The Article 410 of the Penal Code should be amended
Prishtina, 9 May 2012 – After the decision of the President of the country, Mrs. Atifete Jahjaga that the new Criminal Code of Kosovo must be reviewed again in the Assembly, because of the articles 37 and 38 as unacceptable for media and public opinion, Movement FOL appeals to lawmakers to revise also the Article 410, which by actual definition leaves various options of interpretation and is contrary to democratic norms.
Article 410, The Call for Resistance says:
Whoever calls others for resistance or disobedience against approved decisions or lawful measures issued by the competent body or officer is sentenced to three years. While the other paragraph continues: 2. If the offense in paragraph 1 of this Article results in great difficulty or impossibility of implementing the decision, measure or formal legal action, the perpetrator shall be punished with imprisonment from six months to five years.
Such a definition enables various powers in Kosovo to misinterpret this article, and the citizens of Kosovo will bear the consequences.
Movement FOL finds it as necessary that this article be revised and redefined by the Legislation and Judiciary Committee, and the members of the Assembly of Kosovo, in order to avoid any possibility of violation of human rights, freedom of rally, protest and demonstration of the will of Kosovo citizens.
Believing in building a state of democratic values and principles, we hope that our request to review this article of the Criminal Code will be taken seriously by local institutions and the response to this concern will be positive.