Citation: BGE 150 IV 121 E. 3.3

A l'initiative de la Mission d'administration intérimaire des Nations Unies au Kosovo (MINUK), cet État a appliqué le Provisional Criminal Code of Kosovo (PCCK; Official Gazette, UNMIK/REG/ 2003/25, www.legal-tools.org/doc/b79b1b/pdf [consulté la dernière fois le 5 mars 2024]) depuis le 6 avril 2004 (art. 357 PCCK) et jusqu'à l'entrée en vigueur, le 1er janvier 2013, du Criminal Code Of the Republic of Kosovo (CCK; Code N° 04/L-082; art. 444; Eulex, Assessment of the Handling of rape cases by the justice system in Kosovo - Monitoring Report, 2022, p. 14 s.). Étant relevé que ce texte était en vigueur au moment des faits qu'il est reproché au recourant d'avoir commis au Kosovo (art. 2 al. 1 PCCK), ses art. 193 et 194 ont la teneur suivante dans leur version anglaise (déterminante en cas de conflits avec les textes en langues serbe et albanaise; art. 356 PCCK): "Art. 193 Rape (1) Whoever subjects another person to a sexual act without such person's consent shall be punished by imprisonment of two to ten years. (2) Whoever subjects another person to a sexual act: 1) By force; 2) By threat of an imminent danger to the life or body of such person or another person; BGE 150 IV 121 S. 131 3) By exploiting a situation in which the person is unprotected and where his or her security is in danger; shall be punished by imprisonment of three to ten years. (3) When the offence provided for in paragraph 1 or 2 of the present article is committed under one or more of the following circumstances, the perpetrator shall be punished by imprisonment of five to fifteen years: 1) The offence is preceded, accompanied or followed by an act of torture or inhumane treatment; 2) The perpetrator causes serious bodily injury or serious disturbances to the mental or physical health of the person; 3) The perpetrator uses a weapon or a dangerous instrument; 4) The perpetrator intentionally causes the person to become intoxicated by alcohol, drugs or other substances; 5) The offence is jointly commited by more than one person; 6) The perpetrator knows that the person is exceptionally vulnerable because of old age, physical or mental disorders or disability, or pregnancy; 7) The perpetrator is the parent, adoptive parent, foster parent, step-parent, grandparent, uncle, aunt or older sibling of the person and such person is between the ages of sixteen and eighteen years; 8) The perpetrator shares a domestic relationship with the person and such person is between the ages of sixteen and eighteen years. (4) When the offence provided for in paragraph 2 of the present article is committed against a person under the age of sixteen years, the perpetrator shall be punished by imprisonment of five to twenty years. (5) When the offence provided for in paragraph 1 or 2 of the present article results in the death of the victim, the perpetrator shall be punished by imprisonment of at least ten years or by long-term imprisonment. Art. 194 Commission of sexual acts by threat to honour or reputation Whoever subjects another person to a sexual act by threatening to reveal something that would seriously harm the honour or reputation of such person or of a person closely connected to such person shall be punished by imprisonment of six months to five years." Quant aux règles sur la prescription, elles sont formulées comme suit: "Article 90 Statutory limitation on criminal prosecution (1) Unless otherwise provided for by the present Code, criminal prosecution may not be commenced after the following periods have elapsed: 1) Thirty five years from the commission of a criminal offence punishable by long-term imprisonment; BGE 150 IV 121 S. 132 2) Fifteen years from the commission of a criminal offence punishable by imprisonment of more than ten years; 3) Ten years from the commission of a criminal offence punishable by imprisonment of more than five years; 4) Five years from the commission of a criminal offence punishable by imprisonment of more than three years; 5) Three years from the commission of a criminal offence punishable by imprisonment of more than one year; and 6) Two years from the commission of a criminal offence punishable by imprisonment for up to one year or punishment of a fine. (2) When the law provides for more than one punishment for a criminal offence, the period of statutory limitation on criminal prosecution shall be determined according to the most serious punishment. Article 91 Commencement and interruption of periods of statutory limitation on criminal prosecution: (1) The period of statutory limitation on criminal prosecution commences on the day when the criminal offence was committed. (2) The period of statutory limitation does not run for any time during which prosecution cannot be initiated or continued by law. (3) The period of statutory limitation is interrupted by every act undertaken for the purpose of criminal prosecution of the criminal offence committed. (4) The period of statutory limitation is also interrupted if the perpetrator commits another criminal offence of equal or greater gravity than the previous criminal offence prior to the expiry of the period of statutory limitation. (5) A new period of statutory limitation will commence after each interruption. (6) Criminal prosecution shall be prohibited in every case when twice the period of statutory limitation has elapsed (absolute bar on criminal prosecution)." Il s'ensuit, comme l'a relevé à juste titre la cour cantonale, que le viol reproché au recourant constitue bien un comportement réprimé selon le droit du lieu de commission dans sa teneur en vigueur au moment des faits.