The criminal process starts on the basis of an indictment by the state prosecutor before the court. The indictment is filed with the Basic Court or its branch which is competent to handle the case.

Initially, the indictment and the evidence and other case files shall be submitted to the admissions office, which protocols the indictment and sends it to the Case Management Office (CMO).

The Case Management Office registers and creates the case and assigns the identification number. Case shall be assigned to a judge by draw, electronically.

Depending on the criminal offense the indictment has been filed on, the case shall be adjudicated by a single trial judge or a panel of three judges.

If a special investigative opportunity has been conducted, one of the panel judges shall be assigned to be the single trial judge or either the presiding trial judge or a judge on the trial panel.

The single trial judge or presiding trial judge may ex officio determine whether it has jurisdiction over the matter within the indictment.

Depending on the criminal offense the indictment has been filed on, the case shall be adjudicated by a single trial judge or a panel of three judges.

If a special investigative opportunity has been conducted, one of the panel judges shall be assigned to be the single trial judge or either the presiding trial judge or a judge on the trial panel.

Initial hearing should be held within 30 days after filing the indictment.

If the defendant is being held in detention on remand, the initial hearing shall be held at the first opportunity, not to exceed 15 days from the indictment being filed.

The single trial judge or presiding trial judge shall notify the state prosecutor, defendants and defense attorneys of the time and place of the initial hearing.

No witnesses or expert witnesses shall be examined or other evidence presented during the initial hearing, unless the witness is required for the decision to extend or implement measures to ensure the presence of the defendant in procedure.

The single trial judge or presiding trial judge shall satisfy himself or herself that the defendant understands the indictment and afford the defendant the opportunity to plead guilty or not guilty. The defendant may plead guilty and seek expedited trial.

For criminal offenses punishable by a fine and/or up to 3 years of imprisonment, the single trial judge or prosecutor shall inform and may propose to the injured party and the accused to resolve their case in an alternative procedure through mediation.

The case may also be referred to mediation at later stage of the procedure, but no later than before the closing argument at the main trial.

The single trial judge or presiding trial judge shall inform the defendant and defense counsel that prior to the second hearing, they may:

• file any objections to evidence listed in the indictment,
• file any requests to dismiss the indictment as legally prohibited, and
• file any requests to dismiss the indictment for failing to describe a criminal offence under the law.

The single trial judge or presiding trial judge shall schedule a second hearing no less than 30 days after the initial hearing, and no more than 40 days after the initial hearing. The second hearing shall be attended by the state prosecutor, the defendant(s) and the defense counsel(s).

During the second hearing, the single trial judge or presiding trial judge shall consider any objection and motions to dismiss the indictment, as presented by the defendant. He or she may request the state prosecutor to respond verbally during the hearing or in writing. No witnesses or expert witnesses shall be examined or other evidence presented during the second hearing.

The persons summoned to appear at the main trial shall include the accused, his or her defense counsel, the state prosecutor, the injured party and their legal representatives and authorized representatives, interpreter, witnesses and experts proposed by the State Prosecutor in the indictment and by the accused.

The accused shall be served with the summons no less than 8 days before the main trial so as to have sufficient time between the service of the summons and the day of the main trial to prepare his or her defense.

The trial starts with opening statement by the state prosecutor who takes the floor and reads the indictment, followed by the injured party taking the floor, after which the accused may declare guilty or not guilty.

If the accused is declared not guilty, the procedure continues with administration of evidence where the state prosecutor initially presents the collected evidence, followed by the injured party, if any, and then the defendant presents the evidence or counter-evidence through the defense counsel.

After administration of evidence, the prosecutor and defense counsel of the accused shall present their claims in the closing argument, where questions and responses are allowed.

• If the main trial is held before a single trial judge, the main trial must be completed within 90 days.
• If the main trial is held before the trial panel, the main trial must be completed within 120 days.

Upon completion of the main trial, the court shall render a decision within 15 days.

Upon completion of the trial, the court may render one the following judgment:

• Rejection judgment (rejects the charges and acquits the accused).
• Judgment of Acquittal (finds the accused not guilty and acquits from charges);
• Judgment of Guilty (finds the accused guilty and sentences according to the law);

Against the decision of the first instance court, parties may appeal to the Court of Appeals in Pristina within 15 days from the date of serving the copy of the judgment.

An appeal filed in due time by an authorized person shall suspend the execution of the judgment.