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