Criminal law in Macedonia

The Criminal Code, called Кривичен законик or KZ, is the main source for criminal offences and sanctions in North Macedonia. It follows the principle that conduct can be punished only when the law defined it as an offence at the relevant time. If a later rule is more favourable to the accused, the more favourable rule applies. Individuals and legal persons can incur criminal liability under the conditions set by the KZ. Sanctions include imprisonment, fines, alternative measures, security measures, educational measures and confiscation. The exact consequence depends on the offence, intent or negligence, harm, previous convictions and mitigating or aggravating circumstances. The Criminal Procedure Code, called Закон за кривичната постапка or ZKP, regulates the process from a criminal report through investigation and trial. The Public Prosecutor's Office leads the pre-investigation and investigation, directs the Ministry of Internal Affairs, the Financial Police and the Customs Administration, collects evidence and applies for court orders where the law requires judicial approval. It can also decide on deferment, a criminal order or a plea agreement, and it files and represents indictments. The relevant Basic Public Prosecutor's Office handles the first prosecutorial stage; organised crime and corruption cases can fall within the specialised Basic Public Prosecutor's Office for Prosecuting Organised Crime and Corruption. Appeals proceed through one of the Courts of Appeal in Bitola, Skopje, Shtip or Gostivar and ultimately to the Supreme Court. A person can report an offence that is prosecuted ex officio to the police or the Public Prosecutor's Office. State bodies, public enterprises and institutions have reporting duties when they learn of such an offence. A report should identify known evidence and preserve relevant traces, objects and data. Reports about cybercrime can be made to the Economic and Computer Crime Division of SVR Skopje, another SVR unit or cybercrime@moi.gov.mk. The accused is presumed innocent and has the right to remain silent, consult a lawyer, receive information about the accusation and evidence, challenge evidence, present defence evidence and appeal. The accused also has duties such as complying with lawful summonses and orders and avoiding obstruction of the proceedings. Evidence obtained unlawfully is excluded. A participant who cannot understand the language of the proceedings can receive a free interpreter or translation. Detention and other limits on liberty may be used only as necessary and for the shortest necessary period. The court, rather than the prosecutor or police, imposes a criminal sanction. The harmed person, called оштетен, and the victim can receive information, participate in the proceedings, make a property claim and use complaint or appeal rights under the ZKP. Vulnerable victims and child victims or witnesses receive additional procedural protection. A victim of an offence carrying a possible prison sentence of at least four years who suffered serious psychophysical harm may qualify for a state-funded adviser under the applicable rules. The Law on Payment of Monetary Compensation to Victims of Violent Crime has applied to applications since 25 May 2023. Its Commission for Monetary Compensation can award compensation for treatment and medical aids, lost earnings, funeral costs, lost maintenance or solidarity assistance when the statutory conditions and evidence requirements are met. This compensation is not automatic. Children are governed by the Law on Justice for Children. A child is under 18, and criminal sanctions apply only from age 14. The law distinguishes children aged 14 to 16 from those over 16 and under 18, and it also provides processes for children at risk, including children under 14. A judge for children or a council for children applies age-specific educational measures, alternative measures or sanctions with the child's best interests in view. Detention and custody receive exceptional treatment. Rules also cover younger adults from 18 to under 21 and special protection for child victims and witnesses. Road conduct can lead to either a traffic offence or a criminal case. Ordinary breaches generally follow the misdemeanor, payment-order or traffic-measure process. Criminal liability can arise under Article 297-a of the KZ for reckless driving, including conduct involving alcohol, driving without a licence, driving during an active ban, driving in a prohibited direction or excessive speed. Injury or death can lead to further KZ offences. Digital cases can involve unauthorised access to or damage of a computer system, computer forgery or misuse of personal data. The Ministry of Internal Affairs's Sector for Computer Crime and its Economic and Computer Crime units handle relevant police work, while the Public Prosecutor's Office prosecutes. Digital evidence is seized or searched under the ZKP, with a judicial order where required. The MVR-SOC cybersecurity function is separate from criminal prosecution. Criminal cases do not have one uniform duration or flat cost. The right to a reasonable time applies, but the actual duration depends on the evidence, number of participants, expert work, appeals and other circumstances. Lawyer, expert, interpreter and travel costs depend on the case and applicable orders. Primary free legal aid provides advice, information and help with forms to eligible people who reside or stay in North Macedonia. Secondary aid depends on income and property conditions. Criminal defence and representation are governed by the ZKP rather than the general Free Legal Aid procedure. The current KZ, ZKP and child-justice rules apply; reported drafts of new codes are reform plans and are not currently in force.