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Kosovan law provides for active extraterritorial jurisdiction over offences committed outside Kosovo by Kosovan citizens if the act is also punishable at the place of its commission (double criminality). Kosovan law provides for passive extraterritorial jurisdiction over offences committed by foreigners outside Kosovo against a Kosovo citizen, if the offence is punishable at the place of its commission (double criminality) and the perpetrator is found or transferred to Kosovo. The Criminal Code provides for universal jurisdiction over crimes in international agreements binding on Kosovo and over some listed crimes, including two SEC related offences (Articles 232: Abuse of children in pornography; and Article 234 (3) (4) and (5): Facilitating or compelling child prostitution).
Citizens of the Republic of Kosovo cannot be extradited against their will except when otherwise required by international law and agreements. Extraditable offences are those where the maximum period punishable by deprivation of liberty is at least one year under both the national law and the law of the requesting state (double criminality). If extradition is requested for the enforcement of a sentence, it may be permitted if the duration of the sentence, or the remaining part of the sentence, exceeds the period of four months of imprisonment. There is no specific provision on the extradition of SEC related offences but all of them would be considered as extraditable as they carry greater penalties (Chapter XX-Criminal Offenses against Sexual Integrity; and Article 183 of the Criminal Code).
Criminal Code, Law No. 04/L-213 on International Legal Cooperation in Criminal Matters, Code of Criminal Procedure, 2019, 2013, 2012
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