On 3 April 2025, the Court of Appeals Panel granted one ground of the SPO appeal against the Pre-Trial Judge’s decision on the confirmation of the indictment. The SPO challenged the Pre-Trial Judge’s interpretation of Article 32(3) of the Kosovo Criminal Code arguing that she incorrectly excluded Hashim Thaçi’s liability for incitement under this article, based on a misinterpretation of sentencing requirements. By majority, Judge Jørgensen dissenting, the Appeals Panel agreed with the SPO, ruling that Article 32(3) applies to crimes for which the sentencing range includes or exceeds five years, even if not the minimum sentence. Consequently, the Panel remanded the matter to the Pre-Trial Judge for further consideration. The Panel dismissed the other three grounds of appeal raised by the SPO.
Here is the full decision.