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 specified.
2. The measure/prohibition from conducting a certain activity to a legal
person, shall be prescribed if there is a danger that by conducting that
activity the legal person might commit a misdemeanor again, which will be
dangerous for the life or health of the people or a misdemeanor which may cause
a serious property damage to another citizen, or if the legal person has been
punished in the last two years for committing the same or similar misdemeanor.
3. With the Law with which the misdemeanor is prescribed, may also allow
for compulsory measure prohibition from
conducting a certain activity.
4. The Court determines the lasting of the measure from a paragraph 1
which can not be less than six months nor more than five years, counting from
day of enforcement of the verdict.
Head 4
Special provisions for the liability and for punishing
the minors
Article 27
Against a minor who in the time of the
committing of the misdemeanor did not reach age of 14 (child) misdemeanor's sanction can not be implement.
Responsibility of the parent or guardian for
the misdemeanor committed by the minor
Article 28
The parent or guardian of the minor who
committed a misdemeanor, can be punished by Law if the committing of the
misdemeanor was caused by his omitting the duty to take care of the minor.
Reaching
misdemeanor sanction against the minor
Article 29
1. To a minor, who in the time of committing of the misdemeanor had
more than14 and less than 16 years of age (younger minor), only educational
measure shall be prescribed.
2. To a minor, who in the time of committing the misdemeanor had more than
16 and less than 18 years of age (older minor) an educational measure can be
reached and in an exceptional cases a fine
or an imprisonment may be
prescribed.
3. To a minor, under the conditions proscribed by Law, together with the education measure or a penalty, a
security measures can be added.
Article 30
1. To a minor, the following educational measure proscribed in the
Criminal Code can be prescribed:
/ discipline measure/admonition
/measures of a stronger supervision: from the parent, step-parents or
Guardian or from a social institution
1. The educational measure of a stronger supervision can be
prescribed lasting less than 30 days nor longer than 1 year.
Punishing
minors
Article 31
1. To an older minor a fine penalty or a penalty of an imprisonment
shall be proscribed if the kind and
difficulty of the misdemeanor and the high level of responsibility refer to the
fact that only on this way the goal of the punishment can be reached.
2. The penalty of an imprisonment to an older minor can be reached in
lasting less than 15 days.
3. If the fine penalty is replaced by the imprisonment can not be longer
than 15 days
Usage of the
security measure
Article 32
To a minor to whom an educational measure has been prescribed or a
penalty for a misdemeanor, the following security measures can be prescribed:
1. Compulsory medical treatment for alcoholics and drug addict
2. Confiscation of certain objects
3. Expulsion of a foreigner of the country.
Head 5
Penalty record
Keeping a penalty record
Article 33
(1) A penalty record is kept only for the prescribed securities
measures which contains a prohibition.
(2) The penalty record is taken by the first instance court according
to the place where the person who has committed a misdemeanor, has been born or
the residence of the legal person.
1. The court gives information from the penalty record only on
special requests from other state official, legal or natural persons, if the
measures of prohibition are still in force.
2. After the time for the prescribed measures expired, they are deleted
from the penalty record.
Head 6
STATUE OF LIMITATIONS
Statue of limitations of
commencement and conducting the misdemeanor's procedure
Article 34
1. The misdemeanor's procedure can not be commenced nor conducted if
a year expires from the day when the misdemeanor has been committed.
2. The obsoleteness of the misdemeanor=s prosecution starts from the day when the misdemeanor was committed.
3. The obsoleteness does not run for the time for which according to the
law , the prosecution can not start and can not continue.
4. The obsoleteness is ceased with every activity which is taken because of prosecution of the person who has
committed the misdemeanor.
5. The obsoleteness is ceased also when the person who has committed the
misdemeanor in the time, while term of the obsoleteness is running , will
commit another difficult or more difficult misdemeanor
6. After every cessation the
obsoleteness starts to run again.
Article 34
7. The misdemeanor prosecution always expires when the time set forth
in statute of limitations prescribed for obssolation of the prosecution had
expired two times.
8. (8) By some Law setting forth some types of misdemeanor longer
statute of limitations may be prescribed than the one set forth in paragraph 1
of this Law, but no longer then 5 years.
B.
Article 36
1. A person discharging official duties for which s/he is authorized
by Law or other regulations passed on the bases of Law;
Expiration
of the enforcement of the penalties and securities measures
Article 35
1. The sentenced penalty and the security measures can not be
enforced, if from the day when the sentence for the misdemeanor became final
one year has passed.
2. The expiration of enforcement of
the penalty and the security
measure starts to count from the day ,
when the sentence for the misdemeanor became final.
3. The expiration does not run while the enforcement can not be undertaken
by law.
4. The expiration is ceased with every activity of the authorized
official , which is taken , because of the enforcement of the penalty or
another misdemeanor's sanction.
5. After every cease the expiration
continues to run.
6. Expiration of the penalty and security measure becomes in every case,
when two time of the period passed.
Head 7
MEANING OF THE TERMS IN
THIS LAW
Article 36
******* Part two
Misdemeanor's procedure
Basic provisions
Competence for
prescribing the misdemeanor's sanction
Article 37
The misdemeanor's sanction for a
misdemeanor can be prescribed only
by an authorized Court in a procedure which has been commenced according to this law.
Implementing the
provisions from The Law of criminal procedure
Application of the
provisions of the Law on Criminal procedure
Article 38
If the provisions of this
Law do not provide otherwise, in the misdemeanor procedure the following
provisions of the Law on Criminal procedure shall apply: General principles,
for jurisdiction loci, consequences from incompetence of the Court to decide
and collisions, for non-participation of the judge or expert witness, for
plaintiff, for accused, writs, minutes, statute of limitations, restitution in
integrum, expenses, damages, render and announcement of the decisions, service,
summoning, detention, bail and confiscation of passport of a foreigner, witness
hearing, expert witness, investigation on the spot of the crime, regular and
irregular legal remedies and such of premises and persons.
BASIC PROVISIONS
Jurisdiction loci
Article 39
1. The misdemeanor's procedure in
first instance shall be conducted by the trial court and in second
instance by the Appellate court.
2. In the misdemeanor's procedure the single judge renders the decisions
and in second instance a counsel of three judges makes decisions.
Head Ten
ACCUSED AND
HIS RIGHT OF DEFENSE
Accused
Article 40
1. Accused is a natural or a legal person against whom a
misdemeanor's procedure is conducted.
2. If for a misdemeanor a legal person is accused and a responsible person
within the legal person one procedure is conducted.
Representing a legal person
Article 41
1. For the accused legal person his representative takes part in the
misdemeanor's procedure and he is authorized to take over all the actions, that
the accused can undertaker.
2. A representative of accused legal person is a person who is authorized to represent the legal
according to a law , or another regulation of the authorized state
official, statue or another general act of a legal person.
3. The authorized official to the accused legal person can for a
representative determine another person from its members or another employees within the legal person or in the service which performs common
activities.
4. The representative of the accused legal person from paragraph 3 of this
article has to have a power in written from the authorized official which has
determined him for a representative.
5. Representative of the accused legal person can be only one person.
Representing foreign legal person
Article 42
The foreign legal person is represented by the head of the
representative office or another person authorized from the foreign legal
person.
Limitations of
the representation
Article 43
1. The proxy of the accused legal person shall not be the responsible
person of the legal person against which the misdemeanor procedure is conducted
for commitment of the same misdemeanor,
2. The proxy of the accused legal person shall not be the witness in
the trial,
3. In cases set forth in paragraphs 1 and 2 of this Article, the
Court shall notify the accused that it will have to appoint another proxy.
4. For foreign accused legal person notification set forth in
paragraph 3 of this law shall be served to the representative office of that
legal person.
Representing many accused legal persons
Article 44
Many accused legal persons can have for a representative the same
person, only if it is not in contrary with the interests of their defense.
Determination a representative by the Court
Article 45
1.If the responsible person
can not be the proxy of the legal person because of the reasons set forth in
Article 43, but there is no other responsible person , the Court shall appoint
ex-officio councilor from registered lawyers.
Article 46
1. The damaged person himself or through his/her proxy or
representative shall have the right to :
2. File a request for commencement of the misdemeanor procedure,
3. Submit evidences, suggestions and request damages for damage
compensation or restitution of things,
4. To appeal the judgment rendered on his/her request for
commencement of the misdemeanor procedure or relating to the decision of the
expenses of the procedure,
5. To give up the request for commencement of the misdemeanor
procedure and in that case s/he shall have no right to put the accused in
double jeopardy.
Head Ten
THE DAMAGED AND HIS REPRESENTING
Damaged
Article 46
1. Damaged within the meaning of this Law is a person whose right is
infringed or endangered by misdemeanor.
2. The damaged by himself or by his legal representative, or by an
authorized person shall have the right to:
1 submit a request for
commencing a misdemeanor's procedure
2 submit evidences , submit proposals and request damages and delivery of
already taken things.
3 Lodge an appeal on the decision which has been reached, on his request
for commencing the misdemeanor's procedure, or after the decision for the costs
of the procedure.
4 Give up request for conducting the misdemeanor's procedure until
rendering the decision for the misdemeanor and in that case shall not have the
right to submit a request for prosecution.
Head 11
SERVING A SUMMON TO A LEGAL PERSON
Serving a summon to a legal person
Article 47
1. To state official the decisions and the other summons are
delivered with hand delivering in the in/take office.
2. The delivering of the legal persons is conducted by hand delivering the summon to the person authorized for taking the summons or to
the employee who was present in the
office.
(3) When a decision is
served for which from the day of its serving the statue of limitations starts
to expire, the in-take in the archives of the body or the person set forth in
paragraph 2 of this Article shall be considered as a day of serving.
Head 12
COMMENCING A MISDEMEANOR'S PROCEDURE
Submitter of the
request
Article
48
3. The misdemeanor's procedure is commenced on a request from the authorized official and the damaged
person( in the following text :
submitter of a request).
4. Authorized officials , within the meaning of paragraph 1 from this
article are: the administrative officials , the Public prosecutor, the self
government units and other officials and organizations which are publicly
authorized, in charge with enforcement
or supervision of the application of the regulations which set forth misdemeanors.
5. In the case of the article 22 of this law (police penalty), the civil
servant who is legally authorized to ask for payment of the penalty on the same
place, shall submit a request for a misdemeanor's procedure , if the person who
has committed the misdemeanor does not pay the penalty on the same place, or if
he has committed misdemeanors in cumulation.
6. The authorized officials from the paragraphs 2 and 3 are obligated to
submit a request for commencing a
misdemeanor's procedure every time , when there are basis for commencing a procedure for misdemeanor.
7. The request for commencing a misdemeanor's procedure is submitted in
written .
8. The damaged may submit than oral request in the Minutes.
Contents of the
request
Article
49
1. The request for commencing
a misdemeanor's procedure shall contain:
2. basic information for the accused( name and surname, nick name( if
he has it) ,place and date of birth, residence, street and number, citizenship
and profession ), or name and residence of the accused legal person, and for the responsible person
within the legal person, his function
within the legal person.
3. The factual description of the
misdemeanor from which the legal attributes of the misdemeanor are
derived, time and place where the misdemeanor has been committed and other
circumstances needed for closer determination of the misdemeanor.
1. Legal qualification of the misdemeanor that should be applied;
2. Proposal for the evidences that should be examined; and
3. Signature of the submitted of the request.
4. When the request for commencement of the misdemeanor procedure is
filed by a person who suffered the damage, the request shall not contain a
legal qualification.
5. The plaintiff shall also have the right to submit a request for
compensation of the sustained damage together with the request for commencement
of the misdemeanor procedure.
6. The plaintiff shall submit evidences.
Uncompleted request
Article
50
1. When the request for commencement of the misdemeanor procedure
does not contain all the elements set forth in Article 49 of the said Law, the
Plaintiff shall be requested to complete his/her request within 15 days. When
the plaintiff does not completed his/her request components
(2) When the plaintiff does not complement his/her request within the
estimated period of time, it will be considered that s/he gives up from his/her
request and such request shall not be taken into consideration.
Rendering a decision upon a request
Article 51
When the Court competent for misdemeanors determines that all the
conditions for conducting misdemeanor procedure are in place, shall render a
decision for conducting the procedure.
Rejection of the request
Article 52
1) When the Court determines that the conditions for commencement of
the misdemeanor procedure are not meet it shall reject such request by its
decision.
2) The conditions for commencement of the misdemeanor procedure are not
meet in the following circumstances:
1. When the described act does not qualify for misdemeanor;
2. There are grounds on which the liability is excluded for misdemeanor
committed;
3. Due to lapse of time for commencement of the misdemeanor procedure;
4. The request was filed by unauthorized entity or person;
5. There are other legal reasons due to which the misdemeanor procedure
can not be commenced and;
6. The request was not accompanied by the evidences for the committed
misdemeanor.
3) The decision set forth in paragraph 1 shall be served to the
plaintiff and the person who sustained damages shall be notified that s/he can
claim damages in civil procedure.
4) The plaintiff shall have the right to lodge an appeal with the
Appellate Court against the decision set forth in paragraph 1 within 15 days.
Seville of the request
Article 53
1) The Court shall summon up the accused and service the request for
commencement of the misdemeanor procedure or notify him/her that s/he will have
to furnish a written defense.
2) If some right or obligation depends on the time when the misdemeanor
procedure was commenced, it shall be considered that the procedure was
commenced when the decision for commencement of the misdemeanor procedure was
rendered.
Chapter 13
INTERIM MEASURES FOR SECURING THE ATTENDANCE OF THE ACCUSED AND FOR
CONDUCT OF THE MISDEMEANOR PROCEDURE
Types of measures
Article 54
Interim measures which can be undertaken against the accused for
securing his/her attendance and for conducting the misdemeanor procedure shall
be the following: summoning up, detention, bail and temporary confiscation of
the passport of the foreign person.
Detention
Article 55
1) The Court shall have the right to keep the accused in detention for
five days if
1. the accused can not prove his/her identity or does not have
residence or can obstruct the trial if s/he travels abroad;
2. it qualifies for aggravating misdemeanor which is punishable with
imprisonment and
3. cough in flagrant when s/he was committing the misdemeanor.
2) The Court shall render a decision for detention if the plaintiff
files request for commencement of the misdemeanor procedure together with
explanation.
3) The accused shall have the right to lodge an appeal within 24 h with
the Appellate Court who shall render a decision for the application and shall
delivered it to the Trial Court within 48 hours counting from the moment of the
in-take of the file documents.
Bail
Article 56
1) When the misdemeanor procedure is conducted against the accused who
does not have permanent residence in the Republic of Macedonia and wants to
leave the country before the conclusion of the procedure, on his/her request
the Court shall have the right to ask for bail in order to secure fulfillment
of the conditions which can be foreseen in the decision for misdemeanor.
2) The Court shall have the right to ask the accused besides the bail
to appoint a proxy who, acting on his/her behalf, shall in-take documents and
represent him/her in the procedure relating to the property rights.
3) The bail shall always be calculated in money depending on the type
of the misdemeanor, foreseen prescribed penalty and damages sustained. The bail
shall consists of deposits of cash, securities or treasures.
Chapter 14
HEARING OF THE PROXY
Hearing of the proxy of a legal person
Article 57
1) When the misdemeanor procedure is conducted against a legal person,
a hearing of the proxy of the accused legal person shall be conducted.
2) When the hearing is held for the first time the Court shall firstly
establish his/her identity and examine whether s/he has the power to represent
the accused legal person. Than the following data for the legal person shall be
gathered: economic situation, whether it has been previously punished and the
number of the account in the Public Payments Office (ZPP).
3) Provisions for hearing of the accused shall be applied when
conducting hearing of the proxy of the legal person, accordingly.
Chapter 15
TEMPORARY CONFISCATION OF THINGS
The procedure for confiscation
Article 58
1) The things that shall be confiscated according to Article 24,
paragraph 1, item 4 of the said Law. They may be also temporary confiscated for
some time even before the judgment for misdemeanor is rendered.
2) Temporary confiscation of the things shall be ordered by a written
order of the Court in charge with the misdemeanor procedure. Copy of that order
shall be delivered to the person from whom the things were confiscated.
3) The same person shall receive a receipt with notification and
description of the confiscated things.
4) When the things can be easily spoiled or when the storage requires
huge expenses and the it can not be stored by other person on the expense of
the person from whom the things were confiscated, the Court in charged with
misdemeanor procedure shall put up that thing for sale and the money received
shall be deposited on the Court=s account.
Temporary confiscation performed by other bodies
Article 59
1) The Law may give authorization to the civil servants in the state
administration temporary to confiscate things set forth in Article 24,
paragraph 1, item 4 of the said Law, when in the course of performance of
official duties they will be informed about the misdemeanor and shall
immediately deliver the temporary confiscated things to the competent Court,
i.e., shall inform the Court for the temporary confiscation of things and shall
store them until the commencement of the misdemeanor procedure.
2) In case set forth in paragraph 1 the civil servants shall
immediately file a request for commencement of misdemeanor procedure or 8 days
from the day of confiscation of things the latest. If not they shall deliver
back the confiscated things.
Temporary delivery back of the things to the owner
Article 60
On the objection of interested person or ex officio, the Court in
charge with misdemeanor procedure shall deliver back the temporary confiscated
things to the owner.
Chapter 16
TEMPORARY INJUNCTION OF THE PERFORMANCE OF ACTIVITIES
Temporary injunction of other bodies
Article 61
1) Civil servants of the state administration authorized by Law, shall
have the right to issue temporary injunction of the activities and immediately
file a request for commencement of the misdemeanor procedure, 8 days the latest.
2) When the request is not filed within the period of time set forth in
paragraph 1 it shall be considered that the temporary injunction ceased.
Cessation of the temporary injunction issued by the Court
Article 62
The Court in charge with the misdemeanor procedure shall have the right
on the objections of the accused or ex officio to cease the temporary
injunction.
Chapter 17
COURSE OF THE PROCEDURE
Deposition
Article 63
1) The Court shall conduct deposition for the purposes of fact-finding.
2) The accused, his/her councilor, plaintiff, witnesses and expert
witnesses shall be summoned. When the accused or the plaintiff is a legal
person, his representative shall be summoned.
3) Any person who sustained damage shall be notified of the day, hour
and place of deposition, only when does not causes a delay.
Deposition in absence of the accused and the plaintiff
Article 64
1) The Court shall have the right to held a deposition in the absence
of the accused who was summoned, when the Court considers that his/her presence
is not necessary for the fact-finding. The same conditions shall apply for
deposition held in absence of the summoned representative of the accused legal
person.
2) The deposition shall be held in the absence of summoned councilor of
the accused.
3) The deposition shall be held in the absence of the plaintiff if s/he
was summoned and the Court considers necessary to render a decision for the
request.
Exclusion of the public
Article 65
1) Taking deposition is public.
2) The Court officio or on the proposal of the parties but always after
hearing them, shall have the right with decision to exclude public from the
complete procedure or from some part if that is necessary because of the
reasons of confidentiality, protection of the morality, the interest of minors
or protection of other special interests of the society.
3) When the accused is minor than the public shall be exclude from the
deposition.
4) The decision for exclusion of the public shall be rejected only by
application filed against the rendered decision for the misdemeanor.
Confidentiality
Article 66
1) Exclusion of the public shall not apply to the parties, damaged
person, their representatives and the councilor.
2) The Judge shall worn the persons attending the deposition from which
the public is excluded that they shall keep confidential all the facts given on
the deposition and worn them that in
contrary they will commit criminal offense.
Course of deposition
Article 67
1) The deposition starts with the announcement of the content of the
request, than the accused is examined. When the legal person and responsible
person of a legal person are accused, first the representative of the legal
person shall be heard and than the responsible person. After examination of the
accused, the witnesses and expert witnesses shall be heard and other evidences
shall be presented.
2) The plaintiff, accused and his councilor and the representative of
the legal person together with the damaged person shall have the right during
the deposition to submit evidences and give other proposals and after approval
of the Judge shall have the right to ask questions.
3) On the deposition the very last word shall always be given to the
accused, i.e., to the representative of the accused legal person.
4) When the Judge considers that the deposition should not be delayed
because of the complement of the procedure or clarification of some issues s/he
shall conclude the deposition and render a decision which shall be publicly
promulgated with brief reasoning.
5) Minutes containing the main elements shall always be prepared. The
Minutes shall be signed by the judge and the transcript.
Case when the accused committed misdemeanor or criminal offense
Article 68
1) If during the misdemeanor procedure the accused committed
misdemeanor, the Judge on the request of the plaintiff shall consolidate the
procedure for that misdemeanor.
2) When the plaintiff is not presented or not authorized to file a
request for commencement of the misdemeanor procedure relating to misdemeanor
set forth in paragraph 1 of this Article or the accused committed criminal
offense the Judge shall prepare minutes and inform authorized plaintiff or the
public prosecute. The same method shall be applied if some other party during
the misdemeanor procedure commits misdemeanor or criminal offense.
Cessation of the procedure
Article 69
1) The Judge shall cease the procedure with the decision in the
following cases:
1. If the domicile of the accused can not be established, if s/he is
fugitive or if from many other reason is not accessible to the police or it is
living abroad for indefinite period of time.
2. If the accused is temporary mentally ill or has nerve brake down,
3. If for the same act a criminal procedure is commenced until the
final judgment is reached and
4. When the procedure ceased on the ground of paragraph 1 item 3, it
shall continue when the criminal procedure is ceased because of some other
reasons, but there are still legal grounds for misdemeanor procedure.
2) Before the decision for cessation of the misdemeanor procedure is
rendered all the evidences for the misdemeanor and for the liability of the
accused shall be gathered.
3) The ceased procedure shall continue when the reasons for cessation
are overcome.
4) The plaintiff shall be informed for the cessation and continuance of
the procedure.
Chapter 18
RENDERING AND ANNOUNCEMENT OF DECISIONS
Types of decisions
Article 70
Decisions in the misdemeanor procedure shall be rendered in the form of
judgment, decisions or orders.
Rendering a decision
Article 71
1) The misdemeanor procedure shall be concluded when the judgment or
decision is rendered.
2) Judgment or decision shall apply only to the accused and only for
the misdemeanor which is subject of the request.
3). The Court shall not be bound with proposals and assessments
relating to the legal qualification of the misdemeanor.
4) The Judgment or decision shall be rendered on the bases of submitted
evidences and facts determined in the misdemeanor procedure.
Judgment
Article 72
1) The Judgment for misdemeanor shall stop the misdemeanor procedure or
the accused shall be found guilty and sentenced.
2) When the misdemeanor procedure is conducted for more misdemeanors
committed, the Judgment shall state for which misdemeanors the procedure is
stopped and for which the accused is found guilty and what is the penalty.
Judgment which stops the procedure
Article 73
1) The Judgment stopping the misdemeanor procedure shall be rendered in
the following cases:
1. If the act does not qualifies for misdemeanor.
2. If the accused did not commit misdemeanor.
3. If there are circumstances which are excluding the liability for
misdemeanor.
4. If the procedure is conducted without request from the authorized
body, i.e., from the damaged person (Article 48, paragraph 1).
5. If the procedure was conducted by unauthorized Court.
6. If the accused has already been punished for the same misdemeanor,
or the misdemeanor procedure was stopped for other reason then non-competence
of the Court.
7. If accused in the criminal procedure, i.e., or accused for
committing commercial offense is found guilty for the act which also qualifies
for misdemeanor.
8. If the accused has diplomatic immunity.
9. If the time lapsed for conducting the misdemeanor procedure.
10. If there are no evidences that the accused committed the
misdemeanor and
11. The plaintiff had gave up his/her request before the Judgment
became final.
2) The misdemeanor procedure shall be stopped in other cases determined
by the Law.
Decision to stop the procedure
Article 74
1) The procedure shall be ceased with the decision:
- in case of death of the accused
- in case of dissolution of the legal person
- when the Court establishes that the misdemeanor is committed in lucid
intervals
- when during the procedure the accused becomes permanently mentally
ill.
Chapter 19
LEGAL REMEDIES
Types of legal remedies
Article 75
1) An appeal against the Judgment and decision of the Court of first
instance shall be lodged with the Court of second instance.
2) Against the final Judgment the following irregular legal remedies
shall be applicable:
- request for opening up again the same misdemeanor procedure and
request for the protection of the legality.
Chapter 20
SPECIAL PROCEDURES
Misdemeanor procedure against minors
Application of the provisions of this chapter
Article 76
The provisions of this chapter shall be applied against minors and
other provisions of the misdemeanor procedure shall be applicable of said Law
only if they are not in a collision with the provisions of this chapter.
Competence
Article 77
1) The Court within whose area of jurisdiction the minor has domicile
or residence shall be competent for conducting misdemeanor procedure against
the minor.
2) The misdemeanor procedure against the minor is an urgent one.
Detachment of the misdemeanor procedure
Article 78
1) When the misdemeanor procedure is conducted against adults and
minors, the misdemeanor procedure against the minor shall be detached and
conducted in accordance with the provisions of this Law.
2) When because of the justified reasons it is not positive to detach
the procedure than the misdemeanor procedure against the minor shall be
conducted together with the adults in accordance with the provisions of the
said Law.
3) When a single misdemeanor procedure against the minor and adult is
conducted, Article 81 and 82 of the said Law, shall apply.
Summoning of the minor
Article 79
1) The minor shall be summoned via his parents, i.e., his guardian
unless that is not possible because of need urgently to proceed or for any
other important reasons.
2) If summoning of the minor is not done via his parents, i.e., his
guardian the Court shall inform the parent or guardian for the commencement of
the procedure.
Opinion obtained by the guardians body
Article 80
1) Opinion from the guardians body shall be obtained for the minor=s personality if the misdemeanor procedure is conducted against minor
for which imprisonment is prescribed.
2) The guardians body in his opinion shall state all the circumstances
important for rendering fair and legal decision and especially for the former
behavior of the minor and the family situation.
3) The guardians body as well as other institutions and organizations
which are requested to provide information, report and opinion shall urgently
proceed.
Obligation for testimony
Article 81
No one shall be liberated from the obligation to give a testimony for
the circumstances important as indicators for emotional development of the
minor and for his personality and living conditions.
Rights of the parent-guardian
Article 82
1) The parents, guardians and the guardians body shall have the right
to be informed about the misdemeanor procedure and in the course of the
procedure to give suggestions and proposals and submit evidences and facts
important to render correct decision.
2) In the performance of the activities relating to the minor in his
presence and especially during his examination the persons participating in the
misdemeanor procedure shall act carefully, taking into consideration the
emotional development, sensitivity and personality of the minor.
Cessation of the procedure
Article 83
1) The misdemeanor procedure shall be ceased with the decision when
during the misdemeanor procedure it is established that the minor in the time
of the commitment of misdemeanor still did not reached age of 14.
2) In case set forth in paragraph 1 of this Article, the Court shall
inform the parent, the guardian or the guardian body for the committed misdemeanor
and shall have the right to assess the need whether also to inform the school
or foster home in order them to undertake educational measures.
Authorization of the Court to decide upon the justification of the
procedure
Article 84
1) The Court after priory obtained opinion of the body for social care
shall have the right to decide not to conduct misdemeanor procedure against the
minor, if in the Court=s opinion that
is not justified when considering the nature of the misdemeanor, circumstances
of its commitment, prior life of the minor and his personality.
2) In case set forth in paragraph 1, the request shall be rejected with
the decision and its reasoning. For the committed misdemeanor the parents, the
guardian and the guardian body shall be informed.
Compulsory hearing
Article 85
1. During the misdemeanor procedure conducted against the minor, a
decision shall not be rendered without hearing him/her first.
2. The minor shall not pay the Court fees, nor shall pay for damages
in case of being admonished.
Decisions reached during the procedure
Article 86
1. A decision against the minor shall be reached which provides for
punishment or educational measure.
2. The Court shall cease the procedure in case the conditions set
forth in Articles 73 and 74 are meet.
Serving of the decision
Article 87
1. An oral decision shall be transcript and served to the minor
within 8 days from the moment that decision was announced.
2. Parents, guardians and guardian institutions shall be served with
a copy of the final decision for misdemeanor with which the minor is sentenced,
in order to undertake the educational measures.
Appeal
Article 88
1. Besides persons set forth in Article 351 from the Law on Criminal
Procedure a right to lodge an appeal shall have his/her guardian, brother,
sister or a person who takes care of him/her.
2. Person set forth in paragraph 1 of this Article shall have the
right to lodge an appeal against the will of the minor, when it is in minor=s favor.
B.
C.Irregular legal remedies
D.
Article 89
The following irregular legal remedies shall be available for the
misdemeanor procedure in favor of the minor: Request for opening -up the same
misdemeanor procedure and request for the protection of the legality.
Urgent procedure
Misdemeanors for which the urgent
procedure applies
Article 90
The urgent procedure shall be conducted if:
1. the request contains all the relevant facts and evidences which
constitutes sufficient ground for rendering a decision in absenti of the
parties;
2. the request for commencement of the misdemeanor procedure is based
on documents issued by competent state body; and
3. the accused is caught in flagranti, when s/he was committing the
misdemeanor.
Attributes of the Urgent procedure
Article 91
During the urgent procedure, the Court shall render the decision
without conducting hearing of the accused when s/he was summoned and did not
appear in the Court.
Permanent session of the court
Article 92
For the urgency of the procedure, the Court shall be in permanent
session for 24 hours.
Urgency of the procedure
Article 93
1. The court shall immediately commence a procedure after the in-take
of the request, within 3 days the latest.
2. When the accused is a foreigner, the Court shall render a decision
in the shortest possible period, no longer then 3 days.
Time bars for legal remedies
Article 94
1. An appeal shall be lodged within 8 days from the moment the
decision was rendered.
2. The Court of the second instance shall render the decision for the
appeal within 2 months from the moment of the in-take of the appeal.
Chapter 21
ENFORCEMENT OF THE DECISIONS
Enforcement of a judgment or a decision
Article 95
1. The judgment or the decision with which the minor is sentenced for
misdemeanor shall become final when the right to lodge an appeal is exhausted.
2. The final decision or judgment shall become enforceable when it is
served and there are no legal grounds to inhibit its enforcement. When the
appeal is not lodged or the accused gives up his/her right to appeal, the
decision shall become enforceable with the laps of time of the right to lodge
the appeal, i.e., from the day s/he gives up the right to lodge the appeal.
3. The judgment or the decision for misdemeanor which contains fine,
or the decision about payment of court fees, or payment of damages, or
confiscation of illegally obtained property, shall become enforceable when the
prescribed term for payment will expire.
4. When the convict lodges an appeal, the term set forth in paragraph
3 of this Article shall start to count from the day the second instance Court
was served with the decision for the misdemeanor.
Application of the provisions from the
Law on the Execution of Sanctions
Article 96
Imprisonment, fine, imprisonment which substitutes payment of fine,
security measures and educational measures shall be executed in accordance with
the Law on the Execution of Sanctions, if said Law does not provide otherwise.
Competent Court
Article 97
The competent Court determined by law shall enforce the imprisonment
provided in the final decision for the misdemeanor, or the imprisonment which substitutes payment of a fine.
Execution of a fine
Article 98
1. Fine and Court fees shall be collected by the Court who rendered
the decision in the first instance.
2. Fine and the court fees shall be paid in the post office or bank
on the special form issued by the competent Court within the period of time
estimated by the judgment. Filled form shall be delivered to the convict
together with the first instance or second instance decision.
3. The Post office or the Public Office for Payment where the
punished has his/her bank account shall inform within 3 days the competent
Court for the payment set forth in paragraph 2 of this Article.
B.
Collection of fine
Article 99
1. The collection of fine and Court fees shall be conducted ex
officio by the Court who renders the first instance decision.
2. The collection of the fine and Court fees shall be done in
accordance with the provisions for the Collection procedure of the payment of
the fine for which the convict was sentenced in the Criminal procedure.
Application of the provisions of the Execution Procedure
Article 100
The provisions of the Execution Procedure shall apply for execution of
some obligation provided in the misdemeanor decision or judgment.
Part 3
Chapter 22
SPECIAL PROVISIONS
Article 101
Paid fines and fees shall become an income of the Budget of the
Republic of Macedonia.
FINAL AND TRANSITIONAL PROVISIONS
Article 102
1. The procedure commenced in accordance with the Law on Misdemeanor AOfficial Gazette of SRM@ no. 43/84, 42/85, 50/87, 10/88, 36/89, 42/89, 7/90 and AOfficial Gazette of RM@ no. 25/92, 63/92 and 12/94 for which the Court of first instance
rendered the decision shall continue in accordance with that Law.
2. When in the appellate procedure or because of other irregular
legal remedies the decision is send back for rendering a new decision, the
procedure shall be conducted in accordance with this Law.
Article 103
From the day this Law enters into force the following Laws shall no
longer be valid: Law on Misdemeanor AOfficial Gazette of SRM@ no. 43/84, 42/85, 50/87, 10/88, 36/89, 42/89, 7/90 and AOfficial Gazette of RM@ no. 25/92, 63/92 and 12/94, Law on commercial offenses AOfficial Gazette of SFRJ@ no. 4/77, 10/86, 74/87, 57/89, and 30/90, Articles 122 to 124 relating
to the procedure of the Law on the Foreign Currency Operations AOfficial Gazette of RM@ no. 230/93, Articles from 305 to 307 from the Law on Custom AOfficial Gazette of RM@ no. 20/93, and the Articles from the Law on the External Trade
Cooperation AOfficial
Gazette of RM@ no. 31/93,
41/93 and 78/93.
Article 104
1) The procedure commenced in accordance with the Law on Commercial
Offenses for which the Court of first instance rendered the decision shall continue
in accordance with that Law.
2) When in the appellate procedure or because of other irregular legal
remedies the decision is send back for rendering a new decision, the procedure
shall be conducted in accordance with this Law.
Article 105
An average salary used for definition of lower and upper limit of the
fine shall be 8.500,00 denars in accordance with the average salary paid to the
employees in the Republic for April 1996.
Article 106
The Law providing for fine expressed in salaries shall be harmonized
with this Law within 2 years this Law enters into force.
Article 107
This Law shall enter into force the 8 day from the day of its
promulgation in the AOfficial
Gazette of RM@.