Republic of Macedonia
Enacted:
23 July 1996
Came
into effect: 1 November
1996
CRIMINAL
CODE
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.
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.
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.
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.
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
(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.
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.
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
(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
(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.
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.
Aim of the conditional sentence
and of the court reprimand
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
Article 53
If the conditional sentence determines that the condemned should realize some
obligation from article 49, item 2, and he does not fulfill this obligation
within the time frame determined in the sentence, the court may, within the
framework of the control period, extend the time frame for fulfillment of the
obligation, or it may revoke the conditional sentence and pronounce the
punishment that was determined by the conditional sentence. If the court
determines that the condemned, for justified reasons, cannot fulfill the set
obligation, the court shall exempt him from fulfillment of that obligation, or
it shall substitute it with some other appropriate obligation, foreseen by law.
Time frames for revoking
a conditional sentence
Article 54
(1)
The conditional sentence may be revoked during the control period. If the
condemned at that time commits a crime, which calls for revoking of the
conditional sentence, and this was determined by the sentence only after the
control period, the conditional sentence may be revoked at the latest within
one year from the day the control period expired.
(2)
If the condemned does not fulfill some obligation from article 49, item 2, within
the determined time frame, the court may decide, at the latest within one year
from the day the control period expired, that the punishment determined in the
conditional sentence should be executed.
Conditions for determining
protective supervision
Article 55
(1)
The court shall determine protective supervision when it finds that the
conditional sentence shall not have sufficient influence upon the offender not
to commit new crimes, again, and the circumstances connected with the
offender's personality or his living environment justifies the expectation that
the aim of the conditional sentence shall be achieved if measures of help,
care, supervision or protection are determined.
(2)
The court determines the duration of the protective supervision to a certain
time during the control period.
Obligations in protective supervision
Article 56
(1)
When the court pronounces protective supervision, it may determine one or more
of the following obligations for the condemned:
1)
training, specialization and learning a new trade, so that the condemned may
retain the job he already has, or to create preconditions for employment;
2)
acceptance of an employment which corresponds to the capabilities and affinity
of the condemned;
3)
execution of the obligations for maintaining a family, raising children and
other family obligations;
4)
enabling insight and counseling in connection with the distribution and
spending of salary income and other revenues which he earns;
5)
not visiting certain types of premises or other places where alcoholic drinks
are served and where gambling exists;
6)
prohibition of using alcoholic drinks, narcotics or other similar psychotropic
substances;
7)
using the free time according to the opinion of the social agency;
8)
avoiding and not being together with persons that have a negative influence
upon the condemned; and
9)
submitting to medical treatment or social rehabilitation in appropriate
specialized institutions;
(2)
When it selects the type of obligation, the court shall take into consideration
first of all the offender's personality, his health situation and psychological
characteristics, the age, the financial and family conditions, the
circumstances under which he committed the crime, the offender's conduct after
the crime was committed, the motives for committing the crime, and other
circumstances regarding the offender's personality, which are of significance
for the selection of the type of obligation, taking care not to damage the
human dignity, nor to cause unnecessary difficulties in his re-education.
(3)
During the time of conditional postponing of the execution of the determined
punishment, the court may substitute the determined obligation with some other
one, or it may revoke it, upon the suggestion from the social agency or from
the condemned person.
Agency for conducting the
protective supervision
Article 57
(1)
Help and care, supervision and protection in the execution of the obligation by
the offender are performed by the social agency.
(2)
The social agency is obliged:
1)
to stimulate and to help the condemned, with practical advice, to fulfill the
obligation determined by the court, to understand the meaning of the
conditional sentence with the protective supervision, in order to achieve its
aims; and
2)
from time to time to inform the court about the state of fulfilling the
determined obligation.
Consequences from non-fulfillment
of the determined obligation
Article 58
(1)
If the conditionally condemned person does not fulfill the determined
obligations, the court may reprimand him to fulfill the determined obligation
or it may substitute it with some other one.
(2)
If the condemned continues not to fulfill the determined obligation, the court
may extend the duration of the protective supervision, or revoke the conditional
sentence, within the time of the control period.
(3)
If more than six months pass after the decision, with which the protective
supervision was determined, comes into effect and the supervision has not yet
started, the court shall decide again about the need for executing it.
Conditions for pronouncing
a court reprimand
Article 59
(1)
A court reprimand may be pronounced for crimes for which a punishment is
prescribed of imprisonment of up to one year or a fine, and which were
committed under such alleviating circumstances which make it especially light.
(2)
For certain crimes and under conditions foreseen by law, a court reprimand may
be pronounced also when an imprisonment of up to three years is prescribed.
(3)
The court may pronounce a court reprimand for several crimes, committed in
concurrence, if the conditions from items 1 and 2 exist for every one of these
crimes.
(4)
When deciding whether to pronounce a court reprimand, and
considering the aim of the court reprimand, 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.
Aim of the security measures
Article 60
The aim of the security measures is to remove situations or conditions that can
influence the offender to commit crimes in the future.
Types of security measures
Article 61
Offenders may be sentenced to the following security measures:
1)
compulsory psychiatric treatment and custody in a health institution;
2)
compulsory psychiatric treatment in freedom;
3)
compulsory treatment of alcoholics and drug addicts;
4)
prohibition on performing a profession, an activity or a function;
5)
prohibition on driving a motor vehicle;
6)
confiscation of objects; and
7)
expulsion of a foreigner from the country.
Article 62
(1)
The court may pronounce one or more security measures for the offender, when
conditions foreseen by this Code exist for them to be pronounced.
(2)
Compulsory psychiatric treatment and custody in a health institution, and
compulsory psychiatric treatment in freedom, are pronounced for a mentally
incompetent perpetrator of a crime, independently. Together with these
measures, it is possible to pronounce also a prohibition on performing a
profession, activity or function, a prohibition on driving a motor vehicle and
confiscation of objects.
(3)
The prohibition to drive a motor vehicle and the confiscation of objects may be
pronounced if the offender receives a punishment, a conditional sentence, a
court reprimand or an acquittal from punishment.
(4)
Compulsory treatment of alcoholics and drug addicts, a prohibition on
performing a profession, activity or function, and expulsion of a foreigner
from the country may be pronounced if the offender receives a punishment or a
conditional sentence.
and custody in a health institution
Article 63
(1)
The court shall pronounce a compulsory psychiatric treatment and custody in a
health institution to the offender who committed a crime in state of insanity
or of significantly decreased mental competence, if it determines that because
of this state, he may again commit a crime and that for the removal of this
danger, it is necessary to treat him and put him under custody in such an
institution.
(2)
The court shall stop the measure from item 1 when it determines that the need
for treatment and custody of the offender in a health institution has ceased.
(3)
For the offender who has committed a crime in a state of significantly
decreased mental competence and who is sentenced to imprisonment, the time
passed in a health institution is reckoned in the time of duration of the pronounced
punishment. If this time is shorter than the duration of the pronounced
sentence, the court may determine to send the condemned to serve out the
remainder of the punishment, or to let him go on parole, regardless of the
conditions prescribed in article 36. In deciding on parole, the court shall
especially take into consideration the success of the treatment of the
condemned, his health situation, the time passed in the health institution, and
the remainder of the punishment which the condemned has not served.
(4)
The court shall review the need for treatment and custody of the offender in a
health institution every year.
treatment in freedom
Article 64
(1)
The court shall sentence the offender who has committed a crime in the state of
insanity to compulsory psychiatric treatment in freedom, if it determines that
because of this sate, he could commit a crime again, while his treatment in
freedom is sufficient for removing this danger.
(2)
The measure from item 1 may be pronounced against an insane offender, for whom
a compulsory psychiatric treatment and custody in a health institution was
determined, when based on the results of the treatment, the court finds that it
is not necessary any more for him to be under custody and to be treated in a
health institution, but only in freedom.
(3)
Under the conditions from item 1, the court may pronounce a compulsory
psychiatric treatment in freedom also against an offender whose mental competence
is significantly decreased and who was put on parole based on article 63, item
3.
(4)
A compulsory psychiatric treatment in freedom may not last longer than two
years.
(5)
If in the cases from items 1, 2 and 3 the offender does not submit himself to
treatment in freedom, or if he self-willingly abandons it, or if the conditions
for pronouncing the measure from article 63 have been attained, the court may
substitute it with this measure.
alcoholics and drug addicts
Article 65
(1)
The court may pronounce compulsory treatment for an offender because of
addiction to continuous use of alcoholic drinks, narcotics and other
psychotropic substances, where the danger exists that he shall continue to
commit crimes because of this addiction.
(2)
The measure from item 1 is executed in an institution for the execution of a
punishment or in a health or other specialized institution. The time spent in
such an institution is reckoned within the punishment.
(3)
When pronouncing a conditional sentence, the court may impose upon the offender
treatment in freedom, if the offender agrees to submit himself to such
treatment. If the offender does not submit himself to treatment in freedom
without justified reason, or if he abandons the treatment self-willingly, the
court may determine to revoke the conditional sentence or to impose the
execution of the measure of compulsory treatment of alcoholics or drug addicts
in a health institution or in some other specialized institution.
(4)
If this measure is pronounced with the conditional sentence, it may last a
maximum of two years.
Prohibition on performing a profession,
an activity or a function
Article 66
(1)
The court may prohibit the perpetrator of a crime to perform a certain
profession or independent activity, functions or matters in connection with
disposing over, the use, management and handling of property or with custody
over this property, if he has misused his position, his performing a profession
or function in order to commit a crime, and if it can justly be expected that
he would misuse the performing of such activity for committing crimes.
(2)
The court determines the duration of the measure from item 1, which cannot be
shorter than one year nor longer than ten years, reckoning from the day the
sentence comes into effect, whereby the time passed in a prison, respectively
in a health institution for custody and treatment, is not reckoned in the time
of duration of this measure.
(3)
When pronouncing a conditional sentence, the court may determine that this
shall be revoked if the offender violates the prohibition on performing a
profession, activity or function.
a motor vehicle
Article 67
(1)
The perpetrator of a crime with which public traffic is endangered may be
sentenced by the court to a prohibition of driving a motor vehicle of a certain
type or category.
(2)
The measure from item 1 may be pronounced if the court finds that the
circumstances under which the crime was committed or the previous violation of
the traffic regulations by the offender show that it is dangerous for him to
drive a motor vehicle of a certain kind or category. When deciding whether to
pronounce this measure, the court shall take into consideration also the fact
whether the offender by profession is a driver of a motor vehicle.
(3)
The court shall pronounce the measure from item 1 if the crime was committed in
state of heavy intoxication.
(4)
The court determines the duration of the measure from item 1, which may not be
shorter than three months, nor longer than five years, reckoning from the day
the sentence comes into effect, whereby the time passed in prison, respectively
in a health institution for custody and treatment, shall not be reckoned in the
time of duration of this measure.
(5)
If the measure from item 1 is pronounced against a person who has a foreign
driver's license for driving a motor vehicle, this comprises a prohibition on
using it on the territory of the Republic of Macedonia for a period of three
months to five years.
(6)
When pronouncing a conditional sentence, the court may determine that it shall
revoke it if the offender violates the prohibition on driving a motor vehicle.
Confiscation
of objects
(1)
Objects which were used or were intended for the committing of a crime, or
which originated from the perpetration of the crime, may be confiscated, if
they are owned by the offender.
(2)
The objects for which the danger exists that they could be used again for
committing a crime or for which public interests of general safety or reasons
of morality require this, shall be confiscated, regardless whether they are
owned by the offender or by some third person.
(3)
The application of this measure does not touch upon the right of third persons
to compensation of damage by the offender of the crime.
Expulsion
of a foreigner
from the
country
Article 69
(1)
The court may sentence a foreigner to expulsion from the country for a duration
of one to ten years or forever.
(2)
In the evaluation whether to pronounce the measure from item 1, the court shall
take into consideration the motives for committing the crime, the manner in
which the crime was committed, and the other circumstances which point out to
the undesirability of further stay of the foreigner in the country.
(3)
The duration of the expulsion is reckoned from the day the sentence comes into
effect, whereby the time passed in prison is not reckoned in the duration of
this measure.
Application
of the special legal
provisions
to juveniles
Article 70
(1)
The provisions from this chapter and other provisions from this Code which are
not contrary to these provisions are applicable to juvenile offenders.
(2)
The special provisions that are applicable to juvenile offenders are applied,
under the conditions foreseen in the provisions from this chapter, also to
adult persons when they are tried for crimes they had committed as juveniles,
and as an exception, also to persons who had committed a crime as younger adults.
Exclusion
of criminal sanctions
against
children
Article 71
Criminal sanctions may not be applied against a juvenile who at the time of
perpetration of the crime has not reached fourteen years (child).
Criminal
sanctions
against
juveniles
Article 72
(1)
A juvenile who at the time of perpetration of the crime has reached fourteen
years, but has not reached sixteen years (younger juvenile), may be sentenced
only to educational measures.
(2)
A juvenile who at the time of perpetration of the crime has reached sixteen
years, but has not reached eighteen years (older juvenile), may be sentenced to
educational measures, under the conditions foreseen by this Code, and as an
exception, he may be sentenced to juvenile imprisonment.
(3)
Security measures may be pronounced to juveniles under the conditions foreseen
by this Code.
(4)
A juvenile may not be sentenced to a court reprimand, nor a conditional
sentence.
Aim of
educational measures and
of
juvenile imprisonment
Article 73
(1)
The aim of the educational measures and of the juvenile imprisonment is to
provide for the education, correction and proper development of the juvenile
offenders, by giving protection and help to them, by performing supervision over
them, by their professional training and by developing their personal
responsibility.
(2)
The aim of juvenile imprisonment is to perform an intensified influence upon
juvenile offenders so that they would not commit crimes in the future, as well
as upon other juveniles not to commit crimes.
Types of
educational measures
Article 74
(1)
Juvenile offenders may be sentenced to the following educational measures:
-
Disciplinary measures: rebuke or sending them to a disciplinary center for
juveniles;
-
Measures of intensified supervision: by the parents, by the adoptive parent, in
some other family, or by a social agency;
-
Institutional measures: sending them to an educational institution and to a
house of education and correction.
(2)
Disciplinary measures are pronounced against a juvenile when there is no need
for more lasting educational measures, and especially if he has committed a
crime of negligence or of frivolity.
(3)
Measures of intensified supervision are pronounced against a juvenile when
there is a need for longer lasting measures of education, correction, or
treatment by means of an appropriate supervision, but when it is not necessary
to separate him completely from his past environment.
(4)
Institutional measures are pronounced against a juvenile
when there is a need of longer lasting measures of education, correction or
treatment, and his complete separation from his past environment. These
measures may not last longer than five years.
Selection
of the educational measure
Article 75
In the selection of the educational measure, the court shall take into
consideration the age of the juvenile, the extent of his mental development,
his psychological characteristics, affinities, motives for perpetrating the
crime, his past education, the environment and the circumstances under which he
has lived, the severity of the crime, whether he has ever before been sentenced
to an educational measure or to a punishment of juvenile imprisonment, and all
the other circumstances that have influence upon the determination of the type
of measure in order to achieve its aim, prescribed by law.
Rebuke
Article 76
(1)
A rebuke is pronounced if just a rebuke of the juvenile for the perpetrated
crime is sufficient.
(2)
When pronouncing the rebuke to the juvenile, it shall be pointed out to him how
damaging his action was, and he shall be warned that in the case of a repeated
perpetration of a crime, some other criminal sanction may be pronounced against
him.
Sending to
a disciplinary center
for
juveniles
Article 77
(1)
The court shall pronounce the measure of sending to a disciplinary center for
juveniles, when it is necessary to exert an influence upon the personality and
conduct of the juvenile by appropriate short lasting measures.
(2)
The court may send the juvenile who is sentenced to this measure to a
disciplinary center:
1)
for a determined number of hours on holidays, and then up to four holidays, one
after the other.
2)
to a number of hours during the day, but a maximum of one month; and
3)
for a continuous stay for a determined number of days, but not more than twenty
days.
(3)
In pronouncing this measure, the court shall take care that by executing it,
the juvenile shall not be absent from the regular schooling or from work.
(4)
At the disciplinary center, the juvenile shall perform work that corresponds to
his physical strength.
(5)
When sending to a disciplinary center is pronounced, the court may determine
that the execution of this measure be put under intensified supervision of the
social agency.
Measures
of intensified supervision
by the
parents, by the adoptive
parent or
the guardian
Article 78
(1)
The court shall pronounce the measure of intensified supervision by the
parents, the adoptive parent or the guardian, if the parents, the adoptive
parent or the guardian omitted but are able to perform such supervision over
the juvenile.
(2)
When the court pronounces this measure, it shall assign the parents, the
adoptive parent or the guardian certain duties in regard to the measures that
need to be taken for the education of the juvenile, for his treatment and for
removing the damaging influence upon him, and it can also give them necessary
instructions.
(3)
When pronouncing this measure, the court may assign a social agency to control
its execution and to provide support to the parent, the adoptive parent or the
guardian. The court shall decide later on over the ceasing of this control,
whereby it may not last shorter than one year, or longer than three years.
Intensified
supervision
in some
other family
Article 79
(1)
If the parents, the adoptive parent or the guardian of the juvenile are not
able to supervise him, or if it cannot be justly expected of them, the juvenile
shall be handed over to some other family which wants to receive him and which
has the possibility to perform intensified supervision over him.
(2)
The execution of this measure shall be stopped when the parents, the adoptive
parent or the guardian of the juvenile attain the ability to perform
intensified supervision over him, or when according to the results from the
education and correction, the need for an intensified supervision ceases.
(3)
When pronouncing this measure, the court shall determine that the social agency
controls its execution in the period of its duration, and to provide the
necessary support to the family to which the juvenile was assigned.
Intensified
supervision
by the
social agency
Article 80
(1)
If the parents, the adoptive parent or the guardian do not have the possibility
to perform intensified supervision over the juvenile, and if conditions do not
exist for assigning the juvenile to some other family for performing this kind
of supervision, the juvenile shall be placed under the supervision of the
social agency.
(2)
The court shall decide later on to stop this measure, whereby its duration may
not be shorter than one or longer than three years. In the period of duration
of this measure, the juvenile continues to live with his parents, adoptive
parent or other persons that support him, and the intensified supervision over
him is performed by the social agency.
(3)
The social agency cares about the education of the juvenile, his employment,
for separating him from the environment that has a damaging influence upon him,
for the necessary treatment and for putting in order the circumstances under
which he lives.
Special
obligations towards the
measure of
intensified supervision
Article 81
(1)
When pronouncing one of the educational measures of intensified supervision
from articles 78, 79 and 80, the court may assign one or more special
obligations to the juvenile, if this is necessary for a more successful
execution of the pronounced measure.
(2)
The court may assign the juvenile especially these obligations:
1)
to apologize personally to the damaged person;
2)
to correct or compensate the damage caused by the crime;
3)
to go to school regularly;
4)
not to be absent from his workplace;
5)
to train for work which corresponds to his capabilities, affinities and
physical power;
6)
to accept work;
7)
to refrain from using alcoholic drinks, narcotics and other psychotropic
substances;
8)
to refrain from going to certain premises, respectively certain performances;
9)
to go to an appropriate health institution or counseling service;
10)
to use his free time usefully;
11)
not to contact persons that have a damaging influence upon his personality;
12)
to submit to a psychological and physical treatment;
13)
to train, qualify and retrain in order to keep the job which he has or to
create preconditions for employment; and
14)
to provide insight in and to accept advice regarding the allocation and
spending of his salary and of other revenues which he receives.
(3)
The court may change or revoke the special obligations that it had assigned,
upon the proposal from the social agency.
(4)
When determining the obligations from item 2, the court shall especially point
out to the juvenile and to his parents, adoptive parent, respectively guardian,
that in case they are not fulfilled, the measure of intensified supervision may
be substituted by some other educational measure.
Sending to
an educational institution
Article 82
(1)
The court shall send to an educational institution the juvenile for whom it is
necessary to provide a continuous supervision by professionals (with
professional and educational qualifications of educators) for education, correction
and complete separation from his past environment.
(2)
In the educational institution, the juvenile remains at least six months, and
at the most three years. The court does not determine the duration of this
measure when pronouncing it, but it decides about this later on (article 84,
item 2).
Sending to
a house of education
and
correction
Article 83
(1)
The juvenile, against whom longer lasting and intensified measures of education
and correction need to be applied, and who needs to be separated completely
from his past environment, shall be sent by the court to a house of education
and correction.
(2)
When deciding whether to pronounce this measure, the court shall especially
take into consideration the weight and the nature of the perpetrated crime, and
the circumstances whether in the past the juvenile has been sentenced to
educational measures or to a punishment of juvenile imprisonment.
(3)
The juvenile shall remain in the house of education and correction at least one
year, and at the most five years. The court does not determine the duration of
this measure when it pronounces it, but it decides on this later on (article
84, item 2).
(4)
The court reviews the need for staying at the house of education and correction
every year.
Stopping
the execution and changing
the
decision for educational measures
Article 84
(1)
When after the decision is made with which the measure of intensified
supervision or the institutional measure is pronounced, circumstances appear
which did not exist at the time the decision was made, or which were not known
then, and which have an influence upon the making of the decision, the
execution of the pronounced measure may be stopped or it may be substituted
with some other measure of intensified supervision or with an institutional
measure.
(2)
Besides the cases from item 1, if not foreseen otherwise for individual
measures, the execution of the measure of intensified supervision or of the
institutional measure, considering the achieved result in education and
correction, may be stopped, or it may also be substituted with some other such
measure, under the following limitations:
1)
the measure of sending to an educational institution may not be stopped from
execution before the expiration of a period of six months, and until the
expiration of this period it may only be substituted with sending the juvenile
to a house of education and correction, or to a special institution for
treatment and training; and
2)
the measure of sending to a house of education and correction may not be
stopped from execution before the expiration of a period of one year, and after
the expiration of this period, it may be substituted only with sending the
juvenile to a special institution for treatment and training.
Repeated
decision on
educational
measures
Article 85
(1)
If more than one year passed after the decision came into effect with which the
measure of intensified supervision or the institutional measure was pronounced,
and the execution did not start yet, the court shall decide again on the need
of its execution. Hereby the court may decide for the previously pronounced
measure to be executed, not to be executed, or that it be substituted with some
other measure.
(2)
The measure of sending to a disciplinary center for juveniles shall not be
executed if more than six months passed from the coming into effect of the
decision with which this measure was pronounced, and its execution did not
start yet.
Punishment
of older juveniles
Article 86
Only a criminally responsible older juvenile may be punished, who has committed
a crime for which by law a punishment is prescribed, more severe than five
years of imprisonment, and because of the serious consequences from the crime
and the high degree of criminal responsibility it would not be justified to
pronounce an educational measure.
Juvenile
imprisonment
Article 87
(1)
Juvenile imprisonment may not be shorter than one, or longer than ten years,
and it is pronounced in full years or to half a year.
(2)
When meting out the punishment to an older juvenile for a certain crime, the
court may not pronounce a juvenile imprisonment with a duration of longer than
the prescribed punishment of imprisonment for that crime, but the court is not
bound by the lightest prescribed measure for that punishment.
Meting out
the punishment of
juvenile
imprisonment
Article 88
When meting out the punishment of juvenile imprisonment, the court shall take
into consideration all the circumstances which have an influence for the
punishment to be heavier or lighter (article 39), especially taking into
consideration the degree of mental development of the juvenile, and the time
required for his education, correction or professional development.
Pronouncing
educational measures
and
juvenile imprisonment
for crimes
in concurrence
Article 89
(1)
For crimes in concurrence, the court pronounces against the juvenile just a
single educational measure, or just a punishment of juvenile imprisonment, when
legal conditions exist for the pronouncing of this measure and when the court
finds it is necessary to pronounce it.
(2)
The court shall handle according to item 1 also when after the pronounced
educational measure, respectively juvenile imprisonment, it determines that the
juvenile committed some crime before or after it was pronounced.
(3)
If an older juvenile commits several crimes in concurrence, and if the court
determines that for each individual crime a punishment of juvenile imprisonment
should be pronounced, it shall mete out the punishment according to a free
assessment within the framework of the heaviest legal measure of the punishment
of juvenile imprisonment.
(4)
The court shall act according to item 3 also in the case when after the
pronounced punishment it determines that the juvenile committed a crime before
or after it was pronounced.
Action of
the punishment upon
the
educational measures
Article 90
(1)
During the duration of the educational measure, if the court pronounces a
punishment of juvenile imprisonment, the educational measure ceases with the
start of serving this punishment.
(2)
During the duration of the educational measure, if the court sentences a
younger adult to a punishment of juvenile imprisonment or imprisonment of at
least one year, the educational measure ceases with the start of serving this
punishment. If the pronounced punishment of imprisonment is of a shorter
duration, the court shall decide in the sentence whether after the serving of
the punishment, the execution of the educational measure shall continue, or it
shall revoke it.
Obsoleteness
of the execution of the
punishment
of juvenile imprisonment
Article 91
The punishment of juvenile imprisonment may not be executed if the following
has expired:
1)
ten years from the sentence of juvenile imprisonment
to more than five years;
2)
five years from the sentence of juvenile imprisonment to more than three years;
and
3)
three years from the sentence of juvenile imprisonment up to three years.
Conditions
for pronouncing
Article 92
(1)
One of the following security measures, under the conditions foreseen by law,
may be pronounced against juveniles, together with an educational measure or
juvenile imprisonment: compulsory psychiatric treatment and custody in a health
institution, compulsory treatment of alcoholics and drug addicts, confiscation
of objects and expulsion of a foreigner from the country; and towards older
juveniles, also the security measure of prohibition of driving a motor vehicle.
(2)
A mentally incompetent juvenile offender, under the conditions foreseen by law,
may be sentenced to a security measure of compulsory psychiatric treatment and
custody in a health institution and compulsory treatment of alcoholics and drug
addicts, without pronouncing an educational measure or punishment of juvenile
imprisonment. Together with these measures, the measure of confiscation of an
object and a prohibition on driving a motor vehicle may be pronounced.
Pronouncing
criminal sanctions
against
adults who have committed
the crimes
as juveniles
Article 93
(1)
An adult person who has reached the age of twenty-one cannot be tried for a
crime that he committed as a younger juvenile.
(2)
If the adult person has not reached the age of twenty-one at the time of the
trial, he may be tried only for crimes for which a punishment more severe than
five years is prescribed. The court may sentence such a person only to an
appropriate institutional educational measure. In the assessment whether to
pronounce this measure, the court shall take into consideration all the
circumstances of the case, and especially the severeness of the perpetrated
crime, the time elapsed since it was committed, the conduct of the offender and
the aim of this educational measure.
(3)
For a crime perpetrated as an older juvenile, an adult person may be sentenced
to an appropriate institutional educational measure, and under the conditions
from article 87, to a punishment of juvenile imprisonment. In the assessment
whether to pronounce one of these measures, and which one of them, the court
shall take into consideration all the circumstances of the case, and especially
the severeness of the perpetrated crime, the time elapsed since it was
committed, the conduct of the offender, as well as the aim which is to be
achieved with these sanctions.
(4)
As an exception to provision in item 3, the court may sentence an adult person
that reached the age of twenty-one during the trial, to imprisonment or to a
conditional sentence, instead of to juvenile imprisonment. The punishment of
imprisonment pronounced in this case, in regard to the rehabilitation, erasure
of the sentence and the legal consequences from the sentence, has the same
legal action as the punishment of juvenile imprisonment.
Pronouncing
educational measures
against
younger adult persons
Article 94
(1)
An offender who committed a crime as an adult, and who at the time of the trial
has not reached an age of twenty-one may be sentenced by the court to an
appropriate measure of intensified supervision or to an institutional measure,
if considering his personality and the circumstances under which the crime was
committed, it can be expected that with this measure the aim would also be
achieved which otherwise would be realized with the pronouncement of the
punishment.
(2)
A younger adult person, who was sentenced to an educational measure under the
conditions from this Code, may be sentenced by the court to all the security
measures, except prohibition of performing a profession, an activity or a
function.
(3)
The pronounced educational measure may last at the most until the offender
reaches the age of twenty-three years.
Registration
of the pronounced
educational
measures
Article 95
(1)
The registration of the pronounced educational measures is carried out by the
court competent according to the place of birth.
(2)
For juvenile persons born abroad, or with an unknown place of birth, a central register
is established, which is maintained by a court determined by law.
(3)
The data for the pronounced educational measures may be given only to the
court, to the public prosecutor, and to institutions which deal in the
protection of juveniles, in connection with a new criminal procedure conducted
against the juvenile.
Effect of the educational
measures and
the punishment of juvenile
imprisonment
Article 96
The educational measures and the punishment juvenile imprisonment do not cause
legal consequences, consisting of a prohibition on achieving certain rights
(article 102, item 2).
Grounds
for taking away property gain
Article 97
(1)
No one may retain the direct or indirect property gain gained through a crime.
(2)
The benefit from item 1 shall be taken away with the court decision with which
the execution of the crime was determined, under the conditions foreseen by
this Code.
Manner of
taking away
Article 98
(1)
The money, objects of value, property and other property gain gained through
the crime, shall be taken away from the offender, and if the taking away is not
possible, the offender shall be bound to pay an amount of money which corresponds
to the gained property gain.
(2)
The property gain gained by the crime is taken away also from persons to whom
it was transferred if they did not know, but could have known and who were
obliged to know that it was gained through a crime.
(3)
Objects that have been declared cultural monuments, archive or library
materials and a natural rarity, as well as those to which the damaged person is
personally connected, are taken away from third persons, notwithstanding that
they did not know, nor could they have known, nor were they obliged to know,
that they have been gained through a crime.
(4)
The goods that are taken away are returned to the damaged person, and if there
is no damaged person, they become the property of the state.
(5)
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.
Protection
of the damaged person
Article 99
(1)
The damaged person who was referred to a litigation in the criminal procedure
in regard to his property and legal claim, may demand that this be settled from
the taken away value, if he starts a litigation within six months after the day
the decision with which he was referred to a litigation comes into effect, and
if within three months from the day of coming into effect of the decision with
which his claim was determined, he claims the settling of the taken away value.
(2)
The damaged person who has not reported a legal and property claim in the
criminal procedure, may demand the settling from the taken away value if he has
started a litigation for determining his claim within a time frame of three
months from the day he finds out about the sentence with which the property
gain is taken away, and at the latest within two years after the decision for
taking away the property gain comes into effect, and if within three months
from the day the decision with which his claim was determined comes into
effect, he requests the settling of the taken away value.
Taking
away from a legal entity
Article
100
If a legal entity gains property gain from the crime of the offender, this gain
shall be taken away from it.
Setting in
of legal consequences
from the
sentence
Article
101
(1)
The legal consequences from the sentence, which are attached to the sentences
for certain crimes, may not set in when the perpetrator of a crime is sentenced
to a fine, a conditional sentence, a court reprimand or when he is acquitted
from punishment.
(2)
Legal consequences may be foreseen only by law, and they set in by force of the
law with which they are foreseen.
Start and
duration of legal
consequences
from the sentence
Article
102
(1)
The legal consequences from the sentence set in on the day the sentence comes
into effect.
(2)
The legal consequences from the sentence, which consist of prohibition on
attaining certain rights, last at the most ten years from the day the
punishment was served, pardoned or became obsolete.
(3)
The legal consequences from the sentence cease with the erasing of the
sentence.
Rehabilitation
Article
103
(1)
The rehabilitation of the condemned person may set in by force of law (legal
rehabilitation), or based on a court decision (court rehabilitation).
(2)
Rehabilitation means a pre-term ceasing of the security measures and legal
consequences from the sentence, and erasure of the sentence from the penal
records.
(3)
The rehabilitated person is considered not to be sentenced, and the data about
the erased sentence is not given to anybody.
(4)
The rehabilitation does not touch upon the rights of third persons, which are
based on the sentence.
Legal
rehabilitation
Article
104
(1)
The sentence of a pronounced court reprimand and a sentence with which the
perpetrator of a crime is acquitted from punishment are erased from the penal
records if the condemned does not commit a new crime within one year from the
day the court decision comes into effect.
(2)
The conditional sentence is erased from the penal records after one year from
when the control time expired, if during this time the condemned does not
commit a new crime.
(3)
The sentence to a fine 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 condemned does not commit a new crime.
(4)
The sentences to imprisonment of up to three years and to juvenile imprisonment
are 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
condemned 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.
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 three years expire from the day of implementation of security measures,
of prohibition of performing a profession, an activity or a function, and of
prohibition of driving a motor vehicle, the court may decide for them to stop.
(3)
When deciding about rehabilitation, the court shall take into consideration the
behavior of the condemned 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.
(4)
Upon the request from the condemned, 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 and up to fifteen
years, within a period of fifteen years, from the day the punishment is served,
becomes obsolete or is pardoned, if during this time the condemned does not
commit a new crime. When deciding to erase the sentence, the court shall take
into consideration the conduct of the condemned 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.
Penal
records
Article
106
(1)
The penal records are maintained by the court of first instance, competent
according to the birthplace.
(2)
For persons born abroad, as well as those whose birthplace is unknown, the
penal records are maintained in the court which is determined by the law.
(3)
The data from the penal records may be given to the court and to the public
prosecutor's office, in connection with a criminal procedure which is carried
out against the earlier condemned person,
and to the responsible agencies that participate in the procedure for granting
an amnesty or a pardon.
(4)
Data from the penal records may also be given upon justified request to state
agencies, legal entities and physical persons, if certain legal consequences
from the sentence or security measures are still in effect, or if there is a
justified interest for this, based on the law.
(5)
No one has the right to demand from the citizens to submit proof of whether
they have or they have not been sentenced.
(6)
Upon their request, the citizens may be given data about whether they have or
have not been sentenced, only if they need this data because of realizing their
rights abroad.
Obsolescence
of criminal prosecution
Article 107
(1)
If it is not determined otherwise by this Code, criminal prosecution may not be
undertaken when the following expires:
1)
thirty years from when a crime was committed, for which according to the law, a
punishment of life imprisonment may be pronounced;
2)
fifteen years from when a crime was committed, for which according to the law,
imprisonment of more than ten years may be pronounced;
3)
ten years from when a crime was committed, for which according to the law,
imprisonment of more than five years may be pronounced;
4)
five years from when a crime was committed, for which according to the law,
imprisonment of more than three years may be pronounced;
5)
three years from when a crime was committed, for which according to the law,
imprisonment of more than one year may be pronounced; and
6)
two years from when a crime was committed, for which according to the law,
imprisonment of one year or a fine may be pronounced;
(2)
If several punishments are prescribed for a crime, the time frame is determined
according to the most severe prescribed punishment.
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.
(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 offender because of the committed crime.
(4)
The obsolescence is interrupted also when the offender, 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 has elapsed:
1)
thirty years from a sentence to life imprisonment;
2)
fifteen 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.
Obsolescence
of execution of secondary
punishments
and security measures
Article
110
(1)
The obsolescence of execution of a fine as a secondary punishment sets in when
two years expire after the day the sentence with which this punishment was
pronounced comes into effect.
(2)
The obsolescence of the execution of the security measures - compulsory
psychiatric treatment and custody in a health institution, compulsory
psychiatric treatment in freedom and confiscation of objects, sets in when five
years expire from the day the decision with which these measures were
pronounced comes into effect.
(3)
The obsolescence of the execution of the security measures - prohibition on
performing a profession, an activity or a function and prohibition on driving a
motor vehicle, sets in when the time expires for which these measures were
pronounced.
Course
and cessation of the obsolescence
of the
execution of the punishment
Article
111
(1)
The obsolescence of the execution of the punishment starts on the day the
sentence comes into effect, and if a conditional sentence has been revoked,
from the day when the decision on revoking comes into effect.
(2)
The obsolescence does not run when according to the law, the execution of the
punishment cannot be undertaken.
(3)
The obsolescence is interrupted for each activity by the competent agency,
undertaken for the execution of the punishment.
(4)
For each interruption, the obsolescence starts to run from the beginning.
(5)
The execution of a punishment becomes obsolete in any case when a time period
elapses which is twice as long as required by law for the obsolescence of the
execution of the punishment.
(6)
The provisions from items 2 to 5, respectively, apply also for the obsolescence
of the execution of security measures.
No
obsolescence for the crimes
of
genocide and war crimes
Article
112
The criminal prosecution and the execution of punishment do not become obsolete
for crimes foreseen in articles 403 to 408, as well as for crimes for which no
obsolescence is foreseen with ratified international conventions.
Amnesty
Article
113
Persons included in an act of amnesty are awarded acquittal from prosecution,
or full or partial acquittal from execution of the punishment, the pronounced
punishment is substituted with a lighter punishment, they are prescribed an
erasing of the sentence, or a certain legal consequence from the sentence is
revoked.
Pardon
Article
114
(1)
With the pardon of an individually named person, he is awarded acquittal from
prosecution, or full or partial acquittal from execution of the punishment, the
pronounced punishment is substituted with a lighter punishment, or with a
conditional sentence, or he is prescribed an erasing of the sentence, or a
certain legal consequence from the sentence or the security measure is revoked,
respectively it is determined that this should have a shorter duration.
(2)
The pardon may determine the revoking or a shorter duration of the following
security measures - prohibition on performing a profession, an activity or a
function; prohibition on driving a motor vehicle for offenders who are drivers
by profession; and expulsion of a foreigner from the country.
Action of
the amnesty and pardon
on the
rights of third persons
Article
115
Application
of the criminal legislature
to
everyone who commits a crime on the
territory
of the Republic of Macedonia
Article
116
(1)
The criminal legislature is applicable to everyone who commits a crime on the
territory of the Republic of Macedonia.
(2)
The criminal legislature is also applicable to everyone who commits a crime on
a domestic ship, regardless where the ship is at the time the crime is
committed.
(3)
The criminal legislature is also applicable to everyone who commits a crime in
a domestic civil aircraft during flight, or on a domestic military aircraft,
regardless where the aircraft is at the time the crime is committed.
Application
of the criminal legislature
to certain
crimes committed abroad
Article
117
The criminal legislature is applicable to everyone who commits a crime abroad,
from articles 305 to 326, or from article 268, if the forgery concerns domestic
currency.
Application
of the criminal legislature to
a citizen
of the Republic of Macedonia
who
commits a crime abroad
Article
118
The criminal legislature is also applicable to a citizen of the Republic of
Macedonia when he commits some crime abroad, except for the crimes listed in
article 117, if he finds himself on the territory of the Republic of Macedonia
or is extradited.
Application
of the criminal legislature to
a
foreigner who commits a crime abroad
Article
119
(1)
The criminal legislature is applicable also to a foreigner who commits a crime
outside the territory of the Republic of Macedonia but directed against her or
against her citizen, also when this does not concern crimes listed in article
117, if he finds himself on the territory of the Republic of Macedonia or is
extradited.
(2)
The criminal legislature is also applicable to a foreigner who commits a crime
abroad, against a foreign country or a foreigner, who according to that
legislature may be sentenced to five years of imprisonment or to a more severe
punishment, when he finds himself on the territory of the Republic of
Macedonia, and when he is not extradited to the foreign country. If not
otherwise determined by this Code, in such a case the court may not pronounce a
punishment more severe than the punishment that is prescribed by law of the
country in which the crime was committed.
Special
conditions of prosecution
Article
120
(1)
If in the cases from article 116, the criminal procedure is violated or
completed in a foreign country, the prosecution in the Republic of Macedonia
shall be initiated only after approval from the Public Prosecutor of the Republic
of Macedonia.
(2)
In the cases from articles 118 and 119, no prosecution shall be initiated if:
1)
the offender has served out the punishment to which he was sentenced abroad;
2)
the offender was acquitted abroad with a sentence that has come into effect, or
his punishment has become null and void or it was pardoned;
3)
according to the foreign law a crime is prosecuted upon request from the
damaged and no such request was submitted.
(3)
In the cases from articles 118 and 119, prosecution shall be initiated only
when the crime is punishable according to the law of the country in which the
crime was committed. When in the cases from article 118 and article 119, item
1, there is no punishment for that crime according to the law in the country in
which it was committed, prosecution may be initiated only after approval from
the Public Prosecutor of the Republic of Macedonia.
(4)
Only after approval from the Public Prosecutor of the Republic of Macedonia may
prosecution be initiated in the Republic of Macedonia in the cases from article
119, item 2, regardless of the law of the country in which the crime was
committed, if this concerns a crime which, at the time it was perpetrated, was
considered to be a crime according to the general legal principles, recognized
by the international community.
(5)
In the cases from article 116, the prosecution of a foreigner may be handed
over to a foreign country, under the condition of reciprocity.
Reckoning
pre-trial confinement
and a
punishment served abroad
Article
121
The pre-trial confinement, the arrest during the extradition procedure, as well
as the punishment which the offender 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.
Article
122
(1)
Criminal legislature of the Republic of Macedonia means the provisions from
this Criminal Code and the provisions contained in the other laws.
(2)
The territory of the Republic of Macedonia means the territory of dry land, the
water surfaces inside its borders, as well as the airspace above them.
(3)
The concept of a military person means: a soldier serving his military duty; a
soldier under contract; a cadet of a Military Academy; military officers; a
person from the reserve composition, while on military duty as a military
conscript; and civil persons on duty in the Army of the Republic of Macedonia.
(4)
Money is coins and paper money, which based on the law, are in circulation in
the Republic of Macedonia or in a foreign country.
(5)
Marks of value also means foreign marks of value.
(6)
An official person, when marked as a perpetrator of a crime, is considered to
be:
a)
an elected or appointed officer in the Parliament of the Republic of Macedonia,
in the Government of the Republic of Macedonia, in the state administration
agencies, in the courts and in other agencies and organizations which perform
certain professional, administration or other matters within the framework of
the rights and duties of the Republic, in the local self-government, as well as
persons who permanently or periodically perform an official duty in these
agencies and organizations;
b)
an authorized person in a legal entity which by law or by some other regulation
enacted based on the law is entrusted with performing public authority, when he
performs the duty within the framework of that authority;
c)
a person performing certain official duties, based on the authorization given
by law or by some other regulations enacted based on the law;
d)
a military person, when considering crimes in which an official person is
pointed out as offender; and
e)
a representative of a foreign country or an international organization in the
Republic of Macedonia.
(7)
A legal entity means: the Republic of Macedonia, units of local
self-government, political parties, enterprises, institutions and other
associations, funds, financial organizations, and other organizations
determined by law, which are registered as legal entities, and other
communities and organizations to which the characteristic of a legal entity has
been recognized.
(8)
A person in a legal entity is considered to be a responsible person, who
considering his function or based on special authorization in the legal entity,
is entrusted with a certain circle of matters which concern the execution of
legal regulations, or of regulations that are enacted based on a law or a
general act of the legal entity, in the management, use and disposition of
property, the management of the production or some other economic process, or
the supervision over these. An official person is also considered to be a
responsible person, when this concerns crimes where a responsible person is
designated as the offender, and which crimes are not foreseen in the chapter
about crimes against official duty, respectively, as crimes by an official
person, foreseen in some other chapter of this Code.
(9)
When an official or responsible person is designated as the offender, all the
persons listed in items 6 and 8 may be offenders of these crimes unless from
the legal features of a certain crime it arises that just one of these persons
may be the offender.
10)
Elections and voting means the elections for representatives of the citizens in
the Parliament of the Republic of Macedonia and in the local self-government,
for the President of the Republic of Macedonia, and the declaration of the
citizens at a referendum.
(11)
A document is any object that is suitable or defined to serve as proof of any
fact that is of value for the legal relations;
(12)
Securities are: shares, bonds, tax stamps, tax paper, and other securities,
that are traded based on a law of the Republic of Macedonia.
(13)
A movable object also means any produced or collected energy for providing
light, heat or movement.
(14)
A force also means the use of hypnosis and stunning means in order to bring
another against his will into an unconscious state or to disable him for
resistance.
(15)
A social agency means the agencies for social work of the municipalities, the
centers for social work and other agencies that are founded by law to perform a
social activity.
(16)
A motor vehicle means any traffic means with a motor drive, in land, water and
air traffic.
(17)
Severe drunkenness means a state of alcohol in the blood exceeding 1.5 per
thousand (o/oo).
(18)
A smaller property gain, value or damage means a gain, value or damage that
corresponds to the amount of the officially announced average one-half monthly salary
in the economy of the Republic of Macedonia, at the time when the crime was
committed.
(19)
A larger property gain, value or damage means a gain, value or damage that
corresponds to the amount of five average monthly salaries in the economy, at the
time when the crime was committed.
(20)
A significant property gain, value or damage means a gain, value or damage that
corresponds to the amount of 50 average monthly salaries in the economy, at the
time when the crime was committed.
(21)
A property gain, value or damage of a great extent means a gain, value or
damage that corresponds to the amount of 250 average monthly salaries in the
economy, at the time when the crime was committed.
Murder
Article
123
(1)
A person who takes the life of another shall be punished with imprisonment of
at least five years.
(2)
The following person shall be punished with at least ten years or with life
imprisonment, who:
1)
takes the life of another in a cruel or treacherous manner;
2)
takes the life of another and hereby, with intent, brings in danger the life of
another person;
3)
takes the life of another for self-interest, because of committing or covering
up some other crime, for ruthless revenge or for other low motives.
4)
takes the life of another on order;
5)
takes the life of a female person, knowing that she is pregnant; and
6)
takes the life of an official or military person, while they are performing
work on public or state security, or on duty guarding the public order,
catching a perpetrator of a crime, or guarding a person under arrest.
Murder
with noble motives
Article
124
A person who takes the life of another with noble motives shall be punished
with imprisonment of six months to five years.
Momentary
murder
Article
125
A person who takes the life of another momentarily, brought into a state of
strong irritation without his own fault, by an attack or with heavy insult from
the murdered person, shall be punished with imprisonment of one to five years.
Murder
from negligence
Article
126
A person who takes the life of another from negligence shall be punished with
imprisonment of six months to five years.
Murder of
a child at birth
Article
127
(1)
A mother that takes the life of her child at birth or directly after giving
birth, in a state of derangement caused by the birth, shall be punished with
imprisonment of three months to three years.
(2)
The attempt is punishable.
Instigation
to suicide and
helping in
suicide
Article
128
(1)
A person who instigates another to suicide or helps him in committing suicide,
and this was committed, shall be punished with imprisonment of three months to
three years.
(2)
If the crime from item 1 is committed against a juvenile who reached the age of
fourteen or against a person who is in a state of decreased mental competence,
the offender shall be punished with imprisonment of one to ten years.
(3)
If the crime from item 1 is committed against a juvenile who has not reached
the age of fourteen years yet, or against a mentally incompetent person, the
offender shall be punished according to article 123.
(4)
A person behaving cruelly or inhumanely towards another who has a subordinate
or dependent relationship to him, and if this person commits suicide because of
this relationship, which could be attributed to negligence by the offender,
shall be punished with imprisonment of six months to five years.
(5)
If because of the crimes from items 1 to 4 the suicide was only attempted, the
court may punish the offender more leniently.
Unlawful
interruption of a pregnancy
Article
129
(1)
A person who in contrary to regulations about the interruption of a pregnancy,
with the consent from a pregnant woman performs, starts to perform or helps in
performing an interruption of a pregnancy, shall be punished with imprisonment
of three months to three years.
(2)
A person who is engaged in performing the crime from item 1 shall be punished
with imprisonment of one to five years.
(3)
A person who, without the consent from a pregnant woman, performs or starts to
perform an interruption of a pregnancy, shall be punished with imprisonment of
one to five years.
(4)
If because of the crime from items 1, 2 and 3, a major deterioration of the
health or the death of the pregnant woman sets in, the offender shall be
punished for the crime from item 1 with imprisonment of six months to five
years, and for the crime from items 2 and 3, with imprisonment of at least one
year.
Body
injury
Article
130
(1)
A person who injures bodily another, or damages his health, shall be punished
with a fine, or with imprisonment of up to one year.
(2)
The court may sentence the perpetrator of the crime from item 1 to a court
reprimand, if he was provoked with especially insulting or rude behavior by the
damaged person.
(3)
The prosecution for the crime from item 1 is undertaken upon a private suit.
A grave
body injury
Article
131
(1)
A person who gravely injures bodily another, or damages gravely his health,
shall be punished with imprisonment of six months to five years.
(2)
A person who gravely injures bodily another or damages gravely his health and
if because of this the life of the injured person is brought into danger, or a
vital part of the body or some important organ is destroyed, or is damaged
permanently or to a significant extent, or a permanent disability for work is
caused, in general or for the work for which he is trained, his health is
damaged permanently or gravely, or he becomes disfigured, - shall be punished
with imprisonment of one to ten years.
(3)
If because of the grave body injury from items 1 and 2 the injured person dies,
the offender shall be punished with imprisonment
of at least one year.
(4)
A person that commits the crime from items 1 and 2 from negligence, shall be
punished with a fine, or with imprisonment of up to three years.
(5)
A person that commits the crime momentarily, brought without his guilt into a
state of great irritation by an attack or grave insult by the damaged, shall be
punished for the crime from item 1 - with a fine or with imprisonment of up to
three years, and for the crime from items 2 and 3 - with imprisonment of one to
five years.
Participation
in a brawl
Article
132
(1)
A person participating in a brawl in which another lost his life or another
sustained a grave body injury, shall be punished with imprisonment of three
months to three years.
(2)
A crime from item 1 does not exist for a person who was drawn into a brawl
without his own will, or was only separating the other participants in the
brawl.
Threatening
with a dangerous instrument
during a
brawl or a quarrel
Article
133
A person who draws a gun or a dangerous instrument during any kind of brawl or
quarrel, with which he could harm the body gravely, or damage the health
gravely, shall be punished with a fine, or with imprisonment of up to six
months.
Exposure
to danger
Article
134
(1)
A person who leaves another without help, in a state dangerous to life, and
which he has caused himself, shall be punished with imprisonment of three
months to three years.
(2)
If the person exposed to danger because of this loses his life, or becomes
gravely bodily injured, or his health becomes gravely damaged, the offender
shall be punished with imprisonment of one to five years.
Deserting
a feeble person
Article
135
(1)
A person, who was entrusted or who is obliged to take care of a feeble person,
and who leaves him without help under circumstances dangerous to life or to
health, shall be punished with imprisonment of three months to three years.
(2)
If the deserted person loses its life because of this, or is severely bodily
injured, or his health is severely damaged, the offender shall be punished with
imprisonment of one to five years.
Not giving
help
Article
136
A person who does not give help to a person who finds himself in a situation
dangerous for life, even though he could have done this without the danger to
himself or to others, shall be punished with a fine, or with imprisonment of up
to one year.
Injury to
the equality of citizens
Article
137
(1)
A person who, based on a difference in gender, race, color of skin, national
and social origin, political and religious belief, wealth and social position,
the language or other personal characteristics or circumstances, takes away or
limits the rights of humans and citizens, determined by the Constitution, by
law or by ratified international covenant, or who based on all these
differences gives citizens favors in contrary to the Constitution, some law or
international ratified covenant, shall be punished with imprisonment of three
months to three years.
(2)
If the crime from item 1 is committed by an official person while performing
his duty, he shall be punished with imprisonment of six months to five years.
Violation
of the right to use
the
language and the alphabet
Article
138
(1)
A person who takes away or limits the right of the citizens to use the language
and the alphabet, guaranteed by the Constitution, by law or by international
covenant, shall be punished with imprisonment of three months to three years.
(2)
If the crime from item 1 is committed by an official person while performing
his duty, he shall be punished with imprisonment of six months to five years.
Coercion
Article
139
(1)
A person, who by force or with a serious threat forces another to commit, not
to commit, or to endure something, shall be punished with a fine, or with
imprisonment of up to one year.
(2)
If the crime from item 1 is committed by an official person while performing
his duty, he shall be punished with imprisonment of six months to five years.
(3)
Prosecution is undertaken upon a private suit.
Unlawful
arrest
Article
140
(1)
A person who unlawfully arrests, keeps detained, or in some other way takes
away or limits the freedom of movement of another, shall be punished with a
fine, or with imprisonment of up to one year.
(2)
The attempt is punishable.
(3)
If the unlawful arrest is performed by an official person, by misusing the
official position or authorization, he shall be punished with imprisonment of
six months to five years.
(4)
If the unlawful arrest lasted longer than thirty days, or if it was performed
in a cruel manner, or if the health of the unlawfully arrested person was
seriously damaged because of this, or if some other serious consequences set
in, the offender shall be punished with imprisonment of one to five years.
(5)
If the person unlawfully arrested lost his life because of this, the offender
shall be punished with imprisonment of at least three years.
Kidnapping
Article
141
(1)
A person that commits a kidnapping of another, with the intention to force him
or someone else to commit, not to commit or to endure something, shall be
punished with imprisonment of one to ten years.
(2)
A person that commits the crime from item 1 against a juvenile, or the person
who in order to achieve the aim of the kidnapping from item 1 threatens to kill
the kidnapped person, or to inflict grave body injury, shall be punished with
imprisonment of at least three years.
(3)
The offender of the crime from items 1 and 2, who of own volition frees the
kidnapped person before the demand is realized because of which he committed
the kidnapping, may be acquitted from punishment.
Torture
Article
142
(1)
A person who while performing his duty, applies force, threat or some other
unallowed means or unallowed manner, with the intention of extorting a
confession or some other statement from an accused, a witness, an expert or
from some other person, shall be punished with imprisonment of three months to
five years.
(2)
If the extortion of a confession or statement was followed with severe violence
or if because of the extorted confession or statement especially severe
consequences set in for the accused in the criminal procedure, the offender
shall be punished with imprisonment of at least one year.
Mistreatment
in performing a duty
Article
143
A person who while performing his duty mistreats another, frightens him,
insults him, or in general, behaves towards him in a manner in which the human
dignity or the human personality is humiliated, shall be punished with
imprisonment of six months to five years.
Endangering
security
Article
144
(1)
A person who endangers the security of another by a serious threat to attack
his life or body, or the life and body of some person close to him, shall be
punished with a fine, or with imprisonment of up to six months.
(2)
A person that commits the crime from item 1 against an official person while
performing his duty, or towards several persons, shall be punished with
imprisonment of three months to three years.
(1)
The prosecution for the crime from item 1 is undertaken upon a private suit.
Violation
of the inviolability of the home
Article
145
(1)
A person who without authorization enters another's home, or closed or fenced
in area that belongs to that home, or private business premises that are
designated as such, or if he does not remove himself from there upon the
request from the authorized person, shall be punished with a fine, or with
imprisonment of up to one year.
(2)
If the crime from item 1 of this article is committed by an official person
while performing his duty, he shall be punished with imprisonment of six months
to five years.
(3)
The attempt of the crimes from items 1 and 2 is punishable.
(4)
The prosecution of the crime from item 1 is undertaken upon a private suit.
Unlawful
search
Article
146
(1)
A person who performs an unlawful search of another, of a home, of a closed or
fenced in area that belongs to the home, or of business premises, shall be
punished with a fine, or with imprisonment of up to one year.
(2)
An official person who while performing his duty performs an unlawful search
shall be punished with imprisonment of six months to five years.
(3)
The attempt of the crimes from items 1 and 2 is punishable.
(4)
The prosecution of the crime from item 1 is undertaken upon private suit.
Violation
of confidentiality
of letters
or other parcels
Article
147
(1)
A person who without a court decision or without the consent from the person they
are sent to, opens someone else's letter, telegram, some other closed message
in writing or parcel, or secured electronic mail, or in some other way violates
their confidentiality, or withholds, covers up, destroys or hands over to a
third person a letter, telegram, a closed message in writing or a parcel, or
secured electronic mail, shall be punished with a fine or with imprisonment of
up to six months.
(2)
A person who informs another about the secret he found out by violating the
confidentiality of another's letter, telegram or some other closed message in
writing or parcel, or secured electronic mail, or who uses this secret, with
the intention of attaining some benefit for himself or for another, or to
inflict harm to another, shall be punished with a fine, or with imprisonment of
up to one year.
(3)
If the crime from items 1 and 2 is committed by an official person while
performing his duty, he shall be punished for the crime from item 1 with
imprisonment of three months to three years, and for the crime from item 2 with
imprisonment of three months to five years.
(4)
The prosecution of the crime from items 1 and 2 is undertaken upon private
suit.
Unauthorized
publication of personal notes
Article
148
(1)
A person who publishes a diary, a letter or some other personal note without
the permission from the author, in the cases when such a permission is
required, shall be punished with a fine, or with imprisonment of up to one
year.
(2)
The prosecution is undertaken upon private suit.
Misuse of
personal data
Article
149
(1)
A person who collects, processes or uses personal data from a citizen without
his permission, contrary to the conditions determined by law, shall be punished
with a fine, or with imprisonment of up to one year.
(2)
The punishment from item 1 shall apply to a person who penetrates a
computerized information system of personal data, with the intention of using
them in order to attain some benefit for himself or for another, or to inflict
some harm upon another.
(3)
If the crime from items 1 and 2 is committed by an official person while
performing his duty, he shall be punished with imprisonment of three months to
three years.
(4)
The attempt is punishable.
Unauthorized
disclosure of a secret
Article
150
(1)
A lawyer, notary, defense counsel, doctor, midwife or some other health worker,
psychologist, religious confessor, social worker or some other person who,
unauthorized, discloses a secret he discovered while performing his profession,
shall be punished with a fine, or with imprisonment of up to one year.
(2)
The crime from item 1 does not exist if the secret was disclosed in general
interest, or in the interest of some other person, when this has higher
priority than the interest of keeping the secret.
(3)
The prosecution is undertaken upon private suit.
Unauthorized
tapping and audio recording
Article
151
(1)
A person who by using special appliances taps or records on audio a conversation
or a statement which is not intended for him, shall be punished with a fine, or
with imprisonment of up to one year.
(2)
The punishment from item 1 shall apply to a person who enables an unauthorized
person to become informed about a conversation or a statement which is tapped
or recorded on audio.
(3)
The punishment from item 1 shall also apply to a person who records on audio a
statement that is intended for him, without the knowledge of the person giving
the statement, with the intention of misusing it or to pass it on to third
persons, or to the person who directly passes such a statement on to third
parties.
(4)
If the crime from items 1, 2 and 3 is committed by an official person while
performing his duty, he shall be punished with imprisonment of three months to
three years.
(5)
The prosecution of the crime from items 1, 2 and 3 is undertaken upon private
suit.
Unauthorized
recording
Article
152
(1)
A person who without authorization makes photographs, film or video recordings
of another or this person's personal premises, without his consent, and by
violating this person's privacy, or the person who directly transfers these
recordings to a third person, or shows them, or in some other way enables him
to know about them, shall be punished with a fine, or with imprisonment of up
to one year.
(2)
If the crime from item 1 is unlawfully committed by an official person when
performing his duty, he shall be punished with imprisonment of three months to
three years.
(3)
The prosecution of the crime from item 1 is undertaken upon private suit.
Violation
of the right
to submit
a legal means
Article
153
(1)
A person who prevents another in using his 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)
If the crime from item 1 is committed by an official person by misusing his
official position or authorization, he shall be punished with imprisonment of
three months to three years.
(3)
The prosecution of the crime from item 1 is undertaken upon private suit.
Preventing
the printing and
distribution
of printed matters
Article
154
(1)
A person, who by force or by serious threat prevents the printing, sale and
distribution of books, magazines, newspapers or other printed matter, shall be
punished with a fine, or with imprisonment of up to one year.
(2)
The punishment from item 1 shall apply to a person who unlawfully prevents the
broadcasting, sale and distribution of recorded material.
Preventing
or hindering a public gathering
Article
155
(1)
A person who by force, serious threat, deceit or in some other manner prevents
or hinders the convening or the holding of a peaceful public gathering, shall
be punished with a fine, or with imprisonment of up to one year.
(2)
If the crime from item 1 is committed by an official person by misusing his
official position or authorization, he shall be punished with imprisonment of
three months to three years.
Violation
of the right to strike
Article
156
A person who by force or by serious threat takes away or limits the right to
strike of another, shall be punished with a fine, or shall be imprisoned up to
one year.
Violation
of an author's right
and
related rights
Article
157
(1)
A person who in his own name or in the name of another unauthorized
publishes, shows, reproduces, distributes, performs, transmits or in some other
way unauthorized encroaches upon the author's right or some related right of
another, respectively author's work, performance, or object of related
right, shall be punished with a fine, or with imprisonment of up to one year.
(2)
A person who attained a larger property gain from the crime from item 1 shall
be punished with a fine or with imprisonment of up to three years.
(3)
A person who attained a significant property gain from the crime from item 1
shall be punished with imprisonment of three months to five years.
(4)
The attempt is punishable.
(5)
The copies of the author's work, the objects of the related right, and the
means for their reproduction shall be confiscated.
(6)
If the violation was committed by a legal entity, the responsible person in the
legal entity shall be punished.
(7)
The prosecution for violation of a moral right is undertaken
upon a private suit.
Preventing
elections and voting
Article
158
(1)
A person who by using force, serious threat or in some other way makes
impossible or prevents the holding of elections or voting, or makes impossible
or prevents the determining or publication of the results from the voting,
shall be punished with imprisonment of six months to five years.
(2)
If the crime from item 1 is committed in an organized manner, or on the
territory of two or more electorates, the offender shall be punished with
imprisonment of one to ten years.
Violation
of the voting right
Article
159
(1)
A member of an electoral board, electoral commission, board for conducting a
referendum, or some other official person who in the performing of his duty in
connection with elections or voting, with the intention of making it impossible
for another to execute his electoral right, unlawfully does not register him in
the voting list or in the list of candidates, or erases him from a voting list
or from a list of candidates, or in some other way deprives the voter of the
right to elect, to be elected, or to vote, shall be punished with a fine or
with imprisonment of up to one year.
(2)
The punishment from item 1 shall also apply to a member of an electoral board,
electoral commission, or board for conducting a referendum, or some other
official person, who in the performing of his duty in connection with the
elections or voting enables another in an unlawful manner to use the voting
right, even though knowing that this person does not have such a right.
(3)
The attempt is punishable.
Violation
of the voter's freedom of choice
Article
160
(1)
A person who by using force, serious threat, deceit or in some other manner
forces or prevents another from realizing or not realizing, or realizing his voting
right in a specific sense, shall be punished with a fine, or with imprisonment
of up to one year.
(2)
If the crime from item 1 is committed by a member of an electoral board, an
electoral committee, a board for conducting a referendum, or some other
official person, when performing his duty in connection with the elections or
voting, he shall be punished with imprisonment of three months to three years.
(3)
The attempt is punishable.
Misuse of the voting right
Article
161
(1) A person who, at
elections or in voting, votes instead of another or votes more than once, shall
be punished with a fine or with imprisonment of up to one year.
(2) The punishment from
item 1 shall apply also to a person who participates in elections or voting
even though he knows he does not have a voting right.
(3) The attempt is
punishable.
Bribery at
elections and voting
Article
162
(1)
A person who offers, gives or promises a present or some other personal benefit
to a person with voting right, with the intention of attracting this person to
perform or not to perform the voting right, or to perform it in a certain
sense, shall be punished with a fine, or with imprisonment of up to three
years.
(2)
The punishment from item 1 shall also apply to a person with voting right who
requests for himself a present or some other benefit, or who receives a present
or some other benefit, in order to perform or not to perform the voting right,
or to perform it in a certain sense.
Violation
of the confidentiality of voting
Article
163
(1)
A person who violates confidentiality at elections or at voting shall be
punished with a fine, or with imprisonment of up to six months.
(2)
If the crime from item 1 is committed by a member of an electoral board, an
electoral committee, a board for conducting a referendum, or some other
official person, when performing his duty in connection with the elections or
voting, he shall be punished with a fine or with imprisonment
of up to three years.
(3)
The punishment from item 2 shall apply also to a person who by using force,
serious threat, or by using the official, work or economic dependence and in
some other manner, obtains from another to tell him whether he had voted, or
how he had voted.
Destruction
of electoral documents
Article
164
(1)
A person who destroys, covers up, damages, changes or in any other way makes
unusable a document, book or papers which serves in the elections or in the
voting, shall be punished with a fine or
with imprisonment of up to one year.
(2)
If the crime from item 1 is committed by a member of an electoral board, an
electoral committee, a board for conducting a referendum, or some other
official person, when performing his duty in connection with the elections or
voting, he shall be punished with a fine or with imprisonment of up to three
years.
Electoral
deceit
Article
165
A member of a electoral board, an electoral committee, a board for conducting a
referendum, or some other official person, when performing his duty in
connection with the elections or voting, who during elections or voting changes
the number of the cast votes by adding or subtracting one or more voting
papers, or changes the number of votes during counting or when announcing the
results from the elections or voting, by adding or subtracting one or more
votes, shall be punished with imprisonment of three months to five years.
Violation
of the rights
from a
work relationship
Article
166
A person who consciously does not abide by the law, some other regulation or
the collective agreement, about the establishing or terminating of a work
relationship, about the salary and reimbursements from the salary, the work
time, rest or absence, protection of the woman, the youth and the disabled
persons, or about the prohibition of overtime or night work, and who herewith
violates, takes away or limits the right which belongs to the worker, shall be
punished with a fine, or with imprisonment of up to one year.
Violation
of the right of social security
Article
167
A person who consciously does not abide by the law, some other regulation or
the collective agreement, about the health, pension and disability insurance,
and other kinds of social security, and who herewith violates, takes away or
limits the right which belongs to the worker, shall be punished with a fine, or
with imprisonment of up to one year.
Misuse
of the rights from social security
Article
168
A person who, by simulation or by causing an illness or incapability for work,
realizes a right to health, pension and disability insurance and other kinds of
social security, which he does not have according to law, some other regulation
or collective agreement, shall be punished with a fine, or with imprisonment of
up to one year.
Violation
of the rights during
a
temporary unemployment
Article
169
A person who by abuse of official duty consciously does not abide by the law,
some other regulation or a collective agreement, regarding the rights of
citizens during temporary unemployment, and who herewith violates, takes away
or limits a right that belongs to another, shall be punished with a fine, or
with imprisonment of up to one year.
Not
undertaking measures
for
protection at work
Article
170
(1)
A responsible person in a legal entity who consciously does not abide by the
law, some other regulation or the collective agreement regarding measures for
protection at work, shall be punished with a fine, or with imprisonment of up
to one year.
(2)
When pronouncing a conditional sentence, the court may order the offender to
act, within a determined time period, in conformity with the regulations
regarding the measures of protection at work.
Violation
of the right to
participate
in management
Article
171
A person, who by violating regulations or general acts takes away or limits the
right of another to participate in the management of a legal entity, shall be
punished with a fine, or with imprisonment of up to one year.
Defamation
Article
172
(1)
A person who expresses or spreads some untruth about another, which could
damage his honor and reputation, shall be punished with a fine, or with
imprisonment of up to six months.
(2)
If the crime from item 1 is committed by means of the press, radio, television,
or through other public media or at a public gathering, the offender shall be
punished with a fine, or with imprisonment of up to one year.
(3)
If the untruth that is expressed or spread is of such significance that it
caused or could have caused severe consequences for the damaged, the offender
shall be punished with imprisonment of three months to three years.
(4)
If the accused proves the truth of his statement, or if he proves that he had
founded reason to believe in the truthfulness of what he had stated or spread,
he shall not be punished for defamation, but he may be punished for insult
(article 173), respectively for slight with reproaching about a crime (article
175).
(5)
A person who falsely expresses or spreads about another that he has committed a
crime which is prosecuted in the line of duty, shall be punished for
defamation, even though he had had founded reason to believe in the
truthfulness of what he expressed or spread, if the expression or spreading is
not done under the conditions from article 176, item 2. The truthfulness of the
fact that another has committed a crime for which he is prosecuted in line of
duty may be proved only with a sentence that has come into effect, and with
other evidence only if the prosecution of the trial is not possible or is not
allowed.
Insult
Article
173
(1)
A person who insults another shall be punished with a fine, or with
imprisonment of up to three months.
(2)
If the crime from item 1 was committed through the press, radio, television, or
with other public media or at a public gathering, the offender shall be
punished with a fine, or with imprisonment of up to six months.
Expressing
personal
or family
circumstances
Article
174
(1)
A person who expresses or spreads something from the personal or family life of
some person which could harm the reputation of that person, shall be punished
with a fine, or with imprisonment of up to six months.
(2)
If the crime from item 1 is committed through the press, radio, television, or
with other public media or at a public gathering, the offender shall be
punished with a fine, or with imprisonment of up to one year.
(3)
If what is expressed or spread is of such significance that it caused or could
have caused severe consequences for the damaged, the offender shall be punished
with imprisonment of three months to three years.
(4)
The truthfulness or falsehood of what is being expressed or spread in regard to
the personal or family life of some person cannot be proven, except in the case
of article 176, item 3.
Slight
with reproach about a crime
Article
175
(1)
A person who intending to slight another, reproaches him that he has committed
some kind of crime, or that he has been sentenced for some kind of crime, or he
expresses this to another with the same intention, shall be punished with a
fine, or with imprisonment of up to three months.
(2)
If the crime from item 1 is committed through the press, radio, television, or
with other public media or at a public gathering, the offender shall be
punished with a fine, or with imprisonment of up to six months.
No
punishment of crimes
from
articles 172, 173 and 174
Article
176
(1)
A person shall not be punished who expresses himself insultingly about another
in a scientific, literary or artistic work, in a serious piece of critics, in
performing an official duty, journalist vocation, political or some other
social activity, in defense of some right or during protection of justified
interests, if it can be concluded that from the manner of expression or from
other circumstances, this was not done with the intention of slight.
(2)
In the cases from item 1, a person shall not be punished who expresses or spreads
about another that he has committed a crime which is prosecuted in line of duty
even though there is no sentence that has come into effect (article 172, item
5), if he proves that he had grounds to believe in the truthfulness of what he
expressed or spread.
(3)
For the expression or spreading of personal or family circumstances, which was
committed when performing an official duty, political or other social activity,
in defense of some right or when defending some right or when protecting justified
interests, the offender shall not be punished if he proves the truthfulness of
his statement, or if he can prove that he had grounds to believe in the
truthfulness of what he expressed or spread.
Pronouncing
a court reprimand for
crimes
from articles 172 to 175
Article
177
(1)
The court may pronounce a court reprimand to the perpetrator of a crime from
articles 172 to 175, especially if the offender was provoked with an indecent
or rude behavior by the damaged, if he has expressed before the court his
readiness to apologize, and in the case of a crime from articles 172 and 174,
if he has withdrawn before the court what he has expressed or spread.
(2)
If the insulted person returned the insult, the court may punish both or one
side or it may pronounce a court reprimand.
Offending
the reputation of
the
Republic of Macedonia
Article
178
A person, who with the intention to ridicule shall publicly make a mockery of
the Republic of Macedonia, its flag, arm or anthem, shall be punished with
imprisonment of three months to three years.
Ridiculing
the Macedonian
people
and the nationalities
Article
179
A person, who with the intention to ridicule shall publicly make a mockery of
the Macedonian people and the nationalities, shall be punished with
imprisonment of three months to three years.
Offending
the reputation of the court
Article
180
A person who in a procedure before the court ridicules the court, the judge or
the jury-judge, or who commits this in a written submitted paper to the court,
shall be punished with a fine, or with imprisonment of up to one year.
Offending
the reputation of a foreign state
Article
181
A person, who with the intention to ridicule shall publicly make a mockery of a
foreign state, its flag, arm or anthem, or the head of a foreign state or a
diplomatic representative of a foreign state in the Republic of Macedonia,
shall be punished with a fine, or with imprisonment of up to three years.
Offending
the reputation of
an
international organization
Article
182
A person, who with the intention to ridicule shall publicly make a mockery of
the Organization of the United Nations, the International Red Cross, or some
other international organization, or their representatives, shall be punished
with a fine, or with imprisonment of up to three years.
Prosecution
for crimes against
the
reputation of a foreign state and
an
international organization
Article
183
The prosecution of crimes from articles 181 and 182 is undertaken upon request
from the foreign state, respectively the international organization, and after
permission from the Minister of Justice.
Prosecution
of crimes against
the honor
and reputation
Article
184
(1)
The prosecution of crimes from articles 172 to 175 is undertaken upon private
suit.
(2)
If the crimes from articles 172, 173 and 174 were committed against the
President of the Republic of Macedonia, regarding the performing of his
function, prosecution shall be undertaken in line of duty.
(3)
If the crimes from article 172, 173 and 174 are committed towards a person who
is on the list of candidates, during the elections or directly before the
voting, at a time when what was expressed or spread could not be denied
publicly, the prosecution is undertaken in line of duty.
(4)
If the crimes from articles 172, 173 and 174 are committed against a state
agency or its representative, towards an official or military person, regarding
their office or the realization of their function, the prosecution is
undertaken upon proposal.
(5)
If the crimes from articles 172, 173 and 174 are committed against a deceased
person, the prosecution is undertaken upon private suit from the marital
partner, the children, parents, brothers or sisters of the deceased person.
Publication
of a court sentence
Article 185
When sentencing a crime perpetrated through the public media, the court shall
decide, upon the request from the complainant, that the court sentence or an
excerpt from it to be published, for the account of the condemned.
Rape
Article
186
(1)
A person who by the use of force or threat to directly attack upon the life or
body of another or upon the life or body of someone close to that person,
forces him to intercourse, shall be punished with imprisonment of one to ten
years.
(2)
If because of the crime from item 1 a severe body injury, death or other severe
consequences were caused, or the crime was perpetrated by several persons or in
an especially cruel and degrading manner, the offender shall be punished with
imprisonment of at least three years.
(3)
A person that forces another to intercourse with a serious threat that he shall
disclose something about this person or about another close to this person,
that would harm his honor and reputation, or which would cause some other big
evil, shall be punished with imprisonment of six months to five years.
(4)
The person who in the cases from items 1, 2 and 3 commits only some other
sexual act, shall be punished for the crime from item 1 - with imprisonment of
six months to five years, for the crime from item 2 – with imprisonment of one
to ten years, and for the crime from item 3 – with imprisonment of three months
to three years.
(5)
If the crime from items 1, 3 and 4 is committed against a person with whom the
offender lives in marital or permanent extra-marital community, the prosecution
is undertaken upon private suit.
Statutory
rape of a helpless person
Article
187
(1)
A person, who commits statutory rape over another, misusing the mental illness,
mental disorder, helplessness, retarded mental development, or some other state
because of which this person is unable to resist, shall be punished with
imprisonment of three months to five years.
(2)
If because of the crime from item 1 a severe body injury, death or some other
severe consequence was caused, or if the crime was perpetrated by several
persons in an especially cruel or degrading manner, the offender shall be punished
with imprisonment of at least three year.
(3)
The person who in the cases from items 1 and 2 commits only some other sexual
act, shall be punished for the crime from item 1 - with imprisonment of three
months to three years, and for the crime from item 2 – with imprisonment of one
to ten years.
(4)
If the crime from items 1 and 3 is committed upon a person with whom the
offender lives in a marital or permanent extra-marital community, the
prosecution is undertaken upon private suit.
Sexual
attack upon a child
Article
188
(1)
A person who commits statutory rape or some other sexual act upon a child shall
be punished with imprisonment of six months to five years.
(2)
For the rape of a child or for some other sexual act upon a child, by misusing
his mental illness, mental disorder, helplessness, retarded mental development
or some other state, because of which the child is incapable of resistance, the
offender shall be punished with imprisonment of at least three years.
(3)
If the crime from items 1 and 2 is committed by a teacher, educator, adoptive
parent, guardian, stepfather, doctor or some other person, by misusing his
position, he shall be punished with imprisonment of at least five years.
(4)
If because of the crimes from items 1 and 2 a severe body injury, death or some
other severe consequences were caused, or the crime was perpetrated by several
persons, or in an especially cruel and degrading manner, the offender shall be
punished with imprisonment of at least five years.
Statutory
rape with misuse of position
Article
189
(1)
A person who by misusing his position induces another, who is subordinated or
dependent in relation to him, to intercourse or to some other sexual, act shall
be punished with imprisonment of three months to three years.
(2)
A teacher, educator, adoptive parent, guardian, stepfather, doctor or some
other person who by misusing his position commits statutory rape or some other
sexual act upon a juvenile older than fourteen years of age, who was entrusted
to him for study, education, custody or care, shall be punished with
imprisonment of one to five years.
Satisfying
sexual passions
in front
of another
Article
190
(1)
A person who performs a sexual act in front of another, in a public place,
shall be punished with a fine, or with imprisonment of up to one year.
(2)
A person who performs a sexual act in front of a child, or who induces a child
to perform such an act in front of him or in front of another, shall be
punished with a fine, or with imprisonment of up to three years.
Mediation
in conducting prostitution
Article
191
(1)
A person who recruits, instigates, stimulates or entices another to
prostitution, or a person who in any kind of way participates in handing over
another to someone for performing prostitution, shall be punished with
imprisonment of six months to five years.
(2)
A person who because of profit enables another to use sexual services shall be
punished with a fine, or with imprisonment of up to one year.
(3)
A person who because of profit, by using force or by serious threat to use
force, forces or by deceit induces another to give sexual services, shall be
punished with imprisonment of six months to five years.
(4)
If the crime from items 1, 2 and 3 is committed with a juvenile, the offender
shall be punished with imprisonment of six months to five years.
(5)
If the crime from items 1, 2 and 3 is committed with a child, the offender
shall be punished with imprisonment of one to five years.
(6)
A person who organizes the crimes from items 1 to 5 shall be punished with
imprisonment of one to ten years.
Procuring
and enabling sexual acts
Article
192
(1)
A person who procures a juvenile to sexual acts shall be punished with
imprisonment of three months to five years.
(2)
A person who enables the performing of sexual acts with a juvenile shall be
punished with imprisonment of three months to three years.
Showing
pornographic materials to a child
Article
193
(1)
A person who sells, shows or by public presentation in some other way makes
available pictures, audio-visual or other objects with a pornographic content
to a child, or shows him a pornographic performance, shall be punished with a
fine, or with imprisonment of up to one year.
(2)
If the crime was performed through the public media, the offender shall be
punished with a fine, or with imprisonment of up to three years.
(3)
The punishment from item 2 shall be applied to a person who abuses a juvenile
in the production of audio-visual pictures or other objects with a pornographic
content or for pornographic presentations.
(4)
The objects from items 1, 2 and 3 shall be confiscated.
Incest
Article
194
(1)
A person who commits statutory rape upon a blood relation of the first line or
with a brother, respectively sister, shall be punished with a fine, or with
imprisonment of up to one year.
(2)
A blood relation in the first line or a brother, respectively sister, who
commits statutory rape or some other sexual act upon a child, shall be punished
with imprisonment of at least three years.
Bigamy
Article
195
(1)
A person who marries even though he is already married shall be punished with
imprisonment of three months to three years.
(2)
The punishment from item 1 shall apply also to the person that marries a person
for whom he knows is already married.
Enabling a
marriage that is not allowed
Article
196
An official person who, when performing his official duty, enables a marriage
even though he knew of legal obstacles because of which the marriage is
prohibited or non-valid, shall be punished with a fine, or with imprisonment of
up to three years.
Extra-marital
life with a juvenile
Article
197
(1)
An adult who lives in an extra-marital community with a juvenile who has
reached the age of fourteen years, but not the age of sixteen, shall be
punished with imprisonment of three months to three years.
(2)
The punishment from item 1 shall apply also to a parent, adoptive parent, or
guardian, who allows a juvenile who has reached the age of fourteen but not yet
sixteen years, to live in an extra-marital community with another, or who
induces him to this.
(3)
If the crime from item 2 is committed from self-interest, the offender shall be
punished with imprisonment of one to five years.
Taking away
a juvenile
Article
198
(1)
A person who unlawfully takes away a juvenile from a parent, adoptive parent,
guardian, from an institution or person to which the juvenile was entrusted, or
who hinders the juvenile from being with the person who has a right to this, or
who makes it impossible to execute a decision for assigning the juvenile that
has come into effect, shall be punished with a fine, or with imprisonment of up
to one year.
(2)
If the crime from item 1 was committed from self-interest, or for some other
low motives, or by using force, threat or deceit, or if because of this the
health, upbringing, sustenance or education of the juvenile is threatened, the
offender shall be punished with imprisonment of three moths to three years.
(3)
When pronouncing a conditional sentence, the court may order the offender to
return the juvenile or to make possible the execution of the decision for
assigning the juvenile that has come into effect.
(4)
If the perpetrator of a crime from item 1 returns the juvenile of own volition,
or if he enables the execution of a decision that has come into effect, he may
be acquitted from punishment.
Change of
family situation
Article
199
(1)
A person who by planting, substituting or in some other way changes the family
situation of a child, shall be punished with imprisonment of three months to
three years.
(2)
The attempt is punishable.
Deserting
a helpless child
Article
200
A parent, adoptive parent, guardian or any other person entrusted with a
helpless child, who deserts it, with the intention of permanently getting rid
of it, shall be punished with imprisonment of three months to three years.
Neglecting
and mistreating a juvenile
Article
201
(1)
A parent, adoptive parent, guardian or some other person who by crudely
neglecting his duty of caring and upbringing neglects a juvenile or mistreats
him, shall be punished with imprisonment of three months to three years.
(2)
The punishment from item 1 shall apply also to a parent, adoptive parent,
guardian or some other person who forces a juvenile to work which does not
correspond to his age and physical force, or from self-interest induces him to
begging or to performing other activities which are damaging to his
development.
(3)
If because of the crimes from items 1 and 2 a serious body injury or a severe
damage to the health of the juvenile was caused, or the juvenile started with
begging, prostitution, or other forms of asocial behavior, the offender shall
be punished with imprisonment of three months to five years.
Not paying
sustenance
Article
202
(1)
A person who, even though he can do so, avoids providing sustenance which was
determined based on a court decision come into effect or a settlement, shall be
punished with a fine, or with imprisonment of up to one year.
(2)
When pronouncing a conditional sentence, the court may order the offender to
pay out the matured obligations, and to pay regularly the sustenance in the
future.
Violation
of family obligations
Article
203
(1)
A person who by serious violation of his lawful family obligations, leaves a
member of the family in a serious situation, one who cannot take care for
himself, shall be punished with imprisonment of three months to three years.
(2)
If because of the crime from item 1, the member of the family looses his life,
or if his health is seriously damaged, the offender shall be punished with
imprisonment of one to five years.
(3)
When pronouncing a conditional sentence, the court may order the condemned to
orderly fulfill his legal obligations.
Serving
alcoholic drinks to juveniles
Article
204
(1)
A person, who serves a juvenile in catering premises or in some other shop or
place where alcoholic drinks are served and sold, shall be punished with a
fine, or with imprisonment of up to six months.
(2)
If the crime from item 1 is committed against a drunken juvenile, the offender
shall be punished with a fine, or with imprisonment of up to one year.
Transmitting
an infectious disease
Article
205
(1)
A person who by violating regulations or orders with which a responsible agency
determines check-ups, disinfection, separation of the diseased, or some other
measures for wiping out or preventing infectious diseases among people, or by
employment or by keeping a person with an infectious disease, by performing a
sexual activity or in some other way, causes a transmission of an infectious
disease, shall be punished with a fine, or with imprisonment of up to three
years.
(2)
The punishment from item 1 shall also apply for a person who does not act
according to the regulations or orders from the previous item, in regard to the
wiping out or prevention of infectious diseases among animals, which could be
transmitted to people and herewith cause a transmission of an infectious
disease.
(3)
If an incurable infectious disease was transmitted as a consequence of the
crime from item 1, the offender shall be punished with imprisonment of one to
ten years.
(4)
A person who commits the crime from items 1 and 2 from negligence shall be
punished with a fine, or with imprisonment of up to six months.
Not
reacting to health regulations
during an
epidemic
Article
206
A person who, during an epidemic of a dangerous infectious disease does not act
according to the regulations and orders with which measures are determined for
it to be wiped out or prevented, shall be punished with a fine, or with
imprisonment of up to one year.
Unscrupulous
treatment of the diseased
Article
207
(1)
A doctor who, when providing doctor's assistance, applies a clearly inadequate
means or manner of treatment, or does not apply proper hygienic measures, or in
general, acts unscrupulously and herewith causes deterioration in the health
situation of another, shall be punished with a fine, or with imprisonment of up
to three years.
(2)
The punishment from item 1 shall apply also for a midwife or some other health
worker who, when providing medical assistance or care, behaves unscrupulously
and herewith causes deterioration of the health situation of another.
(3)
If the crime from item 1 was committed out of negligence, the offender shall be
punished with a fine, or with imprisonment of up to one year.
Not
providing medical assistance
Article
208
(1)
A doctor or some other health worker who in contrary to his duty does not
provide immediate medical assistance to another who is in life danger, shall be
punished with a fine, or with imprisonment of up to one year.
(2)
If because of the crime from item 1 the person to whom medical assistance was
not provided dies, the offender shall be punished with imprisonment of six
months to five years.
Quackery
Article
209
A person, who without the prescribed qualification deals in treatment or in
providing medical assistance, shall be punished with imprisonment of up to one
year, and with a fine.
Unallowed
transplantation of
parts of
the human body
Article
210
(1)
A person who takes a part from the body of another for the purpose of
transplantation, or who transplants a part of the body even though the taking
or the transplantation is contrary to the medical profession or science, shall
be punished with imprisonment of three months to five years.
(2)
The punishment from item 1 shall apply also to a person who, with the intention
of transplantation, takes a part of the human body intended for transplantation
before death was determined in a prescribed manner.
(3)
A person who takes a part of the body of another or who transplants a part of
the body, without consent from the donor or the recipient, or of their legal
representative when the donor or the recipient was not in state to give such
consent, shall be punished with a fine, or with imprisonment of up to three
years.
(4)
The punishment from item 3 shall apply also to a person who in contrary to the
law, for a compensation, sells or mediates in the giving of parts of the body
of live or deceased persons for the purpose of transplantation.
Unscrupulous
performing of
a
pharmaceutical activity
Article
211
(1)
A pharmacist or some other person, who is authorized to prepare or give out
medicaments, and who prepares a medicament in contrary to the regulations for
his profession or who gives out a wrong medicament, thus endangering the life
or health of another, shall be punished with a fine, or with imprisonment of up
to one year.
(2)
If the crime from item 1 was committed out of negligence, the offender shall be
punished with a fine, or with imprisonment of up to six months.
(3)
The medicaments that were prepared shall be confiscated.
Production
and release for trade
of harmful
medical products
Article
212
(1)
A person who produces, sells, or in some other way releases for trade
medicaments or other means for treatment which are harmful to the health, shall
be punished with a fine, or with imprisonment of up to three years.
(2)
If the crime was committed out of negligence, the
offender shall be punished with a fine, or with imprisonment of
up to one year.
(3)
The products and the production means shall be confiscated.
Production
and release for trade
of harmful
food and other products
(1)
A person who produces for selling, sells or in some other way releases for
trade harmful food products, or drinks, or products for personal hygiene, care
or other harmful products, thus creating danger to life and health of the
people, shall be punished with imprisonment of three months to three years.
(2)
If the crime from item 1 was committed out of negligence, the offender shall be
punished with a fine or with imprisonment of up to six months.
(3)
The harmful food and other products shall be confiscated.
Unscrupulous
inspection
of meat
for consumption
Article
214
(1)
A veterinarian or some other authorized veterinary worker who performs
unscrupulously the inspection of cattle intended for slaughter or of meat
intended for consumption, or contrary to the regulations, does not perform this
inspection, thus enabling the release for trade of meat that is harmful to the
health of people, shall be punished with a fine, or with imprisonment of up to
one year.
(2)
If the crime from item 1 was committed out of negligence, the offender shall be
punished with a fine, or with imprisonment of up to six months.
(3)
The meat shall be confiscated.
Unauthorized
production and release
for trade
of narcotics, psychotropic
substances
and precursors
Article
215
(1)
A person who without authorization produces, processes, sells or offers for
sale, or who for the purpose of selling, buys, keeps or transports, or mediates
in the selling or buying, or in some other way releases for trade, without
authorization, narcotics, psychotropic substances and precursors, shall be
punished with imprisonment of one to ten years.