Criminal Code

[BorisVM]

Republic of Macedonia
Criminal Code



Enacted: 23 July 1996

Came into effect: 1 November 1996



CRIMINAL CODE
GENERAL PART


1. GENERAL PROVISIONS



Legality in the determining of crimes

and the prescribing of criminal sanctions

Article 1

Nobody can be sentenced to a punishment or some other penal sanction for an act, which before it was committed, was not determined by law to be a crime and for which no punishment was prescribed by law.



Fundaments and limits of

criminal-legal coercion

Article 2

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



Obligatory implementation

of a more lenient criminal law

Article 3

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

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



Criminal sanction

Article 4

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



Limitations in the execution

of criminal sanctions

Article 5

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



Applicability of the General Part

Article 6

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




2. A CRIME AND CRIMINAL RESPONSIBILITY
2.1. General provisions on crime and criminal responsibility



Crime

Article 7

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



An act of minor significance

Article 8

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



Self-defense

Article 9

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

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

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



Extreme necessity

Article 10

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

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

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

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



Criminal responsibility

Article 11

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

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



Mental competence

Article 12

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

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

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



Intent

Article 13

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



Negligence

Article 14

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



Responsibility for a more severe consequence

Article 15

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



Real mistake

Article 16

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

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



Mistake of law

Article 17

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

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


2.2. Preparation and attempt of a crime



Preparation

Article 18

(1) A person intentionally preparing a crime shall be punished only when this is explicitly so determined by law.

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

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



Attempt

Article 19

(1) A person that intentionally starts the perpetration of a crime, but who does not complete it, shall be punished for an attempted crime for which according to the law a sentence could be pronounced of five years of imprisonment or a more severe punishment, and for the attempt of some other crime only when the law explicitly prescribes the punishment of an attempt.

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



Unsuitable attempt

Article 20

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



Voluntary calling off

Article 21

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

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


2.3. Accessory in crime



Joint perpetration

Article 22

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



Instigation

Article 23

(1) A person that instigates, with intent, another to committing a crime, shall be punished as if he had perpetrated the crime himself.

(2) A person that instigates, with intent, another to commit a crime, for which a sentence of five years of imprisonment or a more severe sentence could be pronounced, and there is not even an attempt of this crime, shall be punished as for an attempted crime.



Accessory

Article 24

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

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



Limits of criminal responsibility and

possibility of punishing the accomplices

Article 25

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

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

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


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



Criminal responsibility of the Chief Editor

Article 26

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

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

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

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

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



Criminal responsibility of the

publisher, printer and producer
Article 27

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

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

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

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



Application of the general provisions

on criminal responsibility

Article 28

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


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



Manner of perpetration of a crime

Article 29

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

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



Time of perpetration of a crime

Article 30

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



Place of perpetration of a crime

Article 31

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

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





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



The aim of punishment

Article 32

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

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

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



Types of punishments

Article 33

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

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

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

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



Legality in the pronouncing of a punishment

Article 34

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

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



Imprisonment

Article 35

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

(2) If a punishment of 15 years of imprisonment is prescribed for a premeditated crime, a punishment of life imprisonment may be prescribed for severe forms of this crime.

(3) The punishment of life imprisonment may not be prescribed as the only main punishment.

(4) The punishment of life imprisonment may not be pronounced for an offender who at the time the crime was committed has not attained the age of 21 years.

(5) Imprisonment is pronounced with full years and months, and up to six months, also with full days.

(6) When a punishment of imprisonment is prescribed for crimes without appointing a minimal measure, and when the maximum measure is not longer than three years, it is compulsory to also pronounce a fine besides the punishment of imprisonment.

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



Parole
Article 36

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

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

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

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

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



Revoking parole

Article 37

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

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

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

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

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



Fine
Article 38

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

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

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

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

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


3.2. To mete out punishment



General rules to mete out punishment

Article 39

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

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

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

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



Mitigation of the punishment

Article 40

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

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

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



Limits of mitigation of the punishment

Article 41

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

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

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

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

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

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

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

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

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



Acquittal from punishment

Article 42

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

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



Special base for acquittal from punishment

Article 43

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



Concurrence of crimes

Article 44

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

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

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

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

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

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

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

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

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



Crime in continuation

Article 45

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

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



To mete out a sentence for a sentenced person

Article 46

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

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

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



Reckoning of pre-trial confinement

and earlier punishment

Article 47

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

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

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




4. CONDITIONAL SENTENCE AND COURT REPRIMAND
4.1. Conditional sentence



Aim of the conditional sentence

and of the court reprimand
Article 48

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



Conditional sentence

Article 49

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

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

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



Conditions for pronouncing

a conditional sentence

Article 50

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

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

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

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



Revoking a conditional sentence

because of a new crime

Article 51

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

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

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

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



Revoking a conditional sentence because

of a crime committed earlier

Article 52

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

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



Revoking a conditional sentence because of

non-realization of certain obligations

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.


4.2. Conditional sentence with protective supervision



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.


4.3. Court reprimand



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.




5. SECURITY MEASURES



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.


Pronouncing a security measure

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.


Compulsory psychiatric treatment

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.


Compulsory psychiatric

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.


Compulsory treatment of

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.


Prohibition on driving

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
Article 68

(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.




6. EDUCATIONAL MEASURES AND PUNISHMENT OF JUVENILES


6.1. General rules for educational measures and for the punishment of juveniles



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.


6.2. Educational measures



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.


6.3. Punishment of juveniles



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.


6.4. Implementation of security measures against juveniles



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.


6.5. Pronouncing criminal sanctions against adults for crimes they have committed as juveniles



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.


6.6. Registration of the educational measures and the effect of the educational measures and the punishment of juvenile imprisonment



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).




7. TAKING AWAY PROPERTY GAIN GAINED BY A CRIME



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.




8. LEGAL CONSEQUENCES OF THE SENTENCE



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.




9. REHABILITATION



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.




10. OBSOLESCENCE



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.




11. AMNESTY AND PARDON



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

The awarding of an amnesty or a pardon does not touch upon the rights of third persons that are based on the sentence.




12. APPLICATION OF THE CRIMINAL LEGISLATURE ACCORDING TO THE PLACE OF PERPETRATION OF THE CRIME



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 c