''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, 2. Preparation and attempt of a crime,
Attempt, Article 19''
1) A person that intentionally starts the perpetration of a crime, but who does not
complete it,
shall be punished for an attempted crime for which according to the law a sentence
could be
pronounced of five years of imprisonment or a more severe punishment, and for the
attempt of some
other crime only when the law explicitly prescribes the punishment of an attempt.
2) The perpetrator shall be punished for an attempt within the limits of the punishment prescribed for the crime, and he may be punished more leniently.
''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.
''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.
''GENERAL PART, 3. PUNISHMENTS, Expulsion of a foreigner from the country
Article 38-d ''
(1) a perpetrator of a crime who is not a citizen of the Republic of Macedonia,
may be punished by
the Court with a punishment of expulsion from the country, if the Court finds that
the nature of the
crime, perpetrator’s motives and circumstances under which the crime has been
committed, show
that further stay of such an perpetrator in the country shall not be desirable.
''GENERAL PART, 3. PUNISHMENTS, Prohibition to Attend Sports Competitions
Article 38- e''
The penalty of prohibition to attend all or certain sports competitions, shall be
pronounced for acts of violence on sports competitions and shall have a duration of one to three years.
''5. SECURITY MEASURES Aim of the security measures, Article 60''
The aim of the security measures is to remove situations or conditions that can
influence the perpetrator to commit crimes in the future.
''Chapter 6-a, PUNISHMENT OF LEGAL ENTITIES, Meting Out a Fine, Article 96-g''
(1) The legal entity shall be punished with a fine in the amount of a maximum of
500.000 denars for the criminal acts for which a fine or imprisonment of up to three
years have been prescribed, if theact has been perpetrated out of benefit or has
resulted in high scale damages, up to double the amount
of the caused damage or realized benefit.
''CONFISCATION OF PROPERTY AND PROPERTY GAIN AND TAKING AWAY
OBJECTS, 1. Confiscation of property and property gain Grounds for confiscating of property gain,
Article 97''
(1) No one may retain the direct or indirect property gain gained through a crime.
(2) The benefit from paragraph 1 shall be confiscated with the court decision
with which the execution of the crime was determined, under the conditions
foreseen by this Code.
(3) A decision for confiscation shall be adopted by the court in a procedure
determined by law when for actual or legal hindrances the progress of the
criminal procedure against the perpetrator of the criminal act is not possible.
(4) Under the conditions determined by a ratified international agreement, the
confiscated property may be returned to another state.
Confiscation of Immediate Property Gain
Article 97- a Aside to the immediate property gain, the indirect property gain
shall be confiscated from the
perpetrator, consisted in:
1) the property the benefit gained from the criminal act has been transformed in;
2) the property acquired from legal sources if the benefit gained from the criminal
act is fully
2) or partially mixed with such property, to the estimated value of the mixed
benefit obtained
from the criminal act.
3) the income of another benefit emerging from the benefit acquired from the
criminal act, or property in which the benefit acquired from a criminal act is
transformed or from a property
in which the benefit acquired from a criminal act has been mixed, to the estimated
value of the mixed use acquired from the criminal act.
Manner of Confiscation
Article 98
(1) The immediate and indirect property benefit shall be confiscated from the
perpetrator
acquired with the criminal act consisted in cash, mobile or immobile valuable goods
as well
3) as all other property or assets, material or non- material right and if their
confiscation is not
(1) possible, another property shall be confiscated from the perpetrator which is
proportionate to the value of the acquired benefit.
(2)The immediate and indirect property benefit shall be also confiscated by
third persons for
which it shall executed with the perpetration of the criminal act.
(3) The property benefit from paragraph (1) shall be confiscated from members of the
family of the perpetrator to whom it has been transferred if it is evident that they have
not paid a compensation proportionate to the value of the acquired property benefit or from a
third party
(3) if not proven that they have paid a compensation for the property or goods proportionate to
the value of the acquired property benefit.
(4) The goods that have been defined as cultural heritage and natural rarities, as
well as those to which the damaged party has emotional sentiment, shall be
confiscated by third parties, regardless of whether they have been transferred with appropriate
compensation.
(5) The confiscated items shall be returned to the damaged party, and if there is no
damaged party, they shall become state- owned.(6) If the damaged party in the criminal
procedure has been judged with a property and legal request, the court shall pronounce confiscation of the property benefit, should that exceed the amount of this request.
Extended confiscation
Article 98-a
(1) Property acquired in time period prior to the verdict that the court shall
determine in accordance with the circumstances of the case, no longer than five years prior to
the perpetration of the criminal act, when based on all circumstances the court is
convinced that
(5) the property exceeds the legal incomes of the perpetrator and stems from
such act, shall be
confiscated by the perpetrator of the criminal act perpetrated within criminal
association
resulting in property benefit for which a punishment of at least four years is
realized, as well as a criminal act related to terrorism referred to in Articles 313,
394-a, 394-b, 394-c and 419
from the present Code, for which a punishment of five years of imprisonment is
prescribed or
a more severe punishment or it is related with criminal money laundering for which
the
(1) prescribed punishment is imprisonment of a minimum of four years.
(2) The property referred to in paragraph (1) of the present article shall be
confiscated from third persons for which it has been realized to commit the criminal act.
''CONFISCATION OF PROPERTY AND PROPERTY GAIN AND TAKING AWAY
OBJECTS, Confiscation Taking away from a legal entity, Article 100''
2. Seizure of objects, Conditions for seizure of objects, Article 100-a
(1) Nobody may retain or pilfer the objects resulting from committing a crime.
(2) objects that were used of were intended for use in committing a crime shall also
seize regardless of the fact whether they were perpetrator’s or somebody else’s
property, if the interests of the general
safety, of people’s health or if the reasons of the public morale require that a
seizure be made.(3) Seizure of objects used or intended for use in committing a
crime shall be performed, if there
exists a danger that these objects be used again for committing a crime. Objects,
that are somebody
else’s property shall not be seized, if the owner had not known and could not have
known that these
objects were intended or used for committing a crime.
(4) Court shall make a decision for seizure of objects in accordance with the
procedure prescribed
by law and should undertaking criminal proceedings against an perpetrator of
a crime be impossible
because of some factual or legal impediments.
(5) Mere application of such a measure does not prejudice third parties’ rights to
require compensation of damages from a criminal perpetrator.
(6) Under ratified international agreement, confiscated objects can be
returned in property of another country.
Types of punishments
Article 33
(1) Following punishments may be imposed upon criminally liable perpetrators: 1. Imprisonment; 2. Fine;
3. Prohibition to exercise a profession, a business activity or duties;
4. Prohibition to drive a motor vehicle;
(4) 5. Expulsion of a foreigner from the country and
6. Prohibition to attend sports competitions. (2) An imprisonment sentence may only be imposed as a main punishment. (3) A fine may be imposed both as a main and as an auxiliary punishment, along with aconditional sentence
determined as imprisonment.
(7) A punishment of prohibition to drive a motor vehicle and expulsion of a foreigner from the
country may be imposed if imprisonment punishment, fine, a conditional sentence or a court
reprimand were imposed upon an perpetrator.
(8) A punishment of prohibition to drive a motor vehicle may also be imposed as a singular
punishment upon an perpetrator who has committed a crime out of negligence punishable with a fine or with an imprisonment of up to 1 year, if the crime has been committed under particularly mitigating circumstances.
(9) The punishment of prohibition to attend sports competitions may be imposed if the convicted has been sentenced with imprisonment, a fine, conditional sentence or a court reprimand.
Violation of the right to submit a legal means
Article 153
(1) (1) A person who prevents another in using their right to defense, to submit a complaint or some other legal means, by force or by serious threat, shall be punished with a fine, or with imprisonment of up to one year.
(2) (2) If the crime from paragraph 1 is committed by an official person by misusing their official position or authorization, they shall be punished with imprisonment of three months to three years.
(3) If the criminal act from the present Article is committed by a legal entity, it shall be punished with a fine.
(4) The prosecution of the crime from paragraph 1 is undertaken upon private suit.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.