38
of imprisonment up to one year by fines and release from serving a prison sentence of several dozen
convicted.
103
With the verdict of The Constitutional Court of the Republic of Macedonia the regulation was
assessed as unconstitutional, was declared void and removed from the legal system. However, not all
consequences of this legislative adventure were removed. The second intervention refers to crimes against
honour and reputation: the basic forms of offences excluded imprisonment and
fine is planned; imprisonment
is prescribed for qualified alternative forms of these offences; planned obligatory exemption from
punishment in the case when the perpetrator of the offenses in front of the court has apologized to the
damaged or recalled what he expressed or spread. The third intervention is strengthening the criminally legal
repression for offences against elections and voting, by ordering only the high prison terms without
specifying the statutory maximum for a particular incrimination, and a special incrimination for abusing the
funding of the election campaign was added.
104
Amendments to the Criminal Code in January 2008 are aimed at interventions in the specific section
whose aim is specific incrimination alignment with international commitments of the country.
105
In the
general section only act 122 is amended (the meaning of the legal expressions by adding definitions of legal
terms: a victim of crime, child pornography, computer systems and computer data). The specific section
despite some changes in the existing, imported several new incriminations. The first group consists of
offences aimed at protecting intellectual property, the second group includes interventions in crimes against
sexual freedom in order to strengthen the protection of minors, the third group refers to crimes against
property and the fourth group includes the acts of terrorism. Changes from October 2008 relate to increasing
the penalties for multiple offenses: crimes against sexual freedom, offenses against the family, robbery and
armed robbery.
106
Law on Amendments to the Criminal Code from 10 September 2009 is a second thorough reform of
substantive criminal law (for which is estimated vacatio legis of six months from the date of entry into force,
except art. 7 and 8 which apply from 1 January 2011). In the general section the offences for minor offenders
have been removed due to the application of the Law on Juvenile Justice. Chapter “Educational Measures
and Punishment for Minors” and Articles 70-96 of the Criminal Code have been deleted and new act inserted
(article 6-a) which stipulates that the Criminal Code does not apply to a minor who at the time of execution
of the act provided by law as a criminal offense, is under 14 years; against minors and younger adults, the
acts of the Criminal Code, if by the law (Juvenile Justice) not otherwise stated. The principle of legality is
redefined also (article 1) so that despite the crime is forbidden according to law, it is also added “or
according to the international agreements ratified under the Constitution of the Republic of Macedonia ".
Major changes are made in the offences for liability of legal entities and criminal legal sanctions for legal
entities.
107
Novel starts from the terms of the criminal responsibility of the legal entities. First, the
legal entity
is
responsible for the offence, determined by law, done by the responsible person in
the legal entity within its
powers
on behalf of, on account of or in favour of the legal entity. Second, the legal entity responsible for the
offence of another employee or his representative, where for the legal entity is realized significant benefits or
other inflicted significant damage if: execution of conclusion, order or other decision, or approval of the
managing , management or supervisory authority is a criminal offense; or the offense was due to lack of
proper supervision by the management body of the management or supervisory authority does not prevent
the act or shielded or not registered for the initiation of criminal proceedings against the offender.
108
The law
defines the boundaries of responsibility, the right person and specify the conditions for liability in case of
bankruptcy and change the status of legal entity.
109
The system of sanctions for legal entities has been
103
Vlado Kambovski Criminal Code - The First Step Towards a Major Reform of the Macedonian Criminal Legislation. Macedonian
Review of Criminal Law and Criminology. 1-2, (1995): 22
104
Kambovski Vlado and Tupancheski Nikola, Criminal Law - Specific Section. University St. Cyril and Methodius Faculty of Law
Justinianus Primus (2011):9
105
More about novel of 2008: Nikola Tupancheski and Dragana Kiprijanovska: Upcoming Novel of the Criminal Code of the
Republic of Macedonia – specific section. "University St. Cyril and Methodius" Faculty of Law, Justinianus Primus, Proceedings
(2008) : 113-139
106
Vlado Kambovski Criminal Code - The First Step Towards a Major Reform of the Macedonian Criminal Legislation. Macedonian
Review of Criminal Law and Criminology. 1-2, (1995): 24-27
107
Nikola Tupancheski: Criminal Law Liability of Responsible Persons in Legal Entities. Business Law XIII no.27, Skopje (2012):
37-53
108
In relation to the first ground of liability, assumed responsibility of the legal entity is based on the theory of identification: the
offence of the responsible person is the offence of the legal entity. The second basis of liability arises from the relationship of the
offense to any employee or representative of a legal entity, for it is realized significant benefits or other inflicted significant damage
to the actions of the organs of management or supervision.
109
Vlado Kambovski Some Open Questions on the Upcoming Criminal-Law Reform. University St. Cyril and Methodius
Faculty of
Law Justinianus Primus, Symposium (2008): 10-14