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Reporter(s)

Elizabeth Santalla Vargas

Specialist Prosecutor v Gucati (Hysni) and Haradinaj (Nasim), Public redacted version of the decision on the confirmation of the indictment, Case No KSC-BC-2020-07/F00074-Red, ICL 2052 (KSC 2020), 11th December 2020, Kosovo (disputed); Kosovo Specialist Chambers and Specialist Prosecutor's Office [KSC]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 24 May 2022

Whether the Kosovo Specialist Chambers had jurisdiction over offences against the administration of justice related to its official proceedings.

Whether the offence of obstructing an official person in performing official duties, under Article 401(1) of the Criminal Code of the Republic of Kosovo, required that the use of force or serious threats be directed towards the given official.

Whether the offence of obstructing an official person in performing official duties by common action of a group of persons, punishable under Article 401(2) of the Criminal Code of the Republic of Kosovo, entailed a form of co-perpetration.

Whether the offence of intimidation during criminal proceedings required proving an actual effect.

Whether the supporting material to the indictment enabled finding a well-grounded suspicion as to the commission of the charged offences by the suspects.

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