Decomiso de los haberes – procedimientos nacionales

ex República Yugoslava de Macedonia

Macedonia - Criminal Code 1996 (2018) EN

Article 253

1)The person who, in the performance of the economy, finance, trade, service or

another economic activity, directly or indirectly requests or agrees to receive for

themselves or for another a gift or another direct or indirect benefit or a pledge or an offer for such benefit in order to neglect the interests of the legal or natural entity upon

conclusion or extension of an agreement or undertaking another action or to acquire

unjustified benefit or cause damages from a greater value for the legal or natural entity or a third party, shall be punished with imprisonment of one to five years.

2) The punishment from paragraph (1) from the present Article shall be applied to the

person who requires or agrees to receive, without authorization, a gift or another benefit for themselves or a third party or a pledge for such benefit, in order not to conclude or extend an agreement or to undertake another action for the benefit of the legal or natural entity the interests of which are being represented by them.

3) If the perpetrator agrees to receive a gift, without authorization, or another benefit

after the conclusion of the agreement or lack the of it, they shall be punished with a fine or imprisonment of up to three years.

4) The organizer or participant in a sports competition who directly or indirectly shall

require or shall agree to receive for themselves or another a gift or another direct or

indirect benefit or a pledge or an offer for such benefit with the intention to neglect the

interests of the legal or natural entity organizing the competition in order to achieve a

result independent of the sports game and the rules of the sports competition, shall be punished with imprisonment of one to five years.

5) The punishment referred to in paragraph (4) of the present Article shall be imposed

to the person who mediates in the giving and receiving of the gift.

6) If the criminal act referred to in the present Article is perpetrated by a legal entity, it shall be punished with a fine.

7) The received gift or a different benefit shall be confiscated.

Unauthorized Gift Giving

Article 253- a

1) The person who shall directly or indirectly pledge, offer of give a gift to another or a pledge for such benefit, to, in the performance of the economy, finance, trade, service or another economic activity, neglect the interests of the legal or natural entity upon conclusion or extension of an agreement or undertake of another action or to realize unjustified benefit orto cause damage of a greater value for the legal or natural entity or a third party, shall be punished with imprisonment of one to five years.

2) The punishment referred to in paragraph (1) of the present Article shall be imposed to the person that pledges, offers or gives a gift or another benefit or a pledge for a such an offer to another, so that they, in the performance of the economy, finance, trade, service or another economic activity, without authorization,

to acquire for themselves or another unjustified benefit or to cause damages of bigger c\value by not concluding or not extending an agreement or not undertaking another action that they were obliged to undertake for the benefit of the legal or natural entity the interests of which are represented.

3) If the perpetrator of the action referred to in paragraphs (1) and (2) from the present Article, reports the action before it is discovered or finds out that it has been discovered, they may be acquitted.

4) The person who directly or indirectly shall pledge, offer or provide a gift or another benefit or an offer for such benefit to an organize or a participant in a sports competition with the intention to neglect the interests of the legal or natural entity that organizes the competition in order to achieve a result independent of the sports game and rules of the sports competition, they shall be punished with imprisonment from one to five years.

5) The punishment referred to in paragraph (4) from the present Article, shall be imposed also on the person that mediates in the giving and receiving of the gift.

6) If the criminal act from the present Article is perpetrated by a legal entity, they shall be punished with a fine.

7) The gift given or another benefit shall be confiscated.

Estatuto de Roma

Artículo 93 Otras formas de cooperación

1. Los Estados Partes, de conformidad con lo dispuesto en la presente Parte y con los procedimientos de su derecho interno, deberán cumplir las solicitudes de asistencia formuladas por la Corte en relación con investigaciones o enjuiciamientos penales a fin de:

(k) Identificar, determinar el paradero o inmovilizar el producto y los bienes y haberes obtenidos del crimen y de los instrumentos del crimen, o incautarse de ellos, con miras a su decomiso ulterior y sin perjuicio de los derechos de terceros de buena fe; y