Know Your Rights. Protect Your Future.
Why Knowing Your Rights Matters
Being arrested can be one of the most overwhelming experiences in a person’s life. In Kosovo, arrests are governed by strict legal procedures under the Kosovo Criminal Code (Law No. 06/L-074) and Criminal Procedure Code (Law No. 04/L-123). Whether you’re innocent or facing serious allegations, knowing what to do — and what not to do — can significantly impact the outcome of your case.
If you or a loved one has been arrested or is under investigation, don’t delay. This guide outlines your rights, obligations, and the steps you should take — including when to contact a criminal lawyer in Prishtina, Prizren, or anywhere in Kosovo.
Immediate Steps After Arrest
Upon arrest, you must:
- Stay calm and do not resist – Resisting arrest may result in additional charges.
- Exercise your right to remain silent – You have the right not to answer any questions without a lawyer present.
- Request legal counsel immediately – You are entitled to consult a lawyer from the moment of arrest (Article 9, Criminal Procedure Code).
- Ask to notify a family member – Police must allow you to inform a relative or third party.
⚠️ Do not sign any statements or confessions until your criminal lawyer is present.
Your Legal Rights in Kosovo
Under Kosovo law, you have fundamental rights during criminal proceedings:
- Presumption of innocence until proven guilty
- Right to an attorney of your choice
- Right to remain silent and avoid self-incrimination
- Right to interpretation if you do not speak Albanian
- Right to medical care while in custody
- Right to contact your embassy or consulate (if you’re a foreign national)
These rights are protected by both the Kosovo Constitution and international human rights instruments like the European Convention on Human Rights.
Police Detention Limits in Kosovo
According to Article 19 of the Criminal Procedure Code:
- Police may detain a person for up to 48 hours without charge.
- After that, the prosecution must bring the case before a judge for pretrial detention or release.
- Detention beyond 48 hours without a court order is unlawful.
During this period, the prosecutor may request pretrial detention if the person is deemed a flight risk or might obstruct justice.
Common Criminal Charges and Penalties
Here are some frequent charges we handle at Hoxha & Associates, along with their typical legal consequences under Law No. 06/L-074:
Theft (Vjedhje) – Article 315
- Basic theft: 6 months to 5 years imprisonment
- Aggravated theft (e.g. breaking into homes, armed theft): 1 to 10 years
Drug Offenses (Drogë) – Article 269
- Unlawful possession for personal use: fine or up to 3 years
- Production/trafficking: 1 to 15 years, depending on the amount and intent
Assault, Fraud, Domestic Violence, and Other Charges
Each offense carries distinct penalties, often aggravated by prior convictions, victim status, or use of weapons.
If you’re facing criminal charges in Kosovo, legal advice early in the process can drastically alter your defense options.
The Bail Process in Kosovo
Bail (“garanci për lirim”) is not automatic but can be requested through your lawyer:
- Judicial Review: The judge will assess whether you’re a flight risk or a danger to the public.
- Bail conditions in Kosovo may include:
- Travel restrictions
- Reporting obligations
- A financial guarantee (cash bail or property)
⏳ Timing matters — bail is usually considered within the first 48–72 hours of detention.
A seasoned criminal lawyer in Kosovo can advocate for release on the least restrictive conditions possible.
When to Contact a Criminal Lawyer
✅ Immediately upon arrest
✅ If you are called in for police questioning
✅ If your home or business is searched
✅ If a relative has been detained
You should never go through any police procedure or court appearance without professional legal representation.
At Hoxha & Associates, our criminal defense team serves clients in Prizren, Prishtina, and across Kosovo, with experience in both misdemeanor and felony cases.
Court Procedures in Criminal Cases
Here is what you can expect during criminal proceedings:
- Initial Hearing (Seanca fillestare) – Charges are read, rights are reiterated, bail is reviewed.
- Evidence Phase (Faza e provave) – Investigation, witness statements, expert reports.
- Main Trial (Gjykimi) – Formal hearings before a judge or panel, cross-examinations, final verdict.
- Appeal (Ankimimi) – You may appeal a conviction within 15 days of judgment.
Your lawyer will guide you through each step, protect your rights, and work toward the best possible outcome.
FAQ Section
1. How long can police detain me without charge in Kosovo?
Up to 48 hours without charge (Article 19, CPC). After that, judicial oversight is required.
2. What is the sentence for theft under Kosovo Criminal Code?
Basic theft can lead to 6 months to 5 years imprisonment. Aggravated theft may carry up to 10 years (Article 315, Law No. 06/L-074).
3. What are the penalties for drug offenses in Kosovo?
- Personal use: fine or up to 3 years
- Trafficking: 1 to 15 years depending on quantity and intent (Article 269)
4. How do I request a medical examination? (Si të kërkoj ekspertizë mjekoligjore?)
Inform your lawyer or the detention officer. You have the right to request a medical examination and must be examined by a state-licensed medical professional if requested.
5. What are my rights during police interrogation?
- Right to remain silent
- Right to have a lawyer present
- Right to interpretation
- No obligation to answer questions
6. When should I hire a criminal lawyer?
Immediately — preferably before any questioning or signing of documents.
7. How does the bail system work in Kosovo?
Bail can be requested at the initial hearing. The judge may impose restrictions or financial guarantees based on your personal circumstances and charges.
8. What happens during the first court appearance?
- Charges are formally presented
- You are informed of your rights
- Bail conditions may be set
- You may enter a plea
Conclusion: Don’t Face Criminal Charges Alone
If you or someone you know has been arrested or is under investigation, early legal intervention is critical. At Hoxha & Associates, we provide expert defense services for all types of criminal charges — from theft and drug offenses to serious violent crimes.
📞 Contact Us Today
- Office Hours: Monday to Friday, 09:00 – 17:00
- Emergency Criminal Defense: Call our main number for urgent support
- Serving: Prizren, Prishtina, and all regions of Kosovo
- Expertise: Criminal Defense, Serious Crime Trials, Bail Applications, Pretrial Strategy
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📌 Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice. Laws in Kosovo may change, and outcomes depend on individual case circumstances. For specific legal advice, always consult a licensed attorney.
