Nullum crimen sine lege

The former Yugoslav Republic of Macedonia

Macedonia - Constitution 1991 (2019) EN

Article 14
No person may be punished for an offence which had not been declared an offence punishable by law, or by other acts, prior to its being committed, and for which no punishment had been prescribed. .

No person may be tried in a court of law for an offence for which he/she has already been tried and for which a legally valid court verdict has already been brought

Macedonia - Criminal Code 1996 (2009) EN

GENERAL PART

1. GENERAL PROVISIONS

Legality in the determining of crimes and the prescribing of criminal sanctions

Article 1

Nobody can be sentenced to a punishment or some other penal sanction for an act, which before it was committed, was not determined by law to be a crime and for which no punishment was prescribed by law.

GENERAL PART

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

Special conditions of prosecution

Article 120

(4) Only after approval from the Public Prosecutor of the Republic of Macedonia may prosecution be initiated in the Republic of Macedonia in the cases from article 119, item 2, regardless of the law of the country in which the crime was committed, if this concerns a crime which, at the time it was perpetrated, was considered to be a crime according to the general legal principles, recognized by the international community.

Macedonia - Criminal Code 1996 (2018) EN

''GENERAL PART, 1. GENERAL PROVISIONS, Legality in the determining of crimes and the prescribing of criminal sanctions Article ''

Nobody can be sentenced to a punishment or some other penal sanction for an act, which before it was committed, was not determined by law or the international agreements ratified in accordance with the Constitution of the Republic of Macedonia to be a crime and for which no punishment was prescribed by law.

''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, 2. Preparation and attempt of a crime,
Preparation, Article 18''
(1) A person intentionally preparing a crime shall be punished only when this is
explicitly so determined by law.

''Special conditions of prosecution, Article 120''

(4) Only after approval by the Public Prosecutor of the Republic of Macedonia
may prosecution be initiated in the Republic of Macedonia in the cases from article
119, paragraph 2, regardless of the law of the country in which the crime was
committed, if this concerns a crime which, at the time it was perpetrated, was
considered to be a crime according to the general legal principles, recognized by
the international community.
(5) In the cases from article 116, the prosecution of a foreigner may be handed
over to a foreign country, under the condition of reciprocity.

Rome Statute

Article 22 Nullum crimen sine lege

1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.

2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.

3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.