GENERAL PART
2. A CRIME AND CRIMINAL RESPONSIBILITY
2. 5. Criminal accountability of a legal entity
Conditions for criminal accountability of a legal entity
Article 28-a
(1) In cases as prescribed by law, the legal entity is liable for the criminal act committed by the responsible person of the legal entity, on behalf, on the account or for the benefit of the legal entity.
(2) The legal entity is also liable for a criminal act which is committed by its employee or representative of the legal entity that resulted in significant benefit in assets or resulted in damages for someone else, if :
1) the execution of a conclusion, order or any other decision or approval by administrative body, management body or supervisory body, means perpetration of a criminal act ; or
2) the crime was committed due to omission of obligatory supervision by the administrative body, management body or supervisory body ; or
3) the administrative body, management body or supervisory body failed to prevent the criminal act or concealed it or failed to report the crime before the initiation of criminal proceeding against the perpetrator.
(3) Under the terms specified in paragraphs (1) and (2) of this article, all legal entities are liable, with the exception of the State.
(4) The Self-Government units are liable only for acts committed outside their public com petences.
(5) Under the conditions specified in paragraphs (1) and (2) of this article, a foreign legal entity is criminally liable, if the act has been committed within the territory of the Republic of Macedonia, regardless whether there is a representative office or subsidiary of the legal entity that operates within the territory of the country.
Limitations of legal entity’s liability
Article 28-b
(1) The liability of the legal entity does not exclude the criminal liability of a physical person as perpetrator of the criminal act.
(2) Under the conditions specified in Article 28-a, paragraphs (1) and (2) thereof, the legal entity is also liable for a criminal act in case when there are actual or legal obstacles to determine the criminal liability of the physical person as perpetrator of the crime.
(3) If the criminal act has been committed due to negligence, the legal entity is liable under the conditions specified in Article 28-a of this law if the law provides punishment for a crime committed due to negligence (Article 11, paragraph 2).
''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, 5. Criminal Liability of Legal Entity Conditions for criminal Liability of legal entity, Article 28-a''
(1) In the cases determined by law, the legal entity shall be held liable for the
criminal act committed by the legal entity, within the legal entity in behalf of, on the
account of or for the benefit of the legal entity.
(2) The legal entity shall be held liable for the criminal act, resulting in significant
property
benefit or in significant damages caused to a another person, committed by its
employee or representative of the legal entity if:
(1) the execution of a conclusion, order or another decision or approval of an
administrative body, management body or a supervisory body represents committing
(1) criminal act or
2) the criminal act was provoked by lack of mandatory supervision by the
administrative body, the management body or the supervisory body or) the administrative body, the management body or the supervisory body has not
prevented the criminal act or covered it or failed to report it before the initiation of a
criminal procedure against the perpetrator.
(3) Under the conditions referred to in paragraphs (1) and (2) of the present Article,
the
(4) criminal liability shall fall on all legal entities, except the State.
(5) The local self- Government units shall be liable only for the acts
committed outside their
authorizations.
(5) Under the conditions stated in paragraphs (1) and (2) of the present article, a
foreign legal entity shall be criminally liable if the act has been committed on the
territory of the Republic of Macedonia, regardless of whether the legal entity has its
own representative office or a
branch office performing the activity on its territory.
Article 28-b
(1) The liability of the legal entity shall not exclude the criminal liability of the
natural entity
as a perpetrator of the criminal act.
(2) Under the conditions referred to in Article 28-a, paragraphs (1) and (2) of the
present
Article, the legal entity shall be liable for the criminal act even with existence of
actual or legal hindrances to determine the criminal liability of the natural entity as
a perpetrator of
the criminal act.
(3) If the criminal act has been committed due to negligence, the legal entity shall
be held
liable under the conditions referred to in Article 28-a of the present Code, if the law
has not
envisaged penalty for a criminal act committed due to negligence
''GENERAL PART, 3. PUNISHMENTS, Parole, Fine, Article 38-b''
(1) court may decide to prohibit exercise of certain profession or individual
business activity, of duties or affairs related to disposing, using, managing or
handling or keeping property to
an perpetrator punished to a sentence of imprisonment or to a conditionally
sentenced one, if the perpetrator has abused his/her profession, business or duties
for the purpose of committing the crime and if the nature of the crime committed
and the circumstances under which it has been committed, raise a suspicion that
the perpetrator would abuse their position to commit another crime.
''Chapter 6-a, PUNISHMENT OF LEGAL ENTITIES, Types of Punishments, Article 96-a''
(1) For criminal acts perpetrated by legal entities a fine shall be imposed as
primary punishment:
(2) The fine shall be pronounced in the amount that cannot be less than 100.000
denars, and higher than 30 million denars.
(3) For criminal acts perpetrated for own benefit, as well as criminal acts resulting in
benefit or causing high scale damages, a fine doubling the amount of the maximum
of this punishment or proportional to the amount of the caused damages may be
imposed, i.e. the realized benefit, but at most to their amount increased ten times.
Article 96 is deleted1.
Chapter 6-a PUNISHMENT OF LEGAL ENTITIES
Types of Punishments
Article 96-a (1) For criminal acts perpetrated by legal entities a fine shall be imposed as primary punishment:
(2) The fine shall be pronounced in the amount that cannot be less than 100.000 denars, and higher than 30 million denars.
(3) For criminal acts perpetrated for own benefit, as well as criminal acts resulting in benefit or causing high scale damages, a fine doubling the amount of the maximum of this punishment or proportional to the amount of the caused damages may be imposed, i.e. the realized benefit, but at most to their amount increased ten times.
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
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:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.