LAW ON MISDEMEANOR

 

 

General provisions

 

Article 1

 

This law shall regulate the conditions for the misdemeanors liability, rendering and enforcement of the misdemeanor decision and sanctions and the misdemeanor procedure.

.

Implementation of the regulations of the Criminal Code and the Law on Criminal Procedure

 

Article 2

 

1.   For the misdemeanors responsibility, the announcing and the determination the misdemeanor sanctions, the provisions of the General part of the Criminal Code shall apply, unless this Law prescribes otherwise.

2.   For the misdemeanor procedure, the provisions of the Law on Criminal procedure shall apply, unless this Law prescribes otherwise.

 

Part 1

 

SUBSTANTIVE PROVISIONS

 

Chapter 1

 

General provisions

 

Legality in determination the misdemeanors and in prescribing the misdemeanor sanctions

 

Article 3

 

Nobody shall be punished for misdemeanor for an  act which, before it was done , has not been determined by a law as a misdemeanor and for which a sanction has not been prescribed by  a law.

 

Misdemeanor sanctions

 

Article 4

 

Misdemeanor sanctions are the following: fine, misdemeanor warning , security measures and educational measures.

 

Head 2

 

MISDEMEANOR AND MISDEMEANOR LIABILITY

 

 

Article 5

 

The misdemeanor is an unlawful act determined by law with attributes are determined by Law.

 

Liability for misdemeanor

 

Article 6

 

1.   For a misdemeanor a natural and a legal person shall be liable,

2.   A misdemeanor procedure shall not be conducted nor  a penalty for misdemeanor will be prescribed against persons who have diplomatic immunity.

 

Liability  of a natural person

 

Article 7

 

1.   A natural person shall be liable for negligence, if the law does is not determines that s/he shall be punished only if s/he committed the misdemeanor intentionally.

2.   A responsible person in the legal person, shall be punished for misdemeanor when  the misdemeanor was committed by that person's activity or by his/her non performance of the supervision.

 

Liability of a legal person

 

Article 8

 

1.   The legal person shall be responsible for misdemeanor only if it is separately determined by the law  in  which the misdemeanor is proscribed.

2.   The legal person is responsible for a misdemeanor if it  has been  committed by an action or by not performing a supervision  from authorized official or from the responsible person within the legal person or  with an action or missing of performance of an act from another  person who has been authorized to managed  in the name of the  legal person.

 

                                        Responsibility of foreign legal person

 

Article 9

 

A foreign legal person shall be punished for misdemeanor if the misdemeanor is committed on the territory of the Republic of Macedonia and if he has his own representative office or another firm in the Republic of Macedonia.

 

Punishment for an attempt

 

 

Article 10

An attempt for committing a misdemeanor shall be punishable only when that  is determined by law.

 

Head 3

 

1.MISDEMEANOR SANCTIONS

 

1.Penalties

 

Types  of penalties

 

 

Article 11

1.   For a misdemeanor committed by a physical person, a fine and a penalty of imprisonment shall be prescribed.

2.   For a misdemeanor committed by a legal person, a fine shall  be prescribed .

3.   The penalty of imprisonment shall be prescribed as a main penalty.

4.   The fine shall be prescribed  as a main and as a second penalty.

5.   If for the misdemeanor besides the imprisonment a fine is also prescribed , the fine shall  be prescribed as a second penalty.

6.   The fine shall  be prescribed as a second penalty even if when it is not prescribed for that misdemeanor, if the misdemeanor was committed in self-interest.

 

Imprisonment

 

Article 12

1.   The penalty of imprisonment shall not be prescribed to for less than five days nor longer than ninety days.

2.   The penalty of imprisonment is proscribed only in full days.

3.   The penalty of imprisonment can not be proscribed to a pregnant woman after she has fulfilled `three months of pregnancy nor to a mother until her child is one years old, and if the child is born dead-until three months expire after the delivery.

 

Fine penalty

 

Article 13

(1) A fine  for a physical person can not be proscribed in an amount less than 1.000 denars, nor bigger than 50.000 denars

(2) A fine  for a legal person can not be prescribed in an amount smaller than 10.000 denars, nor bigger than 300.000 denars

1.   For misdemeanors committed in self-interest, or for misdemeanors committed with a big property damage, a fine can be proscribed not bigger than the double amount of the fine set forth  in paragraph 1 or in proportion with the height of the damage that has been done or the supplied interest, but not more than ten times bigger.

 

1.   With the Law on misdemeanors for a police penalty a fine penalty can be proscribed in an amount which:

II.  for physical persons can not be bigger than 10.000 denars,

III. for legal persons can not be bigger than 100.000 denars.

 

 

Deadline for paying the fine

 

Article 14

1.    In the decision for the misdemeanor, the deadline for paying the fine shall be determined and can not be smaller than 15 days nor longer than 30 days from the day when the decision became final.

(2) In  exceptional cases, the court, that has rendered that decision in a first instance for misdemeanor, can allow the fine  be paid in installments. In that case, the Court shall determine the way of paying the money and the deadline which can not be longer than six months.

 

 

 

Substitution of a fine

 

Article 15

 

1.    If the punished natural person, in determined deadline, does not pay the fine, the Court shall replace the fine with a penalty of imprisonment counting every 1.000 denars as a day in prison,  so the imprisonment shall not last more than 60 days.

2.    If the punished natural person, punished with a fine of  more than 2.000 denars , pays only a part of the fine the rest of it will be replaced with imprisonment.

3.    The imprisonment, with which the fine penalty has been replaced, will be terminated if the

punished person pays the rest of the fine penalty after reckoning the part of the fine which has been replaced with imprisonment.

1.    If, besides the fine  an  imprisonment has been prescribed , the imprisonment with which the fine  is replaced and the prescribed penalty of imprisonment can not last more than 90 days.

 

Enforced payment of the fine

 

Article 16

 

If the punished legal person does not pay the fine in the determined deadline ,the payment will be enforced, according to the Law.

2.Reckoning the penalty

 

Cumulation of misdemeanors

 

Article 17

If the person who has committed a misdemeanor with one or with more actions has committed more misdemeanors after which a verdict has not been reached and the case is in front of the same Court, first all the penalties for the misdemeanors will be fortified and then announced, and if the penalties are of a same kind, only one will be announced as a sum of all the others. The sum of all the penalties of imprisonment can not last more than 90 days, and the sum of all the fine penalties can not be bigger than the biggest one proscribed by this Law.

 

Prolonged misdemeanor

 

Article 18

1.    To the person who has committed misdemeanor, by using the same relationship, same occasions or other circumstances, with a premeditation, will commit two or more time-connected actions which are of a same kind, the Court shall prescribe only one penalty within the limits of the penalty prescribed for that type of a misdemeanor.

2.    To the person who has committed misdemeanor, who under the conditions from paragraph 1, will commit two or more

time-connected actions of a same kind, the Court shall prescribe a penalty within the limits for the most aggravated type of misdemeanor.

 

 

                                  Softening of the penalty

 

                                                 Article 19

The Court shall prescribe,to the convict for the misdemeanor, a penalty under the limit determined for that misdemeanor or shall use an easier penalty:

1.   If the Law allows to punish the convict with an easier penalty.

2.   If, while reckoning the penalty, it is fortified that the misdemeanor is not of a very difficult nature or that with it difficult damages have been done, and there are mitigating circumstances which refer to the fact that even with a less difficult penalty the aim of the punishing will be accomplished.

Limits of softening the penalty

Article 20

When there are conditions for softening the penalty from article 19, the Court can soften  the proscribed penalty on one of the following ways:

1.A penalty shall be prescribed according to the  smallest penalty, which is prescribed for that misdemeanor , but not under the smallest  measure of that type of penalty

2.Instead of the prescribed  imprisonment a fine shall be proscribed and

3.Instead of the cumulatively prescribed penalty of imprisonment and the fine penalty, only one of the penalties shall  be prescribed.

Computing the detention

Article 21

 

1.   If the person who committed misdemeanor, on whichever ground, is arrested in connection with the misdemeanor, the time spent in detention shall be counted in the penalty.

2.   The arresting which lasted longer then 12 , and less than 24 hours is counting in one day in prison i.e ..1.000 denars per day and when the fine is prescribed for one day in prison a 1.000 denars are counted.

Police penalty

Article 22

1.   If the person who has committed a misdemeanor is caught by an official person while committing a misdemeanor, for which a fine in a determined amount is prescribed, shall pay the fine on the same place on his agreement.

2.   If the person who has committed a misdemeanor, does not willfully pay the police penalty from paragraph 1 on the same place or within the period of time which can not be longer than 8 days, The Court shall punish him on a request from an authorized official with a fine penalty, which can not be smaller than the penalty which is proscribed for that misdemeanor, nor bigger than the triple amount of  the proscribed penalty , but not more than the maximum of the fine penalty proscribed with this law.

3.   In case of a cumulation of misdemeanors, the person who has committed the misdemeanor can not be punished with the police penalty.

      

II Misdemeanor's warning

Conditions for reaching

Article 23

1.   The misdemeanor's warning can be reached instead of a penalty, if the misdemeanor has been done under that aggravating circumstances, which make it easier, and it can be expected that the goal of the punishment will be accomplished with reaching the misdemeanor warning.

2.   The misdemeanor's warning can be reached even with the misdemeanor a prescribed obligation has not been fulfilled*respected or with it a damage has been done and the person who has committed that misdemeanor, has fulfilled the proscribed obligation i.e. has cleaned or made up the damage.

III Security measures

Kinds of Security measures

Article 24

 

1.   Under the conditions prescribed by the Criminal Code and by this Law for a misdemeanor, the following security measures can be reached:

1.Obligational medical treatment for alcoholics and drug abusers

2.Prohibition from conducting a profession, activity or duty

3.Prohibition from driving vehicle

4.Taking away certain objects and

5.Expulsion of foreigners of the country

(2) To a legal person a securities measure - prohibition for conducting a certain activity may be prescribed.

 

Reaching the security measure

Article 25

 

1.    The security measures from article 24 except for confiscation of certain things, shall be prescribed when a penalty has been given to the person who has committed a misdemeanor.

2.    The security measure of compulsory medical treatment for alcoholics and drug abusers can last more than a year. The lasting of the measure counts from the day of the enforcement of the verdict for the misdemeanor. The time spent in a health or other special institution is shall be calculated in the penalty.

3.    The security measure/prohibition from conducting a profession, activity or duty, shall be prescribed in duration from three months to one year. The duration of the measure starts from the day of the enforceability of the verdict for the misdemeanor. The time spent in jail shall not be calculated in the penalty.

4.    The security measure/prohibition from driving an engine vehicle can be reached in duration from three months to one year. If it is not otherwise determined by Law with which this misdemeanor is proscribed, the duration of the measure counts from the day  when the verdict for the misdemeanor became final. The time spent in jail shall not be calculated in the prescribed penalty.

5.    The security measure for confiscation of certain things shall be prescribed even when the person who committed the misdemeanor has been given a misdemeanor's warning.

6.    The security measure/expulsion of a foreigner of the country shall be prescribed in duration of six months to two years. The duration of the measure counts from the day when the penalty for misdemeanor became final. The time spent in jail shall not be calculated in the reached penalty.

Prohibition from conducting a certain activity to a legal person

Article 26

 

1.    In the verdict with which the measure -prohibition from conducting a certain activity has been given to the legal person,  the kind of activity that the legal person is prohibited from doing shall always be spe