41
sentencing decision and the Rulebook on determining penalties. Recent changes from August 2014
concerning the amendment of Art. 232 St.. 1 of the Criminal Code.
3.
CONCLUDING OBSERVATIONS
Despite recent reforms, there are still questions for further harmonization of substantive criminal law
with the reform of the state, economic, political and legal system, crime trends and the emergence of “new
forms”, harmonization of the Macedonian criminal legislation with the EU and implementation of
international conventions in the criminal law area. One of the priority areas in which penal justice system
should comply with the conducted reforms in the defence are the deeds against armed forces. Existing
incrimination should be reconsidered in terms of the transforming the defence system and its adoption of
NATO standards as well as professionalization of the military service. There is still a remaining need for
further development of the system of economic incrimination towards its harmonization with changes in the
economic system and the emergence of new forms of cooperative crime. Basic assumption for providing
adequate criminal-legal framework for the prevention of economic crime also is achieving consent for its
term, and the notion of economic offense that should continue to grow in the criminal law in relation to
commercial, banking, financial and other branches of the law governing economic relations. The recent
reform of substantive and procedural criminal law in the area are getting the enhanced penalty repression,
which increases (intensifies) the interest of greater efficiency in preventing new forms of crime and interest
for the greater protection of human
rights and freedoms, trends ranging by a narrow line of demarcation.
Whether the new solutions would establish a balance between the demand for respect of human rights
or would worsen the situation with crime depends on the adoption of solid and clear regulations of the
general criminal law institutes (criminal liability of legal equities, confiscation) and the regulations of the
specific part which will largely eliminate the danger of an arbitrator interpretation and abuse in their
exertion; clearly define the intention of the legislator, who must follow the line set by international
conventions, but to fully regard both the overall social conditions and basic principles of the constitutional
and legal order; appropriate preparation of the courts and other institutions of justice to apply new solutions
and animation of domestic scientific thought for more active attitude towards modern trends in criminal law
and for the new scientific observation as a union of three elements: law, law enforcement and fairly
adjudicating specific cases.
42
4.
REFERENCES
1. 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).
2. Vlado Kambovski:
Second Stage of the Reform of the Criminal Law. Macedonian Review of Criminal Law
and Criminology year. No. 11. 3 (2004).
3. Vlado Kambovski: F
oundations and Directions for Reform of the Macedonian Criminal Legislation.
Macedonian Review of Criminal Law and Criminology, year 1, no. 1 (1994).
4. Kambovski Vlado and Tupancheski Nikola,
Criminal Law - Specific Section. University St. Cyril and
Methodius Faculty of Law Justinianus Primus (2011).
5. Vlado Kambovski
Criminal Code, an integrated text - preface, short explanation and registry terms-
second edition. Official Gazette of the Republic of Macedonia, Skopje (2011).
6. Vlado Kambovski Penal - L
egislative Reform before the Challenges of the XXI century. Bato and Design,
Skopje (2002).
7. Tatijana Ashtalkoska,
Money Laundering and Confiscation of Property and Proceeds Acquired by
Criminal Offense. Lawyer 191.
8. 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).
9. Nikola Tupancheski:
Criminal Law Liability of Responsible Persons in Legal Entities. Business Law XIII
no.27, Skopje (2012).
10.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
11. Tatijana Ashtalkoska,
Property Sanctions and Measures in Criminal Law dis. University Ss. Cyril and
Methodius Faculty of Law Justinianus Primus, Skopje, 2010.
12. Nicola Tupancheski
Amendments to the Criminal Code are not Part of the So-Called Reform Illusionism,
Macedonian Review of Criminal Law and Criminology, year 11, no.3 (2004).
13. Strategy for Reform of the
Criminal Law, the Ministry of Justice (2007).
43
Metodija Dojchinovski UDK:351.745.5:343.132(497.7)
Military Academy "General Mihailo Apostolski - Skopje"
SPECIFICITY OF THE MILITARY POLICE SERVICE IN THE
IMPLEMENTATION OF SEARCH MEASURES AND ACTIVITIES
Abstract
One of the aspects of the military defense system is the need for protection, security and retrieval of
property and persons belonging to the armed forces and resources, their capabilities and defense in general.
This process is accomplished through taking a complex set of measures and activities by the authorities and
units of the military police. The specificity of the research service of the military police is the focus of
activities to find, capture and arrest the perpetrators of crimes,
and finding people, objects and data collection
facilities for the search. In the use of special investigative measures and activities, the bodies of the military
police carry out joint work with other state agencies and departments responsible for this matter.
This paper contributes to the affirmation of the search activities of the military police in support of the
national security level. The active search creates the control of space, facilities, events, and developments
that are particularly important in ensuring smooth functioning of the system.
Keywords: search service, measures, activities, facilities, military police.
1.
INTRODUCTION
The definition of investigative work, investigations and inquiries in the foreign and domestic literature
is made in different ways
117
. Opting to define the investigations in
a wider sense, the German theorists adhere
to the following: For Meixner, the term "search" in the broad sense means belonging to a majority of the total
activity of criminalistic police
118
. Eler represents an angle for the search service in a broader sense and
includes the total criminal tactics and techniques with all ancillary sciences
119
. Kleinsmidt in his "practicum
at criminalistics" claims that the search starts from criminalistic; it can advance the investigation by the
perpetrators and objects
120
. Hartung in the term "search" involves the entirety of measures intended to detect
a crime and the perpetrator to be apprehended for criminal prosecution
121
. While for the
Western criminalists,
the problem of determining the term of office and pretrial investigations is general or broad sense, the
Eastern scholars to this term give a more different definition: Koldin explains the "search identification
activity" and defines it as a standardized legal action as the court, specialist and expert, for the purposes of
detecting and investigating crime, focuses on finding traces of the holders of probative information on
finding and identifying who caused the problems and the proof of their connection with the crimes.
122
R. S.
Belkin noted that "the search service is aimed at scouting officials and investigation, and its importance is in
the discovery of planned, prepared and committed crimes in determining the culprits and facilities of the
holders of probative information, the object of attack, and other facilities important for uncovering the truth
of the crime".
Unlike the investigation that is aimed to prove, the taking of non-procedural matters in the search
service aims at detection and identification. As adjusted taking theory that the application of the measures
and actions in the implementation of the search service should match the objectives, content of search
activities significantly narrowed down. In the region of the former Yugoslavia, there are authorities that by
their engagements and articles contribute to the creation of closer determination of search and investigative
activity. Its measures and actions within the system of operational-tactical and technical measures and things
are directly undertaken by the internal affairs and military police. Analyzing the definition of the research of
the founder of the Yugoslav Criminalistics School, V. Vodinelic, the search is defined as a system of such
117
Vodinelic, Criminalistics - detection and verification, Skopje, 1985
118
Meixner, Auskunfbuch fur Kriminalheamte, Hamburg, 1960
119
Eller, "Fahndung nach Personen und Sochen", Munchen, 1952
120
Kleinsmidt, "Lernbuch fur den Praktischen Kriminaldiends", Lubeck, 1963
121
Hartung, Kriminologie, Berlin, 1936
122
Koldin, Search, identification, proof, Moscow, 1981