GENERAL PART

3. PUNISHMENTS

3.1. The aim of punishment, the types of punishments and conditions for pronouncing them

Imprisonment

Article 35

(1) Imprisonment may not be shorter than thirty days, or longer than 15 years. For the crimes for which the law prescribes a life imprisonment sentence, a sentence of imprisonment of up to 20 years may be applied.

(2) If a punishment of 15 years of imprisonment is prescribed for a premeditated crime, a punishment of life imprisonment may be prescribed for severe forms of this crime.

(3) The punishment of life imprisonment may not be prescribed as the only main punishment.

(4) The punishment of life imprisonment may not be pronounced for an offender who at the time the crime was committed has not attained the age of 21 years.

(5) Imprisonment is pronounced with full years and months, and up to six months, also with full days.

(6) When a punishment of imprisonment is prescribed for crimes without appointing a minimal measure, and when the maximum measure is not longer than three years, it is compulsory to also pronounce a fine besides the punishment of imprisonment.

(7) The imprisonment shall take place within facilities for imprisonment sentences, specified by law.

GENERAL PART

3. PUNISHMENTS

3.1. The aim of punishment, the types of punishments and conditions for pronouncing them

Fine

Article 38

(1) The fine shall be applied in the form of daily fines, where the number of the daily fines may not be less than five or more than 360 daily fines.

(2) The court shall specify the number of daily fines in accordance with the general rules for specifying the fine.

(3) the court shall determine the level of the daily fine having in mind the material and personal circumstances of the perpetrator, starting, as a rule, from the net daily actual or possible income of the perpetrator, as well as the family and other obligations of the perpetrator as well as the material situation of the perpetrator at the time of the passed judgment. The smallest amount of a daily fine may be the denar equivalent of one euro and the highest amount may be the denar equivalent of 5000 euros.

(4) The court decision shall contain the amount of the fine which may be obtained by multiplying the number of the daily fines with the specified amount of a single daily fine.

(5) For the purposes of determining the amount of the daily fine, the court may ask for reports from banks, financial and other institutions, state authorities and legal entities, which shall be obligated to submit the requested reports and can not invoke the principle of a trade or any other secret.

(6) In the case when the fine is applied as a secondary sentence in addition to an imprisonment sentence, the court shall determine the monetary amount, without applying the provisions stipulated in paragraphs 1 to 5. The monetary fine, if applied as a secondary fine, may not be less than the denar equivalent of 20 euros, nor more than the denar equivalent of 5000 euros.

Collection of a monetary fine

Article 38-a

(1) The judgment shall specify the deadline for payment of the fine, which may not be shorter than 15 days nor longer than three months. However, in certain justified cases the court may allow the defendant to pay the fine in installments, provided that the time period for the payment of the entire fine is not longer than two years. If the perpetrator is a foreign person the court shall specify the fine to be paid without any delay or its payment to be secured in another way.

(2) If the defendant fails to pay the fine within the specified time period, the court may specify a different time period or, if the court determines that the defendant does not want to pay the fine, to order a forced collection of the fine applying a procedure specified by law. If the provision of a new time period, which may not be longer than three months, or the forced collection prove unsuccessful, the court may act as follows : for each unpaid installment it may specify one day imprisonment or, when the fine has been applied as a secondary sentence, for every started denar equivalents of 20 euros, the court may specify one day imprisonment, provided that the total time of imprisonment may not be longer than six months.

(3) If the defendant pays only a part of the fine, the rest will proportionally be transformed into imprisonment time, and if the defendant pays the remainder of the fine, the imprisonment shall be terminated.

(4) After the death of the defendant the fine shall no longer be enforced.

GENERAL PART

7. CONFISCATION OF PROPERTY AND MATERIAL PROFITS AND CONFISCATION OF OBJECTS

1. Confiscation of property and material profits

Grounds for confiscation property gain

Article 97

(1) No one may retain the indirect and direct property gain gained through a crime.

(2) The benefit from item 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) The decision to confiscate shall be passed by the court in a procedure specified by law also in the case when, due to factual or legal reasons, it is impossible to conduct the criminal procedure with respect to the perpetrator of the crime.

(4) In accordance with the conditions specified in a ratified international agreement, the confiscated property may be returned to another country.

Confiscation of indirect property gain

Article 97-а

Apart from direct property gain the perpetrator shall be subject to confiscation of the indirect property gain, consisting of the following :

1) the property into which the proceeds of crime have been transformed or converted,
2) the property acquired from legitimate sources if proceeds of crime have been intermingled, fully or partially, with that property, up to the estimated value of the intermingled proceeds of crime, and
3) the income or other benefits derived from the proceeds of crime, from property into which such proceeds of crime have been transformed or converted or from property with which such procees of crime have been intermingled, contains the proceeds from a crime, up to the estimated value of the intermingled proceeds of crime.

Manner of confiscating

Article 98

(1) The indirect and direct proceeds of crime that include money, movable or immovable valuable items, as well as any other property, real estate or assets, tangible or non-tangible rights shall be confiscated from the perpetrator, and if confiscation is not possible, other assets shall be confiscated from the perpetrator which correspond to the value of the proceeds.

(2) The indirect and direct proceeds shall be also confiscated from third parties for whom they have been obtained by committing the crime.

(3) The proceeds of crime referred to in paragraph 1 shall be also confiscated from family members of the perpetrator to whom the proceeds were transferred, if it is obvious that they did not provide compensation that corresponds to the value of the obtained proceeds or from third parties, if they fail to prove that they paid an amount corresponding to the value of the proceeds for the item or property.

(4) The objects which have been declared as cultural heritage and natural rarities, as well as those to which the damaged party is personally attached, shall be confiscated from third persons, regardless of whether these objects have been transferred to the third parties with an appropriate compensation.

(5) The goods that are confiscated are returned to the damaged person, and if there is no damaged person, they become the property of the state.

(6) If during the criminal proceeding, the damaged person is adjudged a property and legal claim, the court shall pronounce a taking away of property gain, if this exceeds the amount of the claim.

Extended confiscation

Article 98-а

(1) The property of a perpetrator of a crime committed as part of a criminal enterprise which is subject to imprisonment of at least 4 years, as well as for a crime related to terrorism as prescribed by Articles 313, 394 – а, 394-b, 394-c and 419, subject to 5 years of imprisonment or more severe punishment or if the crime is related to money laundering, for which an imprisonment of at least 4 years is prescribed, shall be confiscated, if it was acquired within a certain period of time before the court conviction, which the court establishes according to the circumstances of the case, but not longer than 5 years before committing the crime, when based on all circumstances the court is reasonably convinced that the property is surpasses the lawful income of the perpetrator and it originates from such an act.

(2) The property referred to in paragraph (1) of this article shall be also confiscated from third parties for whom it has been obtained by committing the crime.

(3) The property referred to in paragraph (1) shall be also confiscated from family members of the perpetrator to whom it was transferred, when it is obvious that they did not provide compensation that corresponds to its value or from third parties, if they fail to prove that they paid an amount corresponding to the value of the item or property.

GENERAL PART

7. CONFISCATION OF PROPERTY AND MATERIAL PROFITS AND CONFISCATION OF OBJECTS

2. Confiscation of objects

Conditions for confiscation of objects

Article 100-a

(1) Nobody may keep or claim for their own objects that been occurred through a criminal activity.

(2) Objects that were intended or have been used to commit a crime shall be confiscated from the perpetrator, regardless of whether they belong to the perpetrator or to a third party, if this is required by the interest of general safety, health of the people or moral reasons.

(3) The objects which have been used or were intended to be used to commit a crime may be confiscated if there is a threat that they may be used to commit another crime. Objects, which are the property of a third party, shall not be confiscated, except if the third party knew, could now and was obligated to know that these objects have been used or were intended to be used to commit a crime.

(4) The court shall pas a decision to confiscate the objects within the framework of a procedure specified by law also in the case when, due to factual or legal reasons, it is impossible to conduct the criminal procedure with respect to the perpetrator of the crime.

(5) The application of this measure does not interfere with the right of third parties to compensation of damages from the perpetrator of the crime.
(6) Under the conditions stipulated in the ratified international agreements, the objects may be returned to another country .

GENERAL PART

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

Application of the provisions of this code on the criminal sanctions pronounced abroad

Article 121-a

When, based on an international agreement, the criminal sanction pronounced abroad, should be served in the Republic of Macedonia, the provisions stipulated in code regarding probationary discharge, rehabilitation, stature of limitations, amnesty and pardon shall be applied accordingly.

''GENERAL PART, 3. PUNISHMENTS, Imprisonment, Article 35''

(5) Imprisonment is pronounced with full years and months, and up to six
months, also with full days.
(6) When a punishment of imprisonment is prescribed for crimes without
appointing a minimal measure, and when the maximum measure is no longer
than three years, it is compulsory to also pronounce a fine besides the
punishment of imprisonment.
(7) imprisonment shall be conducted in special institutions for that purpose,
determined by law.

''GENERAL PART, 3. PUNISHMENTS, Parole, Fine, Article 38''

(1) A fine shall be determined in daily penalties, while the number of daily penalties
may neither be
(2) lesser than five, nor larger 360 daily penalties.(2) The court met out the number
of daily penalties following the general rules for meting out
punishments.
(3) While meting out the amount of a daily penalty, a court shall particularly
consider perpetrator’s
property assets and personal circumstances, taking as a starting paragraph the net
daily income
which the perpetrator normally earns or could earn, as well as his/her family and
other obligations
and his/her property (assets) at the time of making the court verdict. The least daily
penalty amount
(2) may be one euro in denar equivalent and the maximum one, 5.000 euros in
denar equivalent.
(4) A Court verdict shall determine the daily penalty amount, by multiplying the
number of daily
(3) penalties with the determined amount of a daily penalty.
(5) For the purpose of determining the amount of a daily penalty, a court may
require relevant data
from banks, financial and other institutions, state organs and legal entities, which
are obliged to
(4) deliver the information required and may not call upon protection of a business
or another secret.
(6) In cases in which a fine is imposed as an auxiliary punishment along with
imprisonment, the court shall mete out the fine in monetary amount, without
applying the provisions of par.1 to 5. A
fine imposed as an auxiliary punishment may neither be set in an amount less than
20 euros, nor
(5) larger than 5.000 euros, in denar counter value.
Collecting a Payment of a fine
Article 38-a
(1) The verdict shall specify a period of time granted for payment of a fine, this
time period being
no shorter than 15 days and no longer than 3 months, but in some justified cases
the court may allow the convicted person to pay the fine in several allotments, so
that such period of payment granted
does not exceed 2 years. If the person convicted is a foreigner, the court shall
make a decision that
(1) the fine be paid without any delay or assure its payment in another manner.
(2) If a convicted person does not pay the fine in the determined period of time, the
court may grant a new (an additional) period of time or if the Court’s assessment is
that the person convicted does not want to pay the fine, it shall order compulsory
execution of a fine in a procedure determined by law. Should payment of the fine
be not completed within the newly approved period of time or should the order for
compulsory payment fail to collect payment of the fine, the court shall execute
the payment of the fine in a manner that for each daily penalty a day of
imprisonment shall be ordered or if the fine was imposed as an auxiliary
punishment, for each amount of 20 euros one day
(2) of imprisonment shall be ordered, while considering the limit that such an
imprisonment may not last longer than 6 months.
(3) If the convicted person pays only a portion of the fine, the rest of the fine shall
proportionally be
transferred into a punishment of imprisonment and if the person convicted pays the
rest of the fine, serving of imprisonment shall be stopped.
(4) Payment of a fine may not be executed after the convicted person has died.”

''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''
(3) The property referred to in paragraph (1) of the present Article shall be
confiscated frommembers of the family of the perpetrator to which it has been
transferred when it is evident that they have not paid any compensation
correspondent to it value or from a third party if not proven that for the item or
property they have paid a correspondent compensation

''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.

''Chapter 9, REHABILITATION, Legal rehabilitation, Article 104''

(1) The sentence of a pronounced alternative measure, except conditional
sentence, and a sentence with which the perpetrator of a crime is acquitted from
punishment are erased from the penal
records if the convicted does not commit a new crime within one year from the day
the court decision
comes into effect.
(2) The conditional sentence shall be erased from the penal records after one
year from when the control time expired, if during this time the convicted does not
commit a new crime.
(3) The sentence to a fine and punishment of prohibition to drive a motor vehicle,
pronounced as the only sentence, is erased from the penal records after three years pass
from the day the punishment is served, becomes obsolete or is pardoned, if during
this time the convicted does not
commit a new crime.
(4) The sentences to imprisonment of up to three years and to juvenile
imprisonment shall be erased from the penal records after five years pass from the day the
punishment is served, becomes obsolete or is pardoned, if during this time the
convicted does not commit a new crime.
(5) Several sentences to a single person may be erased from the penal records
only at the same time, and then if conditions exist for erasing each one of these
sentences.

''Chapter 9, REHABILITATION, Court rehabilitation, Article 105''

(1) After three years expire from the day the punishment is served, becomes
obsolete or is pardoned, the court may determine that the legal consequences from
the sentence cease, concerning the prohibition of attaining certain rights.
(2) After expiration of two years from the enforcement of the punishment of prohibition to
perform business of a legal entity, the court may decide for casing the prohibition.
(3) After Two years expire from the day of implementation of punishments, of
prohibition of obtaining permits, licences, concession, authorization or another right
determined with a separate law, prohibition to participate in public call procedures,
award of agreement for public procurement and agreements for public and private partnership, prohibition to found new legal entities or prohibition to use subvention and other favorable credits,
the court may decide for them to stop prior to the expiration of the time they
have been pronounced for.
(4) After three years have passed from the day of application of the punishments of
prohibition to perform profession, activity or duty and prohibition for driving a motor vehicle
and temporary exile of a foreign citizen from the country, as well as the punishment
of permanent prohibition to perform activity of the legal entity, the court may decide for them
to stop.
(5) When deciding about rehabilitation, the court shall take into consideration
the behavior of the convicted after the sentence, the circumstance whether he has
indemnified the damages, whether he has returned the property gain, as well as
other circumstances of importance to this decision.
(6) Upon the request from the convicted, the court may determine to erase from
the penal records the sentence to imprisonment: more than three years and up to
five years, within a period of five years; more than five years and up to ten years,
within a period of ten years; more than ten years up to 20 years and within a period of 40 years, up to 20 years from the day the punishment is served, becomes obsolete or is pardoned, if during this time the convicted does not commit a new crime.
When deciding to erase the sentence, the court shall take into consideration the
conduct of the convicted after serving the sentence, the nature of the crime and the other
circumstances which may be of importance for the assessment of the justification
for erasing the sentence.

''Course and cessation of the obsolescence of the criminal prosecution
Article 108''

(1) The obsolescence of the criminal prosecution starts on the day the crime
was committed or
the consequence occurred. If the act has been committed against a child, the
obsolesce of the criminal
(2) prosecution shall commence on the day the child becomes of legal age.(2)
The obsolescence does not run at the time when, according to the law, the
prosecution may not begin or continue.
(3) The obsolescence is interrupted by each process action that is undertaken
in order to prosecute the perpetrator because of the committed crime.
(4) The obsolescence is interrupted also when the perpetrator, at the time
while this time period of obsolescence is still going on, commits an equally
severe or more severe crime.
(5) For each interruption, the obsolescence starts to run again from the
beginning.
(6) The obsolescence of the criminal prosecution comes into effect in any case
when a time period elapses which is twice as long as required by law for the
obsolescence of the criminal prosecution.
Obsolescence of the execution of punishment
Article 109
If with this Code it is not determined otherwise, the pronounced punishment may
not be executed when the following time period has elapsed:
(1) thirty years from a sentence to life imprisonment;
(2) twenty years from a sentence to imprisonment of more than ten years;
(3) ten years from a sentence to imprisonment of more than five years;
(4) five years from a sentence to imprisonment of more than three years;
(5) three years from a sentence to imprisonment of more than one year; and
(6) two years from a sentence of imprisonment of up to one year, or to a fine.

''Reckoning pre-trial confinement and a punishment served abroad
Article 121''
The pre-trial confinement, the freedom deprivation during the extradition procedure,
as well as the punishment or security measure of deprivation of freedom, which the perpetrator
served according to a sentence by a foreign court, shall be reckoned in the
punishment which shall be pronounced by the domestic court for the same crime,
and if the punishments are not of the same kind, the reckoning shall be done according to the assessment of the court.