Soliciting

The former Yugoslav Republic of Macedonia

Macedonia - Criminal Code 1996 (2009) EN

GENERAL PART

2. A CRIME AND CRIMINAL RESPONSIBILITY

2.3. Accessory in crime Joint perpetration

Instigation

Article 23

(1) A person that instigates, with intent, another to committing a crime, shall be punished as if he had perpetrated the crime himself.

(2) A person that instigates, with intent, another to commit a crime, for which a sentence of five years of imprisonment or a more severe sentence could be pronounced, and there is not even an attempt of this crime, shall be punished as for an attempted crime.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Organizing group and urging for commitment of genocide and war crimes

Article 416-a

(1) One who will organize a group with an intention to commit crimes stipulated in the articles 403 through 416, shall be sentenced with imprisonment of at least eight years.

(2) One who will become a member of the group stipulated in paragraph 1, shall be sentenced with imprisonment of at least four years.

(3) Member of the group stipulated in the paragraph 2, who will disclose the group before he/she commits crime as its member or in its behalf, shall be pardoned.

(4) One that calls on or urges for commitment of the crimes stipulated in the articles 403 through 416, shall be sentenced with imprisonment of one to ten years.

Macedonia - Criminal Code 1996 (2018) EN

''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, 3. Accessory in crime, Instigation
Article 23''
(1) A person that instigates, with intent, another to committing a crime, shall be
punishedas if he had perpetrated the crime himself.
(2) A person that instigates, with intent, another to commit a crime, for which a
sentence of five years of imprisonment or a more severe sentence could be pronounced, and there
is not even an attempt of this crime, shall be punished as for an attempted crime.

''Abuse of international signs, Article 416''

1) A person who abuses or without authorization carries the flag or the sign of the
United Nations Organization, or the signs or flag of the Red Cross, or signs that
correspond to them, international telecommunication signs, signs of cultural heritage or
other acknowledged international signs with which certain facilities are marked, shall be
punished with imprisonment of three months to three years.

2) The punishment from paragraph (1) shall also apply to the person that by misusing a
ceasefire flag, military signs or an enemy’s uniform shall instigate death or grievous
bodily harm to another person.
(3) A person, who commits the crime from paragraphs 1 and 2 in a zone of military
operations, shall be punished with imprisonment of six months to five years

Organizing a group and instigating genocide and war crimes Article 416-a

(1) The One who organizes a group for performing crimes from Article 403 to 416 shall be punished with imprisonment of up to eight years.

2) The One who shall become member of the group from paragraph (1) shall be punished with imprisonment of at least four years.

3) The Member of the group from paragraph (2), who shall disclose the group before the crime was committed, shall be acquitted of punishment.

4) The one who provokes or instigates on performance of crimes from Article 403 to 416 shall be punished with imprisonment of one to ten years.

Organizing a group and instigating genocide and war crimes Article 416-a

(1) The One who organizes a group for performing crimes from Article 403 to 416 shall be punished with imprisonment of up to eight years.

2) The One who shall become member of the group from paragraph (1) shall be punished with imprisonment of at least four years.

3) The Member of the group from paragraph (2), who shall disclose the group before the crime was committed, shall be acquitted of punishment.

4) The one who provokes or instigates on performance of crimes from Article 403 to 416 shall be punished with imprisonment of one to ten years.

Rome Statute

Article 25 Individual criminal responsibility

3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:

(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;