Republic of Macedonia

Criminal Code

 

Enacted:                         23 July 1996

Came into effect:           1 November 1996

 


CRIMINAL CODE

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.

 

Fundaments and limits of

criminal-legal coercion

Article 2

                   The protection of human freedoms and rights and of other basic values, and the implementation of criminal legal coercion, when this is within an extent that is necessary to prevent socially damaging activities, represent the fundament and limit for determining the crimes and the prescription of criminal sanctions.

 

Obligatory implementation

of a more lenient criminal law

Article 3

(1)     The law that was applicable at the time when a crime was committed shall be applied upon the person who has committed the crime.

(2)     If the law has changed once or several times after the crime was committed, that law shall be applied which is more lenient towards the offender.

 

Criminal sanction

Article 4

                   Criminal sanctions are: punishments, conditional sentence and court reprimand, security measures and educational measures.

 

Limitations in the execution

of criminal sanctions

Article 5

                   An offender can be deprived or limited in certain rights in the execution of a criminal sanction only to the extent which corresponds to the nature and contents of this sanction, and only in a manner that provides respect of the offender's personality and his human dignity.

 

Applicability of the General Part

Article 6

                   The provisions from the General Part of this Code are applicable to all crimes determined by the laws of the Republic of Macedonia.

 

 

2.       A CRIME AND CRIMINAL RESPONSIBILITY

2.1.    General provisions on crime and criminal responsibility

 

Crime

Article 7

                   A crime is an unlawful act which is determined by law to be a crime, and whose characteristics are determined by law.

 

An act of minor significance

Article 8

                   An act is not a crime even though it contains characteristics of a crime, when it is an act of minor significance, because of the lack or insignificance of the damaging consequences and the low level of criminal responsibility of the offender.

 

Self-defense

Article 9

(1)     An act is not a crime if it was committed in self-defense.

(2)     Self-defense is that defense, which is necessary for the offender to avert a simultaneous unlawful attack upon himself or upon another.

(3)     The offender who has exceeded the limits of self-defense may be punished more leniently, and if the exceeding was done because of a strong irritation or fear caused by the attack, he may be acquitted from punishment.

 

Extreme necessity

Article 10

(1)     An act is not a crime, which was committed in extreme necessity.

(2)     Extreme necessity exists when the crime was committed in order for the offender to avert from himself or from another a simultaneous obvious danger, which could not be averted in some other way, and hereby the perpetrated evil is not larger than the evil that had threatened.

(3)     An offender who himself caused danger by negligence, or who has exceeded the limits of extreme necessity, may be punished more leniently, and if the exceeding was committed under especially alleviating circumstances - he can even be acquitted from punishment.

(4)     Extreme necessity does not exist if the offender was obliged to expose himself to danger.

 

Criminal responsibility

Article 11

(1)     An offender bears criminal responsibility if he is mentally competent and if he has committed the crime with intent or out of negligence.

(2)     The offender bears criminal responsibility for a crime committed out of negligence only when this is so determined by the law.

 

Mental competence

Article 12

(1)     The offender is mentally incompetent if at the time when he performed the crime he could not understand the significance of his act or if he could not control his actions because of a permanent or temporary mental illness, temporary mental disorder or retarded mental development (mental incompetence).

(2)     The perpetrator of a crime whose ability to understand the significance of his action and the ability to control his actions was significantly decreased because of some situation from item 1, may be punished more leniently (significantly decreased mental competence).

(3)     The perpetrator of a crime bears responsibility if with the use of alcohol, drugs or in some other manner, he brings himself into a situation when he could not understand the significance of his act or control his actions, if before he brought himself into such a situation the act was present in his intent, or in relation to the crime he was negligent, and the law prescribes for such an act criminal responsibility also for negligence.

 

Intent

Article 13

                   A crime was committed with intent when the offender was aware about his act and he wanted it to be committed; or when he was aware that because of his act or omission, there could be a damaging consequence, but he agreed for it to happen.

 

Negligence

Article 14

                   A crime is committed out of negligence when the offender was aware that because of his act or omission, a damaging consequence could happen, but lightheartedly he thought he could prevent it or that it would not happen; or when he was not aware of a possible damaging consequence, even though according to the circumstances and according to his personal features he was obliged to be and he could be aware of this possibility.

 

Responsibility for a more severe consequence

Article 15

                   When the result of a crime was a more severe consequence, for which the law prescribes a more serious punishment, this punishment may be pronounced if the offender acted out of negligence in relation to this consequence.

 

Real mistake

Article 16

(1)     The offender is not criminally responsible, when at the time the crime was committed, he had no knowledge of some of its characteristics, determined by law; or if he wrongly considered that there are circumstances according to which, if they had existed, this would have been permissible.

(2)     If the offender was under mistaken notion out of negligence, he is criminally responsible for the crime committed out of negligence, if the law determines a criminal responsibility for such an act.

 

Mistake of law

Article 17

(1)     The perpetrator of a crime is not criminally responsible for an act if for justified reasons he did not know and he could not have known that this act is prohibited.

(2)     If the offender could have known that this act is prohibited, he may be punished more leniently.

 

2.2.    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.

(2)     The preparation of a crime may be determined by law as a special crime, or it may be prescribed by law that the preparation of a certain crime is punishable.

(3)     When the law prescribes punishment for the preparation of a certain crime, the preparation may consist of procurement or adaptation of means for the perpetration of a crime; of removing hindrances for committing the crime; of making agreements, planning or organizing together with other perpetrators of a crime; as well as of other activities with which conditions are created for direct perpetration of the crime, and which do not represent an action of perpetration.

 

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 offender shall be punished for an attempt within the limits of the punishment prescribed for the crime, and he may be punished more leniently.

 

Unsuitable attempt

Article 20

                   The offender who attempts to perpetrate a crime with unsuitable means or towards and unsuitable object may be acquitted from punishment.

 

Voluntary calling off

Article 21

(1)     An offender who was preparing or who attempted to commit a crime, but who voluntarily called off its perpetration may be acquitted from punishment.

(2)     In case of voluntary calling off, the offender shall be punished for those activities that represent some other independent crime.

 

2.3.    Accessory in crime

 

Joint perpetration

Article 22

                   If several persons, by participation in an act of perpetration or in some other way, commit jointly a crime, each one of them shall be punished with the punishment that is prescribed for that crime.

 

Instigation

Article 23

(1)     A person that instigates, with intent, another to committing a crime, shall be punished as 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.

 

Accessory

Article 24

(1)     A person who with intent assists in the perpetration of a crime, shall be punished as if he had committed the crime himself, and he may be punished more leniently.

(2)     As accessory to perpetrating a crime shall be considered especially: giving advice or instructions how to commit the crime; making available to the offender means for committing the crime; removal of hindrances for perpetrating the crime; as well as giving promise in advance for covering up the crime, the offender, the means with which the crime was perpetrated, the traces of the crimes or the objects obtained through the crime.

 

Limits of criminal responsibility and

possibility of punishing the accomplices

Article 25

(1)     The joint offender is criminally responsible within the limits of his intent or negligence, and the instigator and accessory - within the limits of their intent.

(2)     The joint offender, instigator or accessory that voluntarily prevented the perpetration of a crime may be acquitted from punishment. This is also applicable in the case of preparation of a crime, regardless whether it is determined by law as a special crime, or whether the law prescribes as punishable the preparation of a certain crime (article 8 item 2).

(3)     Personal relations, characteristics and circumstances because of which the law excludes criminal responsibility, or it permits acquittal from punishment, a more lenient or a more severe punishment, may be taken into consideration only for that offender, joint offender, instigator or accessory where such relations, characteristics and circumstances exist.

 

2.4.   Special provisions on criminal responsibility for crimes perpetrated through the public media

 

Criminal responsibility of the Chief Editor

Article 26

(1)     The Chief Editor, respectively the person substituting for him at the time when the information was published, is criminally responsible for crimes committed through a newspaper or some other periodical publication, through radio, television or through film news, if:

1)      the author remained unknown until the conclusion of the main hearing before the court of first instance;

2)      the information was published without consent from the author;

3)      at the time of publication of the information actual or legal hindrances existed for the persecution of the author, which continue to last.

(2)     The Chief Editor, respectively the person substituting for him, is not criminally responsible if for justified reasons he did not know about one of the circumstances listed in points 1, 2 and 3 of item 1.

 

Criminal responsibility of the

publisher, printer and producer

Article 27

(1)     When the circumstances from article 26 exist, criminal responsibility is born by:

1)      the publisher - for a crime committed through a non-periodically printed publication, and if there is no publisher or if actual or legal hindrances exist for his persecution - by the printer who knew about it;

2)      the producer - for a crime committed through a record, a tape, a film for private or public presentation, slides, phonograms, video and audio means or similar communication means intended for a wider circle of people.

(2)     If the publisher, printer or producer is a legal entity or a state agency, criminal responsibility is born by the person responsible for the publication, printing or production.

 

Application of the general provisions

on criminal responsibility

Article 28

                   The provisions on criminal responsibility for the persons listed in articles 26 and 27 shall apply only if these persons are not criminally responsible according to the general provisions for criminal responsibility in this Code.

 

2.5.    Manner, time and place of perpetration of a crime

 

Manner of perpetration of a crime

Article 29

(1)     A crime can be perpetrated by act or omission.

(2)     A crime can be perpetrated by omission only when the offender omitted the act that he was legally bound to commit, and the omission has equal significance as causing the consequence of the crime by act.

 

Time of perpetration of a crime

Article 30

                   The crime was perpetrated at the time when the offender acted, or was obliged to act, regardless when the consequence appeared.

 

Place of perpetration of a crime

Article 31

(1)     The crime was perpetrated both at the place where the offender acted or was obliged to act, as well as at the place where the consequence appeared.

(2)     The preparation and the attempt of a crime are considered to be perpetrated both at the place where the offender acted, as well as at the place where according to his intent the consequence should have or could have appeared.

 

 


3.       PUNISHMENTS

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

 

The aim of punishment

Article 32

                   Besides the realization of justice, the aim of punishment is:

(1)     to prevent the offender from committing crimes and his correction;

(2)     educational influence upon others, as not to perform crimes.

 

Types of punishments

Article 33

(1)     For crimes, the criminally responsible offenders may be sentenced to a punishment of imprisonment or a fine.

(2)     A punishment of imprisonment may be pronounced only as a main punishment.

(3)     A fine can be pronounced as a main punishment and also as a secondary punishment.

(4)     If both punishments are prescribed for a single crime, only one of them can be pronounced as the main punishment.

 

Legality in the pronouncing of a punishment

Article 34

(1)     The offender is sentenced to the punishment prescribed for the perpetrated crime, and a more lenient punishment may only be pronounced under the conditions foreseen by this Code.

(2)     For crimes perpetrated from self-interest, a fine may be pronounced as secondary punishment even if it is not prescribed by law, or when it is prescribed by law that the offender shall be sentenced with imprisonment or with a fine, and the court pronounces a punishment of imprisonment as the main punishment.

 

Imprisonment

Article 35

(1)     Imprisonment may not be shorter than thirty days, or longer than 15 years.

(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)     Imprisonment is served in prison, semi-open or open institutions for serving a sentence.

 

Parole

Article 36

(1)     The condemned may be released from serving a punishment of imprisonment under the condition that until the expiration of the period for which the punishment was pronounced he does not perpetrate a new crime; if he has corrected himself so that it can be expected with justification that he would behave well in freedom, and especially that he would not commit crimes. The evaluation whether the condemned shall be set free on parole shall take into consideration his conduct during the serving of his sentence, his performance in the work duties considering his work capability, and other circumstances which show that the aim of the punishment has been achieved.

(2)     The condemned that has served one half of a punishment of imprisonment may be released on parole.

(3)     As an exception, a condemned who has served one third of a punishment of imprisonment may also be released on parole, under the conditions from item 1, and if special circumstances concerning the personality of the condemned evidently show that the aim of the punishment has been attained.

(4)     The condemned sentenced to life imprisonment may not be released on parole before he serves at least 15 years of the punishment of imprisonment.

(5)     A juvenile may be released on parole from serving a punishment of juvenile imprisonment if he has served one third of the punishment, but not before he stays one year in a penal-corrective institution, and if grounds exist to expect that according to the results achieved in correction and reeducation, he would behave well in freedom, continue his education and work, and would not commit crimes in the future. During the parole, the court may determine a measure of intensified supervision.

 

Revoking parole

Article 37

(1)     The court shall revoke the parole if during the time the condemned is under parole he commits one or more crimes for which a sentence has been pronounced of imprisonment or of juvenile imprisonment longer than two years.

(2)     The court may revoke the parole if the person on parole commits one or more crimes for which a sentence of imprisonment or juvenile imprisonment of up to two years has been pronounced. In the evaluation whether it shall revoke the parole, the court shall especially take into consideration the similarity of the perpetrated crimes, their significance, the motives why they were perpetrated, and other circumstances that show the justification for revoking the parole.

(3)     When the court revokes the parole, it shall pronounce a punishment with applying the provisions from articles 44 and 46 item 2, taking the previously pronounced punishment as already confirmed. The part of the punishment that the condemned has already served according to the previous sentence is calculated into the new punishment, and the time passed on parole is not considered.

(4)     The provisions from items 1 to 3 shall be applied also when the person under parole is tried for a crime that he perpetrated before being put on parole.

(5)     If the person on parole is sentenced to a punishment of imprisonment or to a juvenile imprisonment of up to two years, and the court does not revoke the parole, the parole is extended for the time which the condemned has passed in serving the punishment of imprisonment, respectively of juvenile imprisonment.

 

Fine

Article 38

(1)     A fine may not be smaller than five thousand denars. The fine may not be larger than 250 thousand denars, and for crimes perpetrated from self-interest - larger than one million denars.

(2)     The sentence determines the deadline for payment of the fine, which cannot be shorter than 15 days, nor longer than three months, but in justified cases, the court may permit the condemned to pay out the fine in installments, also, whereby the deadline for repayment may not be longer than two years.

(3)     If the condemned does not pay the fine within the determined deadline, the court shall execute it so that for each started one-thousand denars of the fine it shall determine one day of imprisonment, whereby the imprisonment may not be longer than six months.

(4)     If the condemned repays only a part of the fine, the remainder shall be transformed proportionally into imprisonment, and if the condemned pays the remainder of the fine, the serving of imprisonment shall be terminated.

(5)     After the death of the condemned, the fine shall not be executed.

 

3.2.    To mete out punishment

 

General rules to mete out punishment

Article 39

(1)     The court shall mete out a punishment to the offender within the limits prescribed by law for that crime, having in mind the criminal responsibility of the offender, the weight of the crime and the aims of the punishment.

(2)     Hereby, the court shall have in mind all the circumstances that have influence upon decreasing or increasing the punishment (extenuating or aggravating circumstances), and especially: the level of criminal responsibility, the motives for the perpetrated crime, the extent of endangerment or damage to the protected goods, the circumstances under which the crime was committed, the contribution of the victim in the perpetration of the crime, the previous life of the offender, his personal circumstances and his behavior after the perpetrated crime, as well as other circumstances that concern the personality of the offender.

(3)     When the court metes out the punishment to the offender for the committed crime, perpetrated in repetition, it shall especially have in mind whether the previous crime is of the same kind as the new crime, whether the crimes were committed with the same motives and how much time passed since the previous sentence, respectively since the punishment was served or was forgiven.

(4)     When it metes out a fine, the court shall have in mind also the state of wealth of the offender, herewith considering his other incomes, his property and his family obligations.

 

Mitigation of the punishment

Article 40

                   The court may mete out a punishment for the offender under the limit prescribed by law or apply a more lenient form of punishment when:

1)           the law foresees that the offender may be punished more leniently;

2)           it concludes that especially extenuating circumstances exist which point out that the aim of the punishment shall be achieved also through a more lenient punishment.

 

Limits of mitigation of the punishment

Article 41

(1)     When circumstances exist for the mitigation of the punishment from article 40, the court shall mitigate the punishment within these limits:

1.           if the smallest prescribed measure of punishment for the crime is imprisonment with a duration of ten years or longer, the punishment may be mitigated to five years of imprisonment;

2.           if the smallest prescribed measure of punishment for the crime is imprisonment with a duration of five years or longer, the punishment may be mitigated to three years of imprisonment;

3.           if the smallest prescribed measure of punishment for the crime is imprisonment with a duration of three years, the punishment may be mitigated to one year of imprisonment;

4.           if the smallest prescribed measure of punishment for the crime is imprisonment with a duration of one year, the punishment may be mitigated to three months of imprisonment;

5.           if the smallest prescribed measure of punishment for the crime is imprisonment of under one year, the punishment may be mitigated to 30 days of imprisonment;

6.           if the prescribed punishment for the crime is imprisonment of up to three years, with a designated smallest measure, a fine may be pronounced instead of the punishment of imprisonment;

7.           if a fine is prescribed for the crime, with a designated smallest measure, the punishment may be mitigated to five thousand denars.

(2)     In deciding to what extent to mitigate the punishment according to the rules from item 1, the court shall especially have in mind the smallest and the largest measure of punishment prescribed for the crime.

 

Acquittal from punishment

Article 42

(1)     The court may acquit from punishment the offender only when the law foresees this explicitly.

(2)     When the court is authorized to acquit the offender from punishment, it may mitigate his punishment without the limitations that are prescribed for the mitigation of a punishment.

 

Special base for acquittal from punishment

Article 43

                   The court may acquit from punishment an offender who committed a crime from negligence, when the consequences of the crime strike the offender so hard that the pronouncing of the punishment in this case would not fit the aim of the punishment.

 

Concurrence of crimes

Article 44

(1)     If the offender committed several crimes with one action or with several actions, for which he is tried simultaneously, the court shall previously determine the punishments for each one of these crimes, and then shall pronounce a single punishment for all of these crimes.

(2)     The single punishment shall be pronounced by the court according to the following rules:

1)      if it determines a punishment of life imprisonment for some crime in concurrence, it shall pronounce only this punishment;

2)      if it has determined a punishment of imprisonment for crimes in concurrence, the single punishment must be larger than each individual punishment but it may not reach the sum of the determined punishments, nor may it exceed 15 years of imprisonment;

3)      if punishments of up to three years of imprisonment are prescribed for all the crimes in concurrence, the single punishment may not be larger than eight years of imprisonment;

4)      if it has determined only fines for crimes in concurrence, it shall increase the largest determined fine, but this may not exceed the sum of the determined fines, nor 250 thousand denars, respectively one-million denars when one or more crimes were perpetrated in self-interest;

5)      if it has determined punishments of imprisonment for some crimes in concurrence and fines for other crimes, it shall pronounce one punishment of imprisonment and one fine, according to the provisions in points 2, 3 and 4 from this item;

6)      a secondary punishment shall be pronounced by the court if it has been determined even for a single crime in concurrence, and if it has determined several fines, it shall pronounce a single fine according to the provisions in point 4 of this item;

7)      if the court has determined punishments of imprisonment and of juvenile imprisonment for crimes in concurrence, it shall pronounce imprisonment as the single punishment, with applying the rules from points 1, 2 and 3 of this item.

 

Crime in continuation

Article 45

(1)     The offender who performs with intent two or more crimes, connected in time, which represent a multiple realization of the same crime, using the same permanent relation, same occasions or other similar circumstances, shall be sentenced by the court to a single punishment within the limits of the punishment prescribed for that crime.

(2)     The offender who under the conditions from item 1 performs two or more crimes, connected in time, which represents the realization of generic crimes, shall be sentenced by the court to a punishment within the limits of the punishment prescribed for the most severe crime.

 

To mete out a sentence for a sentenced person

Article 46

(1)     If the sentenced person is tried for a crime perpetrated before he started serving the punishment from a previous sentence, or for a crime committed during the serving of imprisonment or juvenile imprisonment, the court shall pronounce a single punishment for all the crimes, by applying the provisions from article 44, taking the earlier pronounced punishment as already confirmed. The punishment or a part of the punishment that the condemned has already served shall be calculated in the pronounced sentence of imprisonment.

(2)     For a crime perpetrated during the serving of a punishment of imprisonment or of juvenile imprisonment, the court shall sentence the offender to a punishment, regardless of the earlier pronounced punishment, if by using the provisions from article 44 the aim of the punishment would not be achieved, considering the duration of the part of the earlier pronounced measure that has not yet been served.

(3)     The offender who commits a crime during the serving of the punishment of imprisonment or of juvenile imprisonment, for which the law prescribes a fine or imprisonment of up to one year, shall receive a disciplinary punishment.

 

Reckoning of pre-trial confinement

and earlier punishment

Article 47

(1)     The time passed in pre-trial confinement, as well as every arrest in connection with a crime, is reckoned in the pronounced punishment of imprisonment, of juvenile imprisonment or of a fine.

(2)     Imprisonment or a fine which the condemned has already served, respectively paid, for a petty offense or an economic offense, is reckoned in the punishment pronounced for the crime whose characteristics include the characteristics of the petty offense or of the economic offense.

(3)     For each reckoning, a day of pre-trial confinement, a day of arrest, a day of juvenile imprisonment, a day of imprisonment and a one thousand denars fine are all counted equal.

 

 

4.       CONDITIONAL SENTENCE AND COURT REPRIMAND

4.1.    Conditional sentence

 

Aim of the conditional sentence

and of the court reprimand

Article 48

                   The aim of the conditional sentence and of the court reprimand is not to use a punishment for lighter crimes against the criminally responsible person when this is not necessary because of criminal-legal protection, and when it may be expected that the warning with a threat of punishment (conditional sentence) or the warning itself (court reprimand) shall have sufficient influence upon the offender not to commit any more crimes.

 

Conditional sentence

Article 49

(1)     With the conditional sentence, the court determines the punishment for the offender and at the same time it determines that this punishment shall not be executed if the offender does not commit a new crime during a period which the court determines, which cannot be less than one or longer than five years (control period).

(2)     The court may determine in the conditional sentence that the punishment shall be executed also if the condemned does not repay the property gain gained by the perpetration of the crime, if he does not compensate the damages which he caused by the crime, or if he does not fulfill the other obligations foreseen by the criminal-legal provisions. The time frame for fulfilling these obligations is determined by the court within the framework of the determined control period.

(3)     The security measures, pronounced with the conditional sentence, are executed.

 

Conditions for pronouncing

a conditional sentence

Article 50

(1)     A conditional sentence may be pronounced when a punishment for the offender was determined of imprisonment of two years or a fine.

(2)     A conditional sentence may be pronounced also when a punishment has been determined of imprisonment with a duration of up to two years or a fine, by applying the provisions for mitigation of punishment (articles 40, 41 and 42 item 2).

(3)     In the decision making process whether a conditional sentence shall be pronounced, and considering the aim of the conditional sentence, the court shall especially take into consideration the offender's personality, his previous life, his behavior after the perpetrated crime, the extent of criminal responsibility, and other circumstances under which the crime was committed.

(4)     If a punishment of both imprisonment and a fine were determined for the offender, a conditional sentence may be pronounced for both punishments, or just for the punishment of imprisonment.

 

Revoking a conditional sentence

because of a new crime

Article 51

(1)     The court shall revoke the conditional sentence if during the control period, the condemned commits one or more crimes for which a punishment of imprisonment of two years or longer has been pronounced.

(2)     If during the control period the condemned commits one or more crimes for which a punishment is pronounced of imprisonment for less than two years or a fine, after it evaluates all the circumstances concerning the committed crimes and the offender, and especially the relationship of the perpetrated crimes, their significance and the motives why they were committed, the court shall decide whether it shall revoke the conditional sentence. Hereby, the court is bound by a ban on pronouncing a conditional sentence if the offender is to be sentenced to a punishment of more than two years of imprisonment for the crimes determined in the conditional sentence and for the new crimes (article 50, item 1).

(3)     If it revokes the conditional sentence, and by applying the provisions from article 44, the court shall pronounce a single punishment, both for the previously committed crime and for the new crime, taking the punishment from the revoked conditional sentence as confirmed.

(4)     If it does not revoke the conditional sentence, the court may pronounce a conditional sentence or punishment for the new committed crime. If the court finds that it should pronounce a conditional sentence for the new crime, also, by applying the provisions from article 44 it shall determine a single punishment, both for the previously committed crime and for the new crime, and it shall determine a new control period which cannot be shorter than one and not longer than five years, counting from the day the new sentence comes into effect. For the offender who is sentenced to imprisonment for a new crime, the time served for this punishment shall be reckoned within the control period determined with the conditional sentence for the previous crime.

 

Revoking a conditional sentence because

of a crime committed earlier

Article 52

(1)     The court shall revoke the conditional sentence if it determines, after it is pronounced, that the condemned has committed a crime prior to being sentenced conditionally, and if it evaluates that there would be no reason for pronouncing a conditional sentence if it had been known about that crime. In that case, the provision from article 51, item 3, shall be applied.

(2)     If the court does not revoke the conditional sentence, it shall apply the provision from article 51, item 4.

 

Revoking a conditional sentence because of

non-realization of certain obligations