Jurisdiction of custodial State or State where present

The former Yugoslav Republic of Macedonia

Macedonia - Criminal Code 1996 (2009) EN

GENERAL PART

12. APPLICATION OF THE CRIMINAL LEGISLATURE ACCORDING TO THE PLACE OF PERPETRATION OF THE CRIME

Application of the criminal legislature to a foreigner who commits a crime abroad

Article 119

(1) The criminal legislature is applicable also to a foreigner who commits a crime outside the territory of the Republic of Macedonia but directed against her or against her citizen, also when this does not concern crimes listed in article 117, if he finds himself on the territory of the Republic of Macedonia or is extradited.

GENERAL PART

12. APPLICATION OF THE CRIMINAL LEGISLATURE ACCORDING TO THE PLACE OF PERPETRATION OF THE CRIME

Application of the criminal legislature to a foreigner who commits a crime abroad

Article 119

(2) The criminal legislature is also applicable to a foreigner who commits a crime abroad, against a foreign country or a foreigner, who according to that legislature may be sentenced to five years of imprisonment or to a more severe punishment, when he finds himself on the territory of the Republic of Macedonia, and when he is not extradited to the foreign country. If not otherwise determined by this Code, in such a case the court may not pronounce a punishment more severe than the punishment that is prescribed by law of the country in which the crime was committed.

Macedonia - Criminal Code 1996 (2018) EN

''Application of the criminal legislature toa foreigner who commits a crime
abroad Article 119''

(1) The criminal legislature is applicable also to a foreigner who commits a
crime outside the territory of the Republic of Macedonia but directed against her
or against her citizen, also when this does not concern crimes listed in article
117, if he finds himself on the territory of the Republic of
Macedonia or is extradited.

''Application of the criminal legislature toa foreigner who commits a crime
abroad Article 119''
(2) The criminal legislature is also applicable to a foreigner who commits a
crime abroad, against a foreign country or a foreigner, who according to that
legislature may be sentenced to five years of imprisonment or to a more severe
punishment, when he finds himself on the territory of the Republic of Macedonia,
and when he is not extradited to the foreign country. If not otherwise determined
by this Code, in such a case the court may not pronounce a punishment more
severe than the punishment that is prescribed by law of the country in which the
crime was committed.

Rome Statute

Article 12 Preconditions to the exercise of jurisdiction

1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;

(b) The State of which the person accused of the crime is a national.

3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.