Print LAW ON EXECUTION
OF SANCTIONS
Chapter I
GENERAL PROVISIONS
Article 1
(1) This Law regulates the execution of sanctions passed for criminal acts, and misdemeanours (hereinafter referred to as punishable acts).
(2) The sanctions passed for criminal acts, whose execution is regulated by this Law, are: penalties, alternative measures, security measures and educational measures.
(3) The sanctions passed for misdemeanours, whose execution is regulated by this Law, are: penalties, security measures and educational measures.
Article 2
(1) The sanctions passed for punishable acts will be executed when the decision by which the sanction was pronounced will be finally valid and when there are no legal obstacles for execution of the decision.
(2) The execution of some sanctions can start even before the decision for determining of the sanction become finally valid, only when this is prescribed with the law.
Article 3
The persons, against whom the sanctions are applied, are deprived of or have restricted rights only within the limits that are necessary for achieving the goal of the sanctions, in accordance with the Law.
Article 4
(1) The rules on execution of sanctions are applicable impartial.
(2) Discrimination on the grounds of race, colour of skin, sex, language, religion, political or other beliefs, national or social origin, property and social status or some other status of the person against whom the sanction are applied, is prohibited.
(3) The religious feelings, personal conviction and moral norms of the person against whom sanctions are applied, have to be respected.
Article 5
The persons, against whom the sanctions are being applied, are treated in a manner which, to the extent possible, corresponds to their personality.
Article 6
The persons, against whom sanctions are being applied, are treated humanely, by respecting their personality and dignity, preserving their physical and mental health, considering the achievement of the goals in specific sanctions.
Article 7
(1) The sanctions are executed by the bodies determined by this Law.
(2) The court that reached the first instance decision for passing the sanction, is obliged to send the decision to the competent court according to the place of permanent or temporary residence of the convicted person immediately but no later than 3 days after the decision will become executive.
(3) The decision becomes an executive, when, after it becomes finally valid, there are no more legal obstacles determined by this Law for executing the sanction.
(4) The judge for executing the sanctions is obliged to start with the execution of the sanction by taking the legally determined actions and measures immediately after the reception of the decision.
(5) Convicted persons have a right of protection of their rights in a way and procedure prescribed by this Law.
Article 8
(1) The Directorate for Execution of Sanctions (hereinafter: the Directorate) is responsible for the affairs of execution of sanctions.
(2) The Director of the Directorate manages the affairs of execution of sanctions.
(3) This Law determines the organizational structure and the area of responsibility of the Directorate.
Article 9
(1) By the use of direct supervision and information, the Directorate follows and studies the implementation of the regulations for execution of sanctions, directly undertakes or suggests measures for improvement of the conditions for execution of sanctions to the authorized bodies, gives an expert help for the execution of sanctions, collects and processes the statistics data and performs other duties stipulated with this Law and other provisions.
(2) In order to improve the conditions for execution of sanctions and the after releasing help for the convicts the Directorate cooperates with other state bodies, science and other institutions and associations, as well as other legal entities.
(3) Once a year, the Directorate informs the Government and the public about the condition and the work of the penitentiary correctional institutions.
Article 10
The supervision over the work of the bodies and the institutions for execution of sanctions, and over the legality of the execution of the sanctions is performed by the bodies determined with this Law.
Article 11
(1) The means for the execution of the sanctions are provided by the Republic of Macedonia.
(2) The persons against whom the sanctions are applied will not pay the costs for execution of the sanctions, except the costs for execution of the fine.
Article 12
The persons released from the execution of the sanctions will be provided with help.
Article 13
The right for use of the convicts' language in the communication with the Directorate, the Institution or with the other state bodies should be implemented in accordance with the provisions stipulated in the Law on General Administrative Procedure.
PART ONE
DIRECTORATE FOR EXECUTION OF SANCTIONS
A. AUTHORITIES FOR EXECUTION OF SANCTIONS
Chapter II
Article 14
(1) The Directorate for Execution of Sanctions (hereinafter: the Directorate) organizes, executes and supervises the execution of the imprisonment sentence, the juvenile imprisonment, the alternative measures: protective supervision pronounced with a probation verdict or probation dismissal, community work and house arrest, as well as correctional detention as an educational measure.
(2) The Directorate is a body within the Ministry of Justice having a legal entity authorization.
(3) With reference to paragraph 1 of this Article, the Directorate keeps records for the sanctioned persons.
(4) The Directorate provides a continuous education and training for the employees.
(5) The Directorate cooperates with the other institutions, associations and organizations that deal with the issues of execution of sanctions.
B. ORGANIZATIONAL STRUCTURE OF THE DIRECTORATE
Article 15
The Directorate includes the penitentiary and correctional institutions as its organizational units.
Article16
(1) The penitentiary and correctional-educational institutions are established and abolished with this Law.
(2) The penitentiary institutions can be penitentiaries and jails.
(3) Penitentiary institutions are: Idrizovo Penitentiary with an "open" division in Veles, Shtip Penitentiary, Struga Penitentiary of open type, Bitola Jail, Gevgelija Jail, Kumanovo Jail with an "open" division in Kriva Palanka, Ohrid Jail, Prilep Jail, Skopje Jail, Strumica Jail and Tetovo Jail.
(4) Correctional-educational institutions are: Tetovo Correctional Facility and Skopje Correctional Facility.
(5) The Ministry of Justice using the general provision organizes the deployment of the convicts and the juveniles in the penitentiary and correctional-educational institutions, as well as the detainees in the detention departments within the penitentiary institutions.
1. Penitentiary Institutions
Article 17
(1) The penitentiary institutions (hereinafter referred to as the institutions) according to their security level, the extent of freedoms’ limitation and the types of the treatment applied upon the convicts can be institutions of closed, a semi-open and of open type.
(2) The institutions of closed type have physical and material security such as security guard, banister walls, technical means and other security measures, which are preventing the convicts' escape.
(3) The institutions of a semi-open type have security guard, which secures the discipline and controls the convicts' movement.
(4) The institutions of an open type do not have physical and material security. The organization of the life and the work of the convicts in those institutions is based on self-discipline and personal responsibility and control over the movement and the work of the convicts is performed by the educators and instructors.
(5) For securing the building in the institutions of an open type a security service can be organized.
Article 18
In the institutions of closed type semi-open and open type of divisions are established, and in the institutions of a semi-open type - opened and closed type of divisions.
Article 19
(1) Divisions for reception of convicts (hereinafter referred to as reception divisions) will be established within the institutions.
(2) Divisions for persons convicted for misdemeanours will be established within the institutions of a semi-open type.
(3) A House-hospital as a separate institution will be established for the sick convicts.
Article 20
(1) Special divisions for foreign and stateless convicts will be established within the institutions of closed type.
(2) For the execution of the imprisonment sentence passed for the persons stipulated in paragraph 1 of this article, the international documents referred to execution of imprisonment sentence for this category of convicts, will be applied.
Article 21
Juvenile convicts compulsory will serve the juvenile imprisonment sentence in a special institution for juveniles.
Article 22
(1) In some institutions special divisions for execution of the pre trial detention will be established.
(2) The treatment of the detainees will be regulated by Law.
1. Correctional Institutions
Article 23
(1) Correctional-educational institutions for execution of the educational measure concern sending into correctional-educational centre are the correctional-educational centres.
(2) Some categories of juveniles can serve the educational measure in special divisions of the correctional-educational centres.
(3) The juveniles of different gender will be placed in separate correctional centres or can be placed in separate divisions in the same centre.
C. ORGANIZATION OF THE DIRECTORATE
Article 24
(1) The general regulations for organization and systematization of the work and the duties determine the Directorate's organizational units for executing of functions.
(2) The general regulations referred in paragraph 1 of this Article are passed by the Director of the Directorate in agreement with the Minister of Justice.
Article 25
(1) In accordance with the complexity and the extent of the work for execution of the sanctions, within the institutions the following units will be organized: unit for re-socialization, security unit, economy – instructing unit, unit for health protection and the executive-administrative and financial unit.
(2) The units will be organized by the Directorate.
(3) If organizing of the units referred to in paragraph 1 of this Article is not necessary; one or more persons can perform the activities of some or more units.
a) Unit for re-socialization
Article 26
(1) The unit for re-socialization will be organized for implementation of the educational process and for coordination of the activities of upbringing, education and qualification of the convicts.
(2) The activities of education and instruction are performed by educators and instructors.
b) Security Unit
Article 27
(1) The security affairs in the institution are performed by the security unit, armed and uniquely uniformed and equipped.
(2) The security unit is a unique formation of the Directorate.
(3) The security unit will be organized to secure the institution, prevent the escapes, maintain the internal order and discipline, and to escort the convicts.
(4) The security unit is managed by commanding officer.
(5) The activities in the security unit, besides the commanding officer, are also performed by commanders, high, senior and junior supervisors.
(6) Each member of the security unit while performing an official duty has an authority of the police officer.
(7) The Director of the Directorate passes a regulation for the security unit’s armaments and the ways of conducting the duties, as well as a regulation for the unit’s uniforms and insignia.
c) Economy-Instructing Unit
Article 28
(1) The economy-instructing unit organizes the work and the qualification of the convicts.
(2) The labour engagement of the convicts is conducted in the economy units established by the institutions or outside of the institution in legal entities and other institutions, after a previous assessment by the instructed unit, the unit for re-socialization and the unit for health protection.
(3) The activities of the economy-instructing unit are performed by instructors and other experts.
d) Unit for health protection
Article 29
(1) The Unit for health protection is organized to perform activities of health protection, to carry out hygienic measures and to control the food and the drinking water for the convicts in accordance with the general regulations.
(2) The activities of the Unit for health protection are performed by doctors and other health workers, who have an adequate degree of education in accordance with the general regulations.
d) Executive-administrative and financial unit
Article 30
(1) The executive-administrative and financial unit will be organized for dealing with the executive, administrative, legal and financial affairs of the institution, as well as to provide a legal aid for the convicts.
(2) The activities of the executive-administrative and financial units are performed by persons who have an adequate degree of education from an appropriate field of specialization according to the general regulations.
D. MANAGEMENT OF THE DIRECTORATE
1. Director of the Directorate
Article 31
(1) Director is managing with the Directorate.
(2) The Director of the Directorate is appointed and discharged by the Government of the Republic of Macedonia on a proposal of the Minister of Justice.
(3) The Director is appointed for a term of 5 years with the right to be re-elected.
(4) For a director of the Directorate can be appointed a person who has finished a higher education of VII-1 level and who has at least 5 years working experience in the field of execution of sanctions or in related affairs.
Article 32
(1) The Director represents the Directorate, is responsible for the legal and correct execution of the affairs in the field of execution of sanctions in the Republic and for his responses to the Government of Republic of Macedonia and to the Minister of Justice.
(2) The Director of the Directorate can appoint someone from the employees to replace him when on leave or justifiably absent.
2. Director of the institution
Article 33
(1) The work of the institution is managed by the Director.
(2) The Director of the institution is personally responsible the work of the institution to be performed lawful, proper and in time.
(3) The Director can have his own deputy, who will replace him in case of his impediment or absence and will represent him in the matters determined by him.
Article 34
(1) The Government of the Republic of Macedonia appoints and discharges the Director of the institution and his deputy on a proposal of the Minster of Justice.
(2) For a Director or a Deputy of an institution can be appointed a person who has finished a higher education of VII-1 level and who has at least 5 years of working experience in the field of execution of sanctions or in related affairs.
JUDGE FOR EXECUTION OF SANCTIONS
Article 35
In all Basic Courts a Judge for Execution of Sanctions will be appointed.
Article 36
(1) The Judge for Execution of Sanctions protects the rights of the convicted persons, supervises the legality of the procedure for execution of the imprisonment sentence and provides equality of the convicted persons before the law.
(2) The Judge for Execution of Sanctions performs activities and decides for:
- sending of the convicts on serving the imprisonment sentence;
- postponement of the imprisonment sentence;
- interruption in serving the sentence and abolishment of the interruptions of sentence serving;
- calculation of the sentence, if the competent court did not pass the appropriate verdict;
- obsoleteness of the execution of the sentence or termination of the execution of sentence due to the convict’s dead, if the competent court did not pass the appropriate verdict;
- cooperation with the competent Centres for social work about the post-penal aid and the execution of the alternative measures;
- replacement of the fine with imprisonment sentence;
- payment of the fine on instalments;
- other cases regulated by law.
PART TWO
AN EXECUTION OF SANCTIONS PRONOUNCED FOR
CRIMINAL ACTS
A. Execution of the imprisonment sentence
Chapter III
BASIC PRINCIPLES
Article 37
(1) The goal of the imprisonment sentence is qualifying the convicted person to become involved in the society with best possible chances on independent life in accordance with the Law.
(2) In order to achieve the goal of the imprisonment sentence, a feeling of responsibility is developed among the convicted persons, and they are stimulated to accept the treatment and to participate actively in it during the serving of their punishment which is motivated and directed to re-educating and development of positive character traits, attitudes and capabilities, that speed up the successful return to the society.
Article 38
(1) During the execution of the imprisonment sentence, the psycho-physical and moral integrity of the convicted person must be protected, and his personality and dignity must be respected.
(2) Any kind of torture, inhuman or degrading treatment and punishment is prohibited.
(3) The right to personal security of the convicted person and the respect of his personality must be insured.
Article 39
(1) The system of the execution of the imprisonment sentence is organized in such a manner, which enables the classification and displacement of separate categories of convicts in separate institutions or in separate divisions in different institutions and groups, for the purpose of easier implementation of different kinds of treatment, for preventing the criminal infection and for maintaining the discipline.
Article 40
(1) The convicted persons are disposed in different institutions for execution of the imprisonment sentence. Their position and the system of their disposal are determined according to the provisions of this Law and in accordance with the court decision.
(2) The convicted persons of a different sex will serve the imprisonment sentence separately.
(3) The convicted persons who serve an imprisonment sentence for a first time will be separated from the recidivists.
(4) The sentence for juvenile imprisonment imposed upon juveniles under age of 23 years shall be executed separately from the adults sentenced to imprisonment.
(5) The persons being in pre-trial detention will be separated from the persons serving the imprisonment sentence.
Article 41
In the institution for execution of the imprisonment sentence, the convicted persons will be classified according to the necessity and the type of the required treatment, their age, personal characteristics and other circumstances of importance for the evaluation of the personality of the convicted persons.
Article 42
(1) In the disposition, classification and dislocation of the convicted persons, the type and the nature of the committed crime and the level of the criminal responsibility must be taken in consideration.
(2) With a general regulation, the Minister of Justice more precisely determines the disposition, classification and dislocation of the convicts.
(3) With a general regulation, the Minister of Justice determines the types and the methods of treatment of the convicts.
Article 43
The young convicts should be provided with conditions, which will protect them as much as possible from the harmful influence of the other convicts, as well to provide them with conditions for life and work, and for cultural, sports and other activities adequate to their age.
Article 44
(1) The convicts will be placed in separate sleeping rooms in accordance with the institution's possibilities and with their own agreement.
(2) The convicts serve the imprisonment sentence in a group and they are disposed in groups, where the measures of education and re-education of same type may be implemented.
Article 45
(1) The convicts are obliged to follow the institution's rules.
(2) The discipline in the institution for execution of the imprisonment sentence should be maintained rigidly but righteously with respect of the human personality.
(3) The collective punishment of convicts is prohibited.
(4) The use of forcible means as a punishment is prohibited.
Article 46
(1) The convicted person will be provided with a health care.
(2) The convicted person can not be exposed to medical or other experiments which disturb their physical, psychological and moral integrity.
(3) The agreement of the convicted person for their participation in the experiment referred to in paragraph 2 of this Article does not exclude the responsibility of the person who approved it.
Article 47
(1) The convicts should be provided with a work, which will be useful and an appropriate to the way of its performing at freedom. The achieving of an economic benefit must not be the only goal of the work.
(2) Through the work, the convicts achieve and develop the working habits, maintain their work capabilities and gain a professional knowledge for work at freedom.
(3) The convicts must not be required to do activities, which are dangerous and harmful for their health.
(4) The working hours has to be adequate with the working hours at the freedom.
Article 48
The convicts do not pay taxes for the petition requests, official actions and decisions taken in connection with the implementation of provisions of this Law.
Chapter IV
INSTITUTIONS FOR EXECUTION OF THE IMPRISONMENT SENTENCE
1. Authority of the Institutions
Article 49
(1) Institutions of closed type are for sentences of longer than three years, as well as the imprisonment sentence of over six months delivered against recidivists.
(2) The persons sentenced on life imprisonment will serve their sentence in accordance with the provisions for execution of the imprisonment sentence and they are entitle to use all rights and benefits, except for those which are limited with the house rules of the institution.
Article 50
Institutions of semi-open type are for sentences of up to three years if it can be estimated, on the grounds of the criminal act, the motives because of which it is committed and the offender's personality, that the aim of executing the imprisonment sentence will be achieved with its execution within the same type of institution.
Article 51
Institutions of open type are for persons convicted of criminal acts committed trough negligence and for other crimes for which sentence of imprisonment is three to five years, if there are grounds to believe that the treatment in there institutions corresponds to the nature of the crime and the personality of the offender and that in this type of institution, with a feeling of personal responsibility, convicts will perform their duties and will not abuse their privileges.
Article 52
The provisions of Articles 49, 50 and 51 of this Law are applied to the disposal and the treatment of the convicts within the closed, semi-open and open divisions of the institutions.
2. The institution's house rules
Article 53
(1) Within the institution, a general regulation will be passed, to regulate the house rules, and to determine more specifically the organization of the work and to regulate the convicts' life-style within the institution.
(2) The Director of the Directorate passes the general regulation referred to in paragraph 1 of this Article.
Chapter V
WORK RELATION
1. Establishment and termination of work relation in the Directorate for execution of sanctions
Article 54
For establishing and terminating work relation and work relations in the Directory for the execution of sanction are being applied general regulations for the work relations and general and special regulations from the area of the health, pension and invalid insurance, unless with this law is not differently established.
Article 55
The vocations of the Directorate's employees and the activities being performed by them shall be regulated with this Law, as well with a general rule for organization, work and systematization of the job positions nominated by the director of the Directorate.
Article 56
(1) The employment in the Directorate shall be carried out through a public job vacancy announcement, published in at least two daily newspapers in Macedonian language and in the language spoken by at least 20% of the citizens who are speaking official language different from Macedonian.
(2) An employment contract in an institution can be established by a person who will fulfil general conditions stipulated by law and the special conditions determined with this Law and the general regulation for systematization.
(3) An employment contract in an institution may be established by a person, who has not been convicted, for criminal acts: against the country, against the army of Republic of Macedonia, against the life and body, against the freedom and rights of the citizen, against the public finances, payment system and economy, against the property and criminal acts committed due to benefit or dishonest motives, against official duty and, against humanity and international justice; against whom is not on going criminal procedure; against whom is not pronounced a security measure of banning on exercising a vocation, activity or duty while it lasts the ban and who is healthy and psycho-physically fit for work in an institution.
(4) The Director of the Directorate can promote or transfer an employee on a vacant job position within the Directorate without any public announcement for the same job vacancy.
(5) In the process of employment, the Director of the Directorate can ask the authorized state institutions for the candidate's data which can clarify whether the candidate is a threat for the security of the institution and the Directorate.
(6) The Director of the Directorate shall decide upon the choice of the candidates. The candidates who were not chosen will be informed in written, within the term of 8 days from the decision.
The candidates have the right to file a complaint against this decision to the Minister of Justice within 8 days from the reception of the notification.
(7) The employment shall be established by signing a written employment contract.
Article 57
(1) For the job position of an educator or teacher, a person, who has finished a higher education of VII-1 degree in the appropriate field of specialization, can establish an employment contract.
(2). For the position of an instructor or for other qualified job position, an employment contract can be established with a person, who has finished at least VI-1 degree or who is highly qualified (VKV) employee of the appropriate field of specialization.
Article 58
(1) For the apprenticeship position in the security unit, working relation can be established by a person, who has finished at least high school (IV-1 degree), who is not older than 25 years, who is physically and psychologically fit for dealing with supervisory activities in an institution and who has served the compulsory military service.
(2) For the positions commander and commandant in the security unit, an employment contract can be established with a person with a high education (VII-1 degree), being both physically and psychologically fit for dealing with these activities in the security service and who has served the compulsory military service.
Article 59
(1) An expert commission on the basis of a physical checkups and a test made according to a special programme will determine the psychophysical capabilities of the person being under the procedure of his employment for performing jobs in the security service.
(2) The Commission for determining the psychophysical capabilities referred to in paragraph 1 of this Article will be appointed by the director of the Directorate.
(3) The Programme for determining the psychophysical capabilities of the person being under the procedure of security service employment shall be passed by the director of the Directorate.
Article 60
(1) Fixed term contract will be established with the apprentice.
(2) The apprenticeship period for the supervisor position lasts for one year.
(3) After the expiration of the apprenticeship period, the apprentice takes an expert exam for conduction of the work of a supervisor in front of a Commission appointed by the director of the Directorate.
(4) The way of an expert training and the checkups of an expert qualification are determined by a programme brought by the director of the Directorate.
Article 61
(1) With the person who has successfully passed the expert exam an employment contract for the supervisor position, will be establish for an undefined period.
(2) Employment contract will be terminated if the person who did not passed the expert exam.
2. Job positions to which the extension of the insurance is calculated with increasing of the duration
Article 62
(1) The employees in the Directorate and the institutions, because of the complexity and the hard conditions of the affairs' nature, as well special conditions under which they are being executed in the immediate contact with the convicted persons with what significantly is being influenced on the decreasing of the working ability, have the right of the insurance according to the Law on pension and invalid insurance, which is calculated as one of an extended duration, that is, each period of 12 months effectual spent on performing those affairs is considered as period of 16 months of insurance..
3. Employees' salary in the institutions
Article 63
(1) The Directorate's employees will be provided with salaries from the funds intended for funding of the Directorate's work.
(2) The salary's height shall be determined according to the salary groups determined on the grounds of the type, weight and complexity of the activities and conditions under which they are performed, as well as on the ground of the length of labour experience.
(3) The salary groups shall be determined by law.
Article 64
The salary's amount of the employees working on positions where the working experience's insurance is considered for an extended duration shall be increased up to 30% from the determined salary group.
4. Pension and disability insurance
Article 65
If not otherwise stipulated with this Law, the general regulations on retirement and disability insurance shall also apply to the Directorate's employees.
Article 66
(1) Employees working on positions with an extended duration the employment contract will be terminated in case of their inability or their significantly decreased ability for performing those activities, if it is not possible for them to be replaced on other job positions.
(2) The Expert Commission referred to in the Article 59, paragraph 1 of this Law, will determine the inability for work or the significantly decreased ability.
(3) The employees, to whom according to the article 1 of this Law, with regard to the changes in psycho-physically conditions or general health ability, stops the work relation shall have the right on disability pension.
Article 67
The employees working on positions whose work experience insurance is with an extended duration, who have met the conditions regarding the right of pension, shall be entitled to severance pay according to general provisions.
5. Education of the employees
Article 68
The employees are entitle and obliged to continuous training, education and check ups of their knowledge and capabilities.
The training and education is organised in the Training Centre.
The act on establishing and organizing is passed by the Minister of Justice and the programme for training and education should be passed by the director of the Directorate with the consent received by the Minister of Justice.
The meanings for work of the Centre are provided by the Budget of Republic of Macedonia.
Chapter VI
INSTITUTIONS' FUNDING
1. Provision of funds for the work
Article 69
(1) The funds for the institutions' work are provided by the budget of the Republic's through the budget's user - the Directorate for Execution of Sanctions.
(2) The institutions are financed throughout the budget's user stated in paragraph 1 of this Article, as well from personal incomes.
(3) The institution's funds are provided by the Budget of Republic of Macedonia and will include the funds for salary of the leading persons and employees, the funds for material expenditure the funds for special purposes, the funds for constructions, reconstruction, maintenance of the buildings and for institutions' equipping, and for equipping of the security service.
- The funds for special will be provided for: feeding, clothes and other living needs of the convicts and pre-trial detainees, for education, travelling expenses with regard to the sending of convicts in the institution and release from institution, expenses connected with the conveying of convicts to the competent organ, reimbursement for the work performed outside of the economy units, health care of convicts and other needs, according to the annual expenses for one day of the convict or of the pre-trial detainee.
- The funds for special purpose referred in the paragraph 2 of this Article will be provided also for: payment of severance pay for the employees when they exercise the right of pension; payment of severance pay in case of an employee's accident at work and for helping their family, if the employ lost the life during conduction of the work, supply of uniforms; armament and other equipment for the security service, as well as the expert improving of the employees within the institution.
(4) The Directorate personal incomes from the convicts' work shall be used for improvement of the conditions for execution of sanctions, modernization and equipment of the institutions and the Directorate, as well as for stimulation of the employees. The Director of the Directorate shall determine the amount of the incomes.
Article 70
A Programme being made by the Government of the Republic of Macedonia shall determine the amount of funds for construction, reconstruction, maintenance of the buildings and those for outfitting of the institutions as well as their more specific purpose.
Article 71
The Directorate will finance the work of the institutions, will provide for the conditions of the work and also will take care in accomplishing the Programme referred to in Article 70 of this Law.
Chapter VII
ORGANIZATION AND WORK OF ECONOMY UNITS
1. Establishment of economy units
Article 72
(1) One or more economy units shall be founded within the institutions, for the purposes of the dealing with convicts.
(2) The director of the Directorate shall determine the institutions, where the conditions for founding an economy unit do not exist therein.
Article 73
(1) With a decision issued by The Government of the Republic of Macedonia an economy unit will be established.
(2) The initial funds essential for the founding of an economy unit shall be provided within the Republic's budget.
Article 74
(1) The economy units shall be established in order to accomplish the aims of the execution of sanctions.
(2) Primarily, the products and the service from the economy units shall be offered for the needs of the penitentionary institutions by the cost price.
Article 75
(1) The act on founding an economy unit will include the data stipulated with the general regulations concerning foundation of trade societies.
(2) The economy unit shall be recorded in the Register of Companies.
Article 76
(1) Manager shall run the economy unit's work.
(2) The director of the Directorate shall appoint the manager.
Article 77
(1) The economy unit shall have a status of a corporate body and it shall act within the traffic in its own name and for the sake of itself.
(2) The financial work of an economy unit shall be performed through a special account.
Article 78
The economy unit shall not pay a tax on the income and profit achieved, and it shall be released of other duties, except the excise tax.
Article 79
(1) After payment of the gross income and other reimbursements for the work of the economy unit's employees, as well as after payment of both reimbursement and rewards for the convicts' work, the profit shall be distributed for the purposes of the accumulation in amount of 70%, and 30% of it shall be entered for purposes of construction and outfitting the institutions and the security service.
(2) The Director of the Directorate shall give an approval on the use of the funds for building and equipping of the institutions.
Chapter VIII
SUPERVISION IN THE INSTITUTIONS' WORK
1. An expert-instructing supervision in the execution of sanctions
Article 80
(1) Through its inspectors the Directorate shall perform an expert-instructing supervision over the institutions' work.
(2) The expert-instruction supervision shall include making sure that a sentence will be executed in accordance with the provisions determined with this Law, with effort to be pointed out the modern pen logical principles on improvement and development of the system of execution of sanction, positive experience of functioning of the modern systems of executing the sentence of imprisonment; as well conducting a poll, realizing and analyzing the states of affairs as well as removing problems and weaknesses in the institutions' work.
(3) The expert-instructing supervision referred in the paragraph 2 of this Article shall be performed directly by the inspector for executing sanctions.
(4) In exercising the supervision, the inspector may also engage the participation of scientific and expert institutions or some scientific and expert workers from the appropriate field.
2. Court supervision in executing sanctions
Article 81
The supervision of the court in executing the sentences regarding the treatment with the convicts as well in achieving their rights and obligation is conducted by the judge for execution of sanctions within the basic court in the institutions’ headquarters.
Article 82
The director of the institution is obliged to ensure the insight on the necessary documentation to the inspector for execution of the sanctions and to the judge for execution of the sanctions also, to enable them with undisturbed performance of the supervision and also undisturbed conversation with the convicts with or without presence of the prison employees depending on the needs,.
Article 83
(1) The inspector for executing sanctions and also the judge for executing the sanctions, will compel a minutes for the made supervision and established situations in the framework on their authorisation.
(2) If irregularities were established during the supervision referred to in paragraph 1 of this Article, the inspector for executing sanctions and judge for executing sanctions will bring a decisions for removing the determined irregularities within a fixed term and a for re-establishing the violated rights of the convicts.
Article 84
The inspector for executing sanctions and the judge for executing sanctions will announce in between with regard to the established conditions within the institution and on the irregularities established during the performance of their supervision.
3. State Commission's supervision in the executing sanctions
Article 85
(1) The Government of the Republic of Macedonia will establish a State Commission for performing a supervision in the penitentiary institutions, which will be composed of five members selected from among judges, pen logical, sociological and educative workers, the Ministry of Health, the Ministry of Labour and Social Politics, the Ministry of Economy and from among the scientific and expert workers of other institutions for a period of five years.
(2) The State Commission selects its own president and his deputy.
(3) The State Commission have the task, by making an occasional visits to the institutions, to asses the conditions in relation to the implementation of law other regulations and rules for the execution of sanctions, treatment of convicts, the conditions under which they live and work, to conduct a poll as to their position and rights. The institution's director shall be obliged to make possible for the Commission to have an insight into the situations and documentation of that institution and to enable it to have a conversation with the convicts without the institution's employees being present thereto.
(4) The State Commission drafts report on the assessed situations, with appropriate proposals and measures, and determines a deadline for removing the irregularities.
(5) The report foreseen in paragraph 4 of this Article together with the proposals and measures will be submitted by the State Commission to the Government of the Republic of Macedonia, the Directorate and to the court competent for executing sanctions.
(6) The institutions and the Directorate are obliged to act in accordance to the remarks made by the State Commission and to remove the irregularities within the prescribed deadline.
Chapter IX
ACTING DURING THE EXECUTION OF SENTENCE OF IMPRISONMENT
1. Referral of convicts
Article 86
(1) The Judge for execution of sanctions determined according to the convict's place of permanent residence that is his place of temporary stay, shall be competent organ to take the necessary actions for executing the sentence of imprisonment.
(2) If the place of the convict's permanent or temporary residence is unknown, the court, which has taken the first-degree decision, shall be competent for the referral of the convict for serving his sentence
(3) If the convict's permanent residence that is his place of temporary stay is unknown or he is inaccessible, the court which has taken the first-degree decision, shall request from the organ of an internal affairs to locate him and immediately inform the court with regard to his address.
(4) The procedure for sending the convicts is considered as urgent.
Article 87
The court, which has taken the first-degree decision, shall deliver to the competent court for execution of sanction all the data’s about the convict's personality, which have been obtained during the procedure and which are relevant for the executing the sentence, together with the decision on execution.
Article 88
The Judge for execution of sanctions is obliged to take the necessary actions to execute the sentence of imprisonment immediately after the reception of the executable decision but at latest within eight days after its reception.
Article 89
(1) Summoning of the convict to serve the sentence of imprisonment is performed through handing over the invitation personally, that includes the day when he should appear in the relevant institution.
(2) The convict will be warned with the invitation (referral act) that he will be forcibly taken to the institution and will pay the expenses for his forcible escort if he doesn’t appear on the determined day in the institution.
(3) In determining the day of convicted person coming to the institution, should be taken in to consideration that the convict should have at least eight or maximum thirteen days left after he has received the prison invitation (referral act).
Article 90
(1) The Judge for execution of sanctions with submission of referral act to the convict, will also inform the institution about the day when the convict should come and will submit a copy of the enforceable and executable verdict with which the sentence was pronounced the sentence, an excerpt of the criminal records, as well as other available information on the convict's personality in his disposal.
(2) If the convict failed to appear on the determined day for execution of the imprisonment sentence the institution without delay will inform the Judge for execution of sanctions.
(3) The Judge for execution of sanctions in regard to the situation stipulated in paragraph 2 of this Article, will issue immediately order to the Ministry of Interior for apprehension of this convict with what the judge will request from the unit issuing of search warrant, if the convict is concealed or at large, for the purposes of his location and escort to the institution for execution of the imprisonment sentence.
Article 91
(1) The judge for execution of sanctions will bring a decision concerning the payment of the expenses made because of the convict’s apprehension and transportation to the institution.
(2) The convict has a right to lodge an appeal against the decision foreseen in paragraph 1 of this Article to the penal council of the court competent for execution of sanction within three days after he has received the decision.
(3) The appeal itself does not postpone the execution of the decision.
2. Delay of the beginning of execution of the sentence imprisonment
Article 92
(1) Upon the request of the convicted person who is on freedom, the execution of the sentence beginning can be postponed:
1) If he is hospitalized because of a very serious acute illness or from addiction;
2) If a death or a serious illness happened within the closest family of convicted person;
3) If the postponement is necessary for carrying out or completing the pressing field or seasonal matters or for the matters caused by natural disaster or by other accident and if there is no sufficient labour force within the convicted person’s family;
4) If the convicted person is obliged to carry out determined work being already started by him, which an execution shall cause a more significant damage;
5) If the postponement is needed for the convicted person to finish the schooling year or to pass his prepared examination;
6) If a spouse or other members of the joint household are convicted together with the convicted person, or some of them are already serving the sentence, and with referral that all these persons serve their sentence would have endangered the care of the aged, ill or juvenile members of his family, or the normal function of that household would have come in to a question;
7) If a female is convicted, whose child is younger than one year, or she is pregnant and there are not more than three month’s before her giving a birth; and
8) If it is necessary for the convict a determined time to take care and educate the children or to take care of the helpless persons for whom he is obliged to do so, according to the opinion given by the organs of social protection within the municipality where those children or persons have their own permanent or temporary residence.
(2) The execution of the sentence referred in the paragraph 1, item 1 of this Article, can be postponed as long as the illness or the medical treatment lasts, for the cases referred in paragraphs 2, until 4 and 8 of this Article at most for three months in the cases referred in paragraph 5 of this Article it may be postponed until the end of school year and for a period of six month for the exam; in the cases referred in paragraph 6 it can be postponed at the longest for a period of six months and until the child becomes one year of age in the cases referred to in paragraph 7 of this Article.
(3) The convict whose execution of imprisonment sentence referred in paragraph 1, item 1 of this Article has been postponed, is obliged to submit a proof of his health condition every 30 days.
(4) The postponement request for starting the execution of the imprisonment sentence for the cases referred in paragraph 1 and item 1, can also be submitted by the spouse, first blood relative, adoptive parent, adoptee, brother, sister and guardian.
Article 93
(1) The request for postponing the execution of the sentence beginning is ought to be submitted within three days from the day of the reception of the referral act. If the reason for the postponement stipulated in the Article 92 paragraph 1, items 1 and 2 of this Law had occurred after that deadline, the request can be submitted until the day when the convicted person should appear to start the execution of his sentence.
(2) Sufficient evidence should be enclosed together with the request, to justify the reasons for the postponement.
3) Upon the request for postponing the beginning of execution of the sentence of an imprisonment shall be decided by the judge for execution of sanctions who is obliged to bring a decision within three day after the reception of request. Before bringing the decision, the judge may investigate the circumstances stated in the request. The beginning of sentence’s execution will be postponed until the decision on the request is not rendered.
Article 94
Against the decision refusing the request for postponing the beginning of execution of the imprisonment sentence, the convict is entitle to lodge an appeal to the Criminal Council of the competent court for execution of sanctions within three days from the day of the reception of the first-degree decision. The appeal postpones the execution of the sentence. The Criminal Council is obliged to decide upon the appeal within the term of three days after the reception of appeal.
Article 95
(1) If the convicted person with imprisonment sentence has been called to serve his compulsory military service or military exercise, he shall be first referred to serve the sentence before serving the compulsory military service that is military exercise.
(2) If the person while serving the compulsory military service or military exercise has been convicted up to 6 months for a criminal act committed before the commencement of his compulsory military service or military exercise, the beginning of serving the sentence shall be postponed until the end of the compulsory military service that is military exercise.
(3) The execution of the sentence is also postponed to the convict being sentenced with the imprisonment sentence or juvenile imprisonment up to two years, if it has been pronounced for criminal act committed before he has began to serve his compulsory military service and if there aren’t more than six months until the end of his military service.
Article 96
(1) When the competent Public Prosecutor according to his lawful authorisation will request postponement of the commencement of serving the imprisonment sentence, the Judge for execution of sanctions will not summon the convict to serve his sentence, but, if he has already called and the deadline to appear in the institution didn’t expired, the judge will bring a decision to postpone the commencement of the execution of sanction.
(2) The postponement of the commence of execution of the sentence in the cases foreseen in paragraph 1 of this Article, will last until the Public Prosecutor does not inform the Judge for execution of sanctions that the execution of the imprisonment sentence can start , respectively until the decision upon Public Prosecutor's legal remedy has not been passed.
(3) The decision for the postponement of the commence of execution of sentence, which has been brought upon the request of the Public Prosecutor, shall cease to be valid, if the Public Prosecutor did not use any legal remedy within the term of 30 days from the day of the decision's reception.
Article 97
(1) According to the conducted procedure, the Judge for execution of sanctions may revoke the postponed beginning of the execution of sentence of imprisonment if the reasons according to which was allowed ceased to exist, , as well when the convict did not use the allowed postponement for the purposes for which it had been given.
(2) The Centre for Social Welfare, the Public Prosecutor and the Unit for Internal Affairs will inform the Judge for execution of sanctions about the reasons for revoking the decision for postponement of the imprisonment sentence.
Article 98
The postponement of the beginning of the execution of the imprisonment sentence may also be decided by the court, competent for making a decision on the request for repetition of criminal procedure which was submitted in favour of the convict and also upon the request for an extra –ordinary revision of the enforced verdict, under the conditions stipulated with law.
Article 99
(1) The Judge for execution of sanctions will reject the resubmitted request for postponement of the beginning of sentence's execution according to the same ground under article 92 of this Law for postponement of the commence of execution of sentence.
(2) The re submitted request will not postpone the beginning of sentence’s execution.
3. Reception of convicts
Article 100
(1) At the reception of convict in the institution, his identity shall be identified with the data contained in his identity card or in any other document suitable for establishing his identity.
(2) The data contained in the convict's verdict should be identical to those contained in his personal documents, under which the convict's identity is established.
(3) If the data referred to in paragraph 2 of this article are not identical or the identity of the convict can not be established, than the Directorate shall be obliged to establish the convict's identity within 24 hours by using the MoI's identity records.
(4) At his reception in the institution, the convict will be photographed and fingerprinted, and his documentation shall be scanned.
Article 101
(1) The data on the day and hour of the convict's reception in the institution, his identity, the referral act's number, the number and the date of the verdict, the data’s obtained from examining convict's personality and the report on his health situation, shall be recorded, completed and kept as official documents of confidential nature, which are accessible only for the authorized official persons.
(2) After the reception, the convict will be referred to the division for examining his personality and for determining the treatment and conduction with regard to him (e.g. receipting division). The convict shall stay in this division maximum 30 days.
(3) In the institutions within which the imprisonment sentence up to two years is executed in the reception unit, the convict shall be kept up to 15 days.
Article 102
In the reception division, the convict will be acquainted with the house rules of the institution, the rights and duties during serving the sentence and with the way of their realization.
Article 103
(1) The Judge for execution of sanctions will be informed immediately about the convict's reception in the institution.
(2) The institution is obliged to inform the respective Centre for Social Welfare about the convict's reception.
(3 The institution, together with the information stipulated in paragraph 2 of this article, is obliged to notify also whether the convict has juvenile children or others whose care is his responsibility only,
Chapter X
THE CONVICTS' POSITION
1. Convicts' classification
Article 104
Starting from the general principles of the executing a sentence of imprisonment as well as from the convict's position determined with a court judgement and from both the aims and criteria of the classification, both the expert team of the institution and its director shall determine the convict's classification, accommodation, programme on convict’s treatment and labour engagement.
2. Accommodation of convicts
Article 105
The premises for accommodation of convicts should meet the basic hygienic requirements and should be brought into conformity with the environment climatic conditions; furthermore, they should be appropriately equipped and constructed in a way which allows the needed ventilation and sufficient natural light.
Article 106
(1) The premises where convicts are accommodated must not be moist and each convict should be provided with at least 9 cubic meters space.
(2) The premises where convicts live and work therein must have the needed sanitary and hygienic installations and there must be provided also other conditions for maintaining personal hygiene; furthermore, they must be provided with sufficient light for the convicts to work and read without their eyesight to be injured thereby, and they must be heated and ventilated.
(3) All premises shall be kept in a clean and decent manner.
(4) The convicts may be allowed to decorate the premises, as their own privilege, if it does not violate the house rules.
Article 107
(1) The convicts shall be accommodated in separate rooms at night in accordance with the institution's possibilities, except in the cases when it is estimated that their joint accommodation has advantages.
(2) In cases of their accommodation in joint premises, a careful selection should be made of those convicts who are suitable for socializing with other convicts in these institutions. At night, there must be a supervision, which is brought into conformity with the institution’s type and nature.
(3) The convicts' accommodation in joint premises must not exceed the number of 5 persons in one sleeping room.
(4) Each convict must be provided with a separate bed.
3. Clothing and bedding of the convicts
Article 108
(1) The convicts shall be provided with clothing.
(2) The convicts may be allowed to wear their own clothing.
(3)The convicts who work shall be provided with working clothing.
(4) The convicts' clothing, underwear and shoes should be suitable for the climatic conditions and the season.
Article 109
(1) The clothing must not in any manner be degrading or humiliating one.
(2) Both the clothing and shoes should be clean and in good order. The underwear should be changed as frequently as it is necessary to maintain a personal hygiene.
(3) When the convict is allowed to go out of the institution, he has to be allowed to wear clothing which shall not call the attention of other people towards him.
Article 110
(1) The convict has to be provided with appropriate bedding suitable for the climatic conditions.
(2) The bedding should be maintained in a good order and changed as frequently as it is necessary for the bedding to be always clean one.
4. Convicts' personal hygiene
Article 111
(1) The convicts shall be obliged to maintain their personal hygiene and therefore they should be provided with water and with toilet articles as are necessary for both maintaining hygiene and preserving the health.
(2) Because of healthy reasons and in order to maintain their good appearance and self-esteem, the convicts should be enabled to maintain the hair and its cutting, and the convicts-males should be enabled to shave themselves.
5. Convicts' food
Article 112
(1) The convicts shall be provided with food, which must contain at least 12.500 joules daily per convict.
(2) The food shall be given in three meals daily, at the usual hours for it, and it shall be served in a decent way.
(3) The food must be adequate to the scientific knowledge as to food, and it has to be heterogeneous as well as tastefully prepared.
(4) The Director of the Directorate will govern an act for the norms for food preparation.
Article 113
(1) The food shall be equal for all the convicts and they shall be allowed to choose the food being prepared in the institution.
(2) The convicts performing heavier activities shall receive four meals daily.
(3) The ill convicts, pregnant females before their parturition and those after their parturition, shall receive a food according to the quality and type determined by a doctor.
(4) Every day before the meal’s distribution, the director, the doctor or other qualified person in the institution shall check up the food's quality and enter the findings into the control book.
(5) Healthy drinking water shall be available to the convicts at any time.
6. Convicts' rest
Article 114
The convicts have the right of eight hours-lasting unbroken resting during the day and one day-lasting rest per week.
Article 115
The convicts must be enabled to spend at least two hours daily outside the closed premises.
7. Convicts' work
Article 116
(1) The convicts work in accordance with their both physical and psychological abilities as determined by the institution's doctor.
(2) When determining the working engagement, according to the institution's possibilities, attention shall be paid to the convict's wish for performing certain activities.
Article 117
(1) The convicts' work shall be organised and performed as a rule in the institution's economy units.
(2) The convicts under open section treatment may also work outside the institution. The convicts under half open section treatment may occasionally work under supervision in legal entities and other institutions, if the requirements for the execution of the sentence of imprisonment as determined with this Law are met and if minimum technical conditions are provided.
(3) A person convicted to imprisonment of up to 6 months, and for a crime not related to the nature of the work, may work in the legal entity where he used to work prior to serving the sentence.
(4) The Director of the Directorate shall give consent for performing a work outside the institution upon a contract with the company or with other institution and will ensure a written consent from the convict.
Article 118
(1) The full working hours of the convicts shall be 40 hours weekly.
(2) As an exception, the full working hours of the convicts may last longer than 40 hours weekly, in the cases and under the conditions as stipulated by law.
(3) The convicts may work overtime up to two hours daily when they perform the activities necessary for maintaining hygiene and other ongoing activities necessary for the normal life in the institution.
(4) The duration of the full working hours shall be shortened for the convicts who attend classes of an elementary or secondary education.
Article 119
(1) The convicts shall have the right of compensation for the work.
(2) The compensation's height shall be determined depending on the type, quantity and quality of both the product and the work being done by the convict himself, as well as depending on his skilfulness for performing such a kind of work, his engagement in the work and his contribution to the decreasing of production costs.
(3) Both the convict’s compensation and rewards for work, shall not subject of paying taxes and other burdens.
(4) In accordance with the provisions of this Law, by means of a general regulation, the director of the Directorate shall regulate more specifically both the compensation and rewards for the work of convicts, and those who don't work without their own guilt shall be provided with the essential means for satisfaction of their personal needs.
Article 120
(1) The convicts being temporarily unable to work without their own guilt because of illness, shall have a right of compensation from the funds achieved by the convicts' work, with an appropriate implementation of the general regulations on health insurance.
(2) The convicts who don't work without their own guilt and who have not their own funds, shall be provided by the institution with the essential means for satisfaction of their personal needs.
Article 121
70% of the convict's compensation may be used to satisfy personal needs, and the remainder of 30% shall be kept as a deposit in the institution and shall be given to the convict at his release from serving the sentence or, upon his request, it may be given to his family during serving the sentence.
Article 122
As to the innovations and technical improvements achieved during serving their sentence, the convicts shall have the rights according to the general regulations.
Article 123
(1) The convicts having spent 6 months of an unbroken work, including here also the time spent for healing because of their labour injury or vocational illness, shall have a right of an unbroken annual vacation in accordance with the general regulations.
(2) If not otherwise stipulated by this Law, the vacation shall be spent in special premises of the institution. The stay in those premises during the annual vacation should be organised in a way that will make possible relaxation, recreation and rest for the convict.
(3) During spending the vacation, the convict shall receive a compensation for work as if he has worked.
Article 124
(1) Both the sections and workshops where convicts work therein shall be contemporarily equipped.
(2) When organising sections and workshops, attention shall be paid to the ecological protection of the environment, land, air and waters against any kind of pollution.
Article 125
(1) The convicts shall have the minimum technical prerequisites for protection while performing work.
(2) The convicts shall have a right of disability insurance for an accident at work or a vocational illness.
8. Old age pension of the convicts
Article 126
The convicts shall be granted an accrued time for the period of time which they shall spend working with full working hours according to the general regulations, if they pay the contributions from the compensation for work.
9. Health care of the convicts
Article 127
(1) A physical doctor shall be obligatory employed in the institutions who shall take care of the convicts' health conditions.
(2) The convicts shall have a right of health protection according to the general regulations.
(3) The convicts shall be provided with the necessary medical aid and hospital treatment according to the general regulations.
(4) The expenses for the health protection of the convicted person shall be covered by the Budget of Republic of Macedonia.
Article 128
(1) The doctor has to check-up each convict and to determine the convict's personal state of health at his reception for serving the sentence and at his leaving the institution.
(2) The data on the convict's state of health shall be entered into his personal list.
Article 129
The convicts with determined physical and mental disturbances, as well as certain addictions, shall be subject to medical treatment in the institution, and when it is necessary, upon medical findings of a doctor, they shall be referred in an appropriate medical institution.
Article 130
The convicts suspected of being ill of a contagious disease, or noticed to suffer physical or mental disturbances which may prevent them from their adaptation in the milieu, shall be accommodated in special premises of the institution, upon both medical findings and referral by the doctor.
Article 131
The convicts who, during their serving the sentence, will get hold of mental illness, or demonstrate a severe psychological disturbance determined by a doctor-psychiatrist, shall be sent by the institution to the appropriate health institution for treatment and keeping until there is no longer a need for their further keeping and treating as determined according to the general regulations.
Article 132
(1) An ill convict may request a specialist medical check-up at his expense, if the institution's doctor has not determined such check-ups.
(2) The institution's director shall decide the convict's request after receiving an opinion by the institution's doctor.
Article 133
The time spent by the convict for his healing shall be included in the time being spent at serving his sentence of imprisonment.
Article 134
(1) If the convict endangers his health or life by refusing food or by refusing medical treatment, necessary medical measures to feed and heal him may be undertaken even without his consent.
(2) The institution's director, according to the institution's house rules, shall decide the expenses of the undertaking the necessary medical measures referred to in paragraph 1 of this Article.
Article 135
Upon every heavier disease and harder disturbance of the convict's state of health, the institution shall inform the convict's family about it.
Article 136
The young adults shall be subjected to systematic check up at least once a year.
Article 137
(1) As to the leave of absence from work, the general regulations shall be applied upon the convicts-females during their pregnancy, parturition and maternity.
(2) Convicted pregnant females and nursing mothers shall be provided with an expert medical care.
(3) As a rule, the convicted pregnant females, upon a proposal by the doctor, shall be referred to the maternity section four weeks prior to their parturition.
(4) As a rule, the convicted pregnant females shall give a birth in a general health institution, except in the cases when the necessary conditions for safe parturition of the convicted pregnant female are provided within the institution..
(5) As a rule, the convict-nursing mother shall stay in the maternity section until her child has become one year aged, if before it she has not been released from the serving her sentence.
(6) The birth registry must not include the data which shall imply that the child has been born in a penal-correctional institution.
10. Education of the convicts
Article 138
(1) As a part of the general system of education and training, an elementary education shall be obligatory organised in the institutions.
(2) The convicts' education may be organised in the institution itself or in the place of the institution's head office.
(3) The Ministry of Education and Science shall organise an obligatory elementary education for the convicts upon suggestion by the Directorate.
Article 139
(1) A certificate shall be issued for those convicts who have finished the appropriate type and degree of education.
(2) The certificate must not include any indication which implies that the education and training have been achieved in a penal-correctional institution.
(3) The convict may be allowed to attend a part-time education at his expenses in all the educational institutions at freedom if it is in conformity with the institution's house rules and work.
Article 140
The institutions may also organise special forms of vocational qualification of the convicts, such as training courses, seminars and other forms of vocational qualification with practical work, in accordance with the general regulations on vocational qualification.
11. Leisure activities, sport and recreation of the convicts
Article 141
(1) The institutions must be provided with conditions for organising and developing sports, recreational and other leisure activities, which are of relevance to the maintaining of physical and mental health of the convicts.
(2) The Programme on sports activities, recreation, achieving and satisfying cultural-artistic and other needs of the convicts, shall be regulated as a part of the convict's treatment and qualification. For this aim, the institution shall be provided with the necessary space and equipment.
Article 142
(1) The institutions shall have libraries.
(2) The convicts may use books and daily press in Macedonian language and in the language and letter of their ethnicity or in the language they speak.
(3) The convicts may use the library's books and daily press or they may provide them by themselves.
(4) Furthermore, the convicts shall be also enabled to use the other means of public information and communication.
12. A corrective work with the convicts
Article 143
(1) The corrective work with the convicts, as determined by the Programme, shall be also accomplished with a special care given for the resolving both the personal and common problems of the convicts through individual and group conversations as well as through implementation of appropriate methods and procedures of treatment.
(2) For the purposes of exerting a corrective influence, the convicts' self organisation shall be employed as a form of work, especially as to the matters of improving the conditions of common life and work as well as to the resolving problems of some convicts.
13. Satisfaction of the convicts' religious needs
Article 144
The convicts shall be allowed to satisfy their religious feelings and needs in accordance with the institution's conditions and possibilities.
14. The convicts' contacts with outside world
a) Correspondence
Article 145
(1) The convict shall have a right to keep up a correspondence.
(2) The correspondence in the institutions of closed type and in the closed divisions shall be performed under the supervision of the institution.
(3) The institution's director shall prevent the delivery of a letter if it is necessary for protection of the convict's personality or for the reasons of the institution's security.
(4) The convicted person shall be entitled without any kind of limitations to communicate with his defence lawyer, the state institutions and with the international organisations for protection of human rights.
b) Telephone calls
Article 146
(1) The convict may be allowed to have telephone calls.
(2) Upon request by his family, the telephone conversation with the convict may be allowed if it is necessary for him to be informed about something which is urgent and which can not be postponed.
(3) The telephone conversation in both the institution of closed type and in the closed division shall be made in presence of an official person.
c) Visits
Article 147
The convicts shall have a right to receive visits from the members of their closer family, and if allowed by the institution's director, they shall also receive visits from other persons.
Article 148
The convict is entitled upon his request to be visited by his defence lawyer or proxy holder who represents him in his legal and other affairs.
The visit of the defence lawyer shall be performed without presence of an authorised person.
Article 149
The organisation's representatives, associations, media, and scientific institutions can visit the convicted persons and the penitentiary institutions with permission by the director of the Directorate obtained in advance.
Article 150
(1) If convicted a foreign national, stateless person or refugee, the consular representatives of their states or of the state protecting their interests may visit those convicts in accordance with the rules of international law, under the conditions of the reciprocity.
(2) The consular representative shall be obliged to announce and appoint in advance his visit to the institution where the convict serves the sentence.
Article 151
While performing the visit, if security so requests, an authorised employee of the institution may search the person who makes that visit.
Article 152
(1) The visit of convicts may last up to 60 minutes.
(2) The institution's house rules shall determine the time, the way and the length of the visit's duration.
Article 153
(1) The Director of the Directorate will enable visits by representatives or authorised persons of the state organs and other institutions who, in accordance with this law, the general regulations and the International Law, are supervising the penitentiary institution's work.
(2) The Director of the Directorate will enable the representatives or authorised persons of competent state organs to make visits in order an enquiry to be conducted as well as to collect sufficient evidence for conduction of criminal procedures.
(3) The Director of the Directorate may permit visit of representatives of:
1) Institutions and associations tasked to work on the protection of the human rights of convicted persons
2) Means of public information
3) Institutions, science-educational institutions, associations and persons who work on a research study for elimination and prevention of crime.
(4) The visitor compulsory has to hand over written request with the explanation of the reasons for the visit.
(5) The Director of the Directorate may permit the visitor from paragraph (3) a conversation with convicts.
(6) The Director of the Directorate may allow taking photos of facilities from the penitentiary institution. The employees, as well as the convicts from the penitentiary institutions can be photographed only with their consent.
(7) The visitors will be warned which information is considered to be official and professional secret and that can only be published after the granted permission by the Director of the Directorate.
(8) The visit by a person stipulated in paragraph (3) from this article could be postponed or denied because of security reasons.
(9) In the penitentiary institutions the search towards the visitors from paragraph (1), paragraph (2) and paragraph (3) will be performed.
Article 154
The convicted person has the right to refuse any photographing, recording, as well as meeting the visitor.
d) Receiving mail parcels
Article 155
(1) The convicts may receive mail parcels.
(2) Both the articles' type and weight of the mail shall be determined by the institution's house rules.
(3) Before handing the mail parcel, its contents shall be checked up in the presence of the convict.
(4) The convicts have a right to receive a monetary parcel, which they handle in accordance with the institution's house rules.
15. Convicts’ marriage
Article 156
(1) The convict may be married while serving a sentence.
(2) If it is impossible for the marriage to be concluded before the competent organ at freedom, it shall be made in a special room of the institution.
16. Benefits of the convicts
Article 157
(1) As a result of their good behaviour and their working efforts, as well as to induce the convicts to have a good behaviour and to develop the sense of responsibility and an interest and co-operation in the treatment conducted in the institution, the convicts may be given some benefits, such as:
- extended visits or visits without supervision in the institution's premises;
- stay with the married or illegitimate partner in separate premises without supervision;
- visits outside the institution's premises;
- free exit from the institution up to 7 hours;
- leave up to fifteen days during one year, but the leave can not be longer than 3 days during a month’s period;
- entirely or partly usage of the leave outside the institution;
(2) Due to unjustified lateness for more than 24 hours when returning from a stay out of the institution, the director of the institution will issue an order for issuing a warrant.
(3) The time of the unjustified lateness from the stay out of the institution for more than 24 hours will not be calculated in the serving of the sentence.
(4) The conditions and the way of providing the benefits referred to in paragraph 1 of this Article, and the other benefits shall be regulated with the institution's house rules in accordance with the type of the institution,.
17. Convicts' displacement
a) Convicts' progression
Article 158
(1) While serving their sentence, depending on the results of their education, behaviour, participation in the work, the convicts may be progressed from closed to a semi-open or open type or in to appropriate departments of the same institution, and according their request, the convicts can progress from more liberal institution into open or semi-open department in institution with more strict regime, or from one into another institution of the same type, if there are ground reasons that will help in their more successful re-socialisation.
(2) More specific provisions as to the time which the convict has to spend and the conditions which he should meet in the institution of a certain type or in the appropriate division of the institution of general type shall be stipulated with this Law and with the general regulation taken by the director of the Directorate.
Article 159
(1) The director of the Directorate upon a proposal by the director of the institution or upon a request by the convict will decide on the progression of the convicts from one institution to another.
(2) The progression of convicts from one to another department of the institution shall be decided by the director of the institution, under the conditions referred to in Article 158 of this Law.
(3) The convict may submit a repeated request for progression, after expiration of 3 months from the legal-efficiency of the decision taken on his previous request.
b) Convicts’ re-progression
Article 160
(1) If the convict with his own behaviour and attitude towards the work has not justified the confidence for his referring or progressing to institution of more liberal type, he may be retained from such institution to an institution of more strict type that is in appropriate division of the same institution.
(2) The director of the Directorate upon a proposal given by the director of the institution shall decide the convict's return from an institution of more liberal type to an institution of stricter type.
(3) For the convict's return from a semi-open or open department to closed department of the same institution will be decided by the director of the institution.
c) Convict's transfer
Article 161
(1) The convict upon his request or upon a proposal by director of the institution, may be transferred from one into another institution of same type for further serving of his imprisonment, sentence if his life or corporal integrity has been endangered by his further stay in that institution or if the security situation of another convict or those of the institution have been endangered by his further stay there.
(2) A convicted person can be transferred for further serving of the sentence from one into another institution from a different type only on the proposal of the Director of the institution, if with the further stay in the institution the safety of the same one, the life of the convict, his/her integrity or the integrity of another convict is endangered. And also, if there are no conditions for a normal and safe execution of the imprisonment sentence, because of the overfull capacity of the institution, or because of the rationality in the court procedure which is conducted against the convict during the serving of the sentence in front of the court but outside of the institution’s residence where the convict serves the sentence, or due to a reasons where appropriate medical protection is necessary.
(3) The Director of the Directorate shall decide for the transfer.
(4) Against the decision of the director of the Directorate may be lodged a complaint to the Minister of Justice, within the term of 8 days after the receiving of that decision.
d) Termination of the serving sentence of the convicts
Article 162
(1) Upon request by the convict or upon proposal by the director of the institution, and according to the opinion of the prison medical service and by previous opinion of the competent public prosecutor, the judge for execution of sanctions may interrupt serving of the sentence longer than 30 days for the purpose of healing, if there are not conditions for the healing to be carried out in the institution or the institution shall refer him to an appropriate health institution.
(2) Sample from the decision should be also submitted to the competent public prosecutor.
(3) The convict being granted with the interruption of serving his sentence for the purpose of healing, shall be obliged to send a certification on his state of health to the judge of execution of sanctions every month. The judge for execution of sanctions shall revoke the decision for interruption of the sentence, if it is established that the reasons, under which that decision was taken, have been relinquished. .
(4) A proposal for putting the decision out of force can be submitted by the authorised public prosecutor. With proposal, the public prosecutor can request from the judge for execution of sanctions, to conduct independent medical examinations over the convicted person.
(5) Against the decision brought upon the request for the interruption of serving a sentence, the convicted person and the competent public prosecutor have the right to appeal to the criminal council of the court which is competent for execution of the sanction.
Article 163
(1) As to convicts sentenced with sentence of imprisonment, the director of the Directorate may stop the serving of their sentence for a period up to 30 days, because of the reasons referred to in the Article 92 of this Law.
(2) Against the decision taken by the director of the Directorate, the convict shall have the right to complaint to the Minister of Justice, within a term of 8 days from the decision's reception.
Article 164
The time spent during the interruption of the sentence is not included in the served sentence.
Article 165
If the convict has not returned to serve further his sentence after expiration of the time of the sentence’s stoppage referred to in Article 162 and 163 of this Law, the institution at once will inform the judge for execution of sanctions who will take legal measures for referring the convict to serve the sentence of imprisonment.
Article 166
The competent court may also decide for the interruption of serving the sentence when it decides for some extra ordinary legal remedies lodged by the parties in the criminal procedure.
18. Official persons' relation towards the convicts
Article 167
(1) In carrying out their duties, and in accomplishing the treatment and generally in the contacts or communication with the convicts, the official persons should behave towards them with the proper attention to their personality, with the necessary calm approach, toleration, tactfulness, seriousness and necessary firmness and equity, which shall stimulate the convicts' self-esteem and feeling of personal responsibility.
(2) The official persons should carry out their own duties in an honourable and impartial way, without both malice and bad intention, regardless of the status, sex, race, nationality, religion and political convictions of the convicts.
Article 168
The appearance and the behaviour of the official persons, during and after carrying out their duties, should serve as an example for the convicts, taking always into account the significance of functions and aims which are expected to be achieved from the work with the convicts, where their personal relation has also its own noticeable place thereat.
Article 169
(1) The institution and the official person shall take the necessary measures to achieve and maintain high level of expertness and to broaden the knowledge and competence of the employees who directly carry out activities in the treatment of the convicts.
(2) For accomplishment of the activities referred to in paragraph 1 of this Article, the director competent for the execution affairs upon a proposal by the institution shall take a Programme on permanent training of the official persons in the institutions.
(3) The Minister of Justice shall issue a Code on behaviour of the official persons in carrying out their working duties.
19. Protection of convicts' rights through usage of legal remedies
a) Legal advising and legal remedies for the convicts
Article 170
(1) The institution shall be obliged to provide the convicts information and legal aid how to use the legal remedies and how to take actions to protect their rights.
(2) The illiterate convict may also submit legal remedy or other petition request in minutes that will be taken in the institution.
Article 171
(1) To protect their rights related with their position and treatment in the institution, for questions in relation with the sentence, as well for protecting their families and interests, the convicts shall have a right to submit legal remedies, petitions and other requests to the competent organs and to receive answer from them.
(2) The legal remedies, petitions and other requests referred to in paragraph 1 of this Article, as well as the answers received shall be referred and received through the institution.
(3) On the legal remedy, petitions and other requests as well as on the envelope of the answers received, there shall be written the time and the date of their reception in the institution, and after it, all of them shall be at once sent to the addressee that is the answer shall be delivered to the convict.
(4) In submitting the legal remedies, the convicts shall have a right of discretion.
Article 172
As to the violated right or other irregularity, the convicts shall have a right of an oral complaint to the institution's director or to the person authorised by him.
Article 173
(1) The convicts shall have also the right of written complaint to the institution's director, within the term of 8 days from the day when the right's violation has taken place or 8 days from the learning about that violation.
(2) The illiterate persons are entitled to give the written complaint referred to in paragraph 1 of this Article, at the minutes that will be taken before the institution's official person, which is authorised by the institution's director.
Article 174
(1) The institution's director is obliged to examine the assertions stated in the complaint and to issue a decision within the term of 8 days from the day of appeal’s reception.
(2) Against the decision of the institution's director or in case when the director has not decided on the lodged complaint within the term stipulated in paragraph 1 of this Article, the convict has a right to lodge a appeal to the Directorate within a term of 8 days.
Article 175
(1) The Director of the Directorate is obliged to examine the assertions stated in the complaint and to issue a decision within a term of 15 days from the reception of the appeal.
(2) The Directorate's decision foreseen in paragraph 1 of this Article will be considered as final, and the convict has a right of court protection.
(3) The convict has also right of court protection, if he has not received an answer from the Directorate within the term determined in paragraph 1 of this Article.
Article 176
Against the decisions issued by the competent court on progression, re-progression, transfer, stoppage of the sentence for a period longer than 30 days and parole, as in other cases determined by this Law, the convict has a right of appeal to the higher court within a term of 3 days from the reception of decision.
Article 177
(1) If not otherwise stipulated by this Law, the convict's complaint will not postpone the execution of the decision, against which an appeal has been lodged.
(2) The procedure for protection of the rights of the convicts’, which have been initiated by using legal remedies, is urgent.
b) Convict’s right to complaint in front of the European Commission and European Court for Human Rights
Article 178
(1) The convict may submit a complaint to the European Committee for prevention from torture and inhuman behaviour and to High commissioner for Human rights in United Nations when he considers that his human rights have been violated during the serving of his sentence.
(2) Upon request by bodies referred to in paragraph 1 of this Article, the director of the Directorate shall entirely examine the complaint's assertions of the convict and he shall inform the appropriate body about the established facts through the Ministry of Justice.
(3) The director of the Directorate shall enable the representatives of the body referred to in paragraph 1 from this Article to have an immediate inspection and conversation with the convicts and the official persons, for establishing the situation upon a convict's complaint lodged to those bodies.
Chapter XI
MAINTENANCE OF ORDER AND DISCIPLINE
1. Convicts' duty to maintain order and discipline
Article 179
(1) Order and discipline are maintained in the interest of the institution's security, in order to enable joint life of the convicts and to achieve the aims of the treatment.
(2) The convicts are obliged to adhere to the provisions of this Law and house rules, to carry out the duties stemming from the programme on treatment and to adhere to the orders of official persons.
2. Convicts' disciplinary and material responsibilities
Article 180
(1) The disciplinary violations can be severe and light violations.
(2) Severe disciplinary violations are:
- not fulfilling the order given by the official person by which bigger disturbances will occur during the work in the institution;
- physical attack of official person or other convict;
- taking in or making tools which can be used for assault, escape or committing a criminal attack;
- escape from serving an imprisonment sentence;
- misuse of the given benefits;
- taking in or making of alcohol beverages or narcotics, their use and distribution;
- deliberate violation of the regulations for prevention while working, protection of fire, explosion or natural disasters;
- causing bigger material damage, if caused deliberately or by big negligence;
- making reselling;
- borrowing money or mutual putting in debt for usury interest;
- Use of coercion, performing psychological and physical shape of pressure towards other convicts and instigation towards it;
- Repetition of lighter violations.
(2) Lighter violations of the discipline are determined with the house rules of the prison.
Article 181
For violation of order and discipline upon the convicts the following disciplinary penalties may be implemented:
1. Warning;
2. Public warning;
3. Taking away a part of the labour compensation in amount up to 20% of it.
4. Limitation of the giving of benefits up to three months if the convict has misused the given privileges;
5. Referring to solitary confinement for a period of 3 to 15 days with or without the right to work
Article 182
(1) Disciplinary penalties are pronounced by the institution's director or by his deputy.
(2) During the disciplinary proceedings, the convict must be interrogated and his statement has to be double checked.
(3) While pronouncing the disciplinary sentence the behaviour of the convict and his previous disciplinary penalties shall be taken into consideration.
(4) Before the convict started to serve the disciplinary sentence of referring to solitary confinement, medical opinion for the state of his health condition will be issued by the doctor of the institution.
Article 183
(1) The disciplinary penalties, limitation for granting benefits up to 3 months, if the convict misused the given benefits and referring the convict to solitary confinement from 3 to 15 days with or without the right to work, can be pronounced for more severe disciplinary breaches..
(2) The execution of the disciplinary penalties, limitation while giving benefits and referring to solitary confinement, may be conditionally postponed up to 6 months, if there is reasonable expectation that the aim of disciplinary penalty shall be also achieved without execution of the disciplinary sentence.
(3) The conditional suspension of the execution of disciplinary sentence will be revoked if the convict which is conditionally sentenced will be again disciplinary punished during the period of the suspended execution. In case when the suspended execution of sentence is revoked, there shall be pronounced one sentence for the previous and for the new disciplinary violation, and here, the referring to solitary confinement may be pronounced up to 30 days.
(4) The disciplinary sentence solitary confinement in duration of 30 days can be also pronounced to a convict for committed severe disciplinary destruction which is anticipated as a criminal act for which a fine is foreseen or carrying a sentence of imprisonment up to 1 year.
(5) The execution of the pronounced disciplinary sentence can not be postponed if the convict is punished for a violation, which is foreseen as criminal act for which the Law prescribes imprisonment to one year.
Article 184
(1) While executing the disciplinary sentence of referring to solitary confinement, the convict shall be provided with the necessary hygienic and medical services and he shall be enabled to read books and newspapers.
(2) The room, where the disciplinary sentence of referring to solitary confinement is executed, must have a size of at least 9 cubic meters, and it has to be lightened with natural light, equipped with a sanitary facilities, drinking water, bed with bed linen, chair and table, and it must be heated.
(3) The convict being disciplinary punished with his referring to solitary confinement, shall be provided with a stay at fresh air for one hour daily outside from the closed premises.
(4) The punished person shall be visited by a doctor everyday, and the institution's director shall visit him at least once week.
Article 185
The disciplinary sentence of referring to solitary confinement shall not be executed or shall be suspended, if the execution endangers the health of convict. Here the pronounced disciplinary sentence may be replaced with another milder sentence.
Article 186
The director of the institution may suspend the execution of disciplinary sentence, if he has already established that the aim of disciplinary punishment was achieved through the execution of sentence by that time.
Article 187
(1) The convict is responsible for the damage he has caused in the institution intentionally or through his extreme carelessness.
(2) Commission appointed by the director of the institution will decide for the facts, if there is damage, the height of the damage and under which condition and circumstances the damage was done and also for the terms and way of compensation of the damage.
(3) In case when the convict has refused to pay the damage, the institution may also accomplish its own demand by bringing a legal suit before the competent court.
Article 188
(1) Against the decision regarding the pronounced disciplinary sentence, as well as against the decision referred to in Article 187 of this Law, with which for a damage compensation has been decided, the convict shall have a right of complaint to the director of the Directorate, within a term of three days.
(2) The convict's complaint shall not suspend the decision's execution.
(3) The procedure of deciding on the complaint shall be urgent.
3. Use of forcible means and firearm
Article 189
(1) The use of forcible means may be applied against the convict when it is necessary, but not more than it is necessary, to prevent an escape from an institution and at conveying, as well as for the purposes of preventing a physical attack, injuring, causing a material damage or surmounting a resistance of convicts in relation to lawful order taken by an official person.
(2) The forcible means, which may be used, are the following: the separating, tying, rubber truncheon, hoses with water, chemical means and dogs.
(3) The conditions and the way of use of the forcible means shall be determined by general act of the Directorate’s director.
Article 190
(1) While performing an official action, the member of the service for security may use a firearm if it is otherwise impossible to:
1. Protect the human life;
2. Refuse a direct attack that endangers his life;
3. Refuse an attack on object being secured by him;
4. Prevent an escape of convict from the institution of closed type that is from closed department in the institution;
5. Prevent an escape of convict during his conveying, if he has been sentenced for a criminal act carrying a sentence of imprisonment of 15 years or longer.
(2) The member of the service for security may use a firearm, if the usage of other forcible means could not secure the carrying out of the official action.
(3) In case when the official action is performed under direct leadership of the director of the institution or by the official person who is leading the service for security, the member of the service for security may use the firearm only on their order. The order for usage of firearm may be issued only if the conditions referred to in paragraph 1 and 2 of this Article are met.
(4) In using the firearm, the member of the service for security shall be obliged to keep the life of other persons.
Article 191
(1) The member of the service for security shall make a report on the use of any forcible means and firearms.
(2) The use of any forcible means shall be reported to the Directorate, which estimates the justification of the use of forcible means.
Article 192
(1) The illegality and the responsibility of the official person, who has used the forcible means or who has ordered their usage, shall be excluded, if such forcible means had been lawfully used.
(2) If criminal, disciplinary or other procedure is leaded against the official person which lawfully ordered usage of forcible means and firearms he shall be provided with an expert aid in such proceedings.
4. Catching of convict - fugitive
Article 193
(1) For the purposes of immediate catching the convict, who has escaped from an institution or during his conveying, the member of the service for security under a court decision may enter in house and other premises of citizen and perform search (according to the need) for the purposes of finding the escaped convict, if he has seen or obtained information that the escaped person is sheltered in that house or premises.
(2) In cases referred to in paragraph 1 of this Article, the member of the service may use the traffic and communication means being accessible to him, in order to transport or to help the person being injured thereat.
(3) To the user of the traffic or communication means referred to in paragraph 3 of this Law, shall be given a receipt for compensation of expenses, by the institution for whose member that means has been used.
Article 194
(1) In case when a convict has escaped, the institution shall be obliged immediately to inform the Ministry of internal affairs.
(2) The institution shall also inform the Ministry of internal affairs for cases of bigger disturbances of the institution's order and shall ask for help for re-establishing the order.
(3) In cases referred to in paragraph 1 and 2 of this Article, the institution shall inform the Directorate and the judge for execution of sanctions.
Chapter XII
CONVICTS' RELEASE FROM SERVING A SENTENCE
1. Bases for releasing the convicts
Article 195
The convicts will be released from serving a sentence after they have served the entire sentence, as well as upon the decision of competent organ for pardoning of the remaining part of the sentence, or under the decision for parole or when there is a decision from the institution's director on premature release from serving the sentence.
2. Preparation for release from the institution
Article 196
(1) The convict will be prepared for release from serving the sentence from the beginning of his serving a sentence in the institution.
(2) The preparation's activities for releasing the convict will be intensified at 3 months before the expiration of sentence that is before the day when it is supposed that the convict will be released. These convicts will be referred to division for releasing, where the preparation's activities will be taken according to the special programme on preparation for releasing the convicts.
(3) During the preparations of convicts for their release, they will be instructed about the consequences of the sentence for their possible repeated commission of a criminal act as well as about the possibilities of removing such consequences and those of avoiding the recidivism.
(4) During the convict is in the releasing division, according to the need, he may be allowed to go out from the institution in order to ask for a job and for his accommodation.
(5) At two days before releasing the convict, he shall be released from work, in order to be enabled to prepare himself for going out.
Article 197
(1) Before releasing the convict, he will be checked up by the doctor of institution, which will in written establish the convict's state of health at the moment of his releasing.
(2) In case when the convict is seriously ill during the time of his release from the serving sentence, the institution shall put him into the nearest health institution.
(3) If the convict has no resources to pay the expenses for his healing, the institution shall bear the expenses made during the first month of his healing, and the further healing shall be decided according to the general regulations.
Article 198
The institution will bear the convict's travel expenses made from the institution to the place of his permanent residence that is his temporary residence if the person doesn't have funds for this determination.
Article 199
(1) At releasing the convict from the institution, he shall be given his identity card and discharge papers by the institution. The convict shall also be given his other articles and his saved money from his work in the institution.
(2) The discharge papers shall contain a data on the release's time and on both the place and the time where and when he should come to the competent organ of internal affairs.
(3) If the convict does not have his identity card, the discharge papers shall serve as an evidence for establishing his identity.
3. Release after the served sentence
Article 200
(1) The convict will be released from serving the sentence in institution on the day and hour when the serving of sentence expires.
(2) If the last day of the serving sentence is Sunday or holiday, the convict shall be released on the previous day.
4. Release after the pardoned sentence
Article 201
The convict shall be released from serving a sentence from the institution on the day, when the act of amnesty or of pardoning, taken by a competent organ, shall release him from further serving his sentence of an imprisonment.
5. Release upon a parole
Article 202
The convict is released from serving the sentence on the day when the release is determined by the decision on parole.
6. Proceedings of a parole
Article 203
(1) Under the conditions stipulated by law, either the convict or a member of his closer family may submit a request for release under the bases of parole.
(2) A proposal for releasing a convict under the bases of parole may also be submitted by the director of institution.
Article 204
The parole of the convict shall be decided by the court having taken the judgement in first instance, in a council composed of three judges who shall decide beyond the main hearing.
Article 205
(1) Before deciding on the parole, the first instance court shall request a data, from the institution and the institution's official persons and the convict may be interrogated about the circumstances pertaining the convict's personality, his behaviour during the serving of sentence, carrying out of his labour duties and about other circumstances, under which it may be concluded whether the aim of punishment was achieved and especially whether the convict is likely to commit further criminal acts in future.
(2) The proposal of the director of the institution shall be represented and justified by a representative of the institution where the convict serves the sentence.
Article 206
(1) The request that is the proposal for parole may be again submitted after the expiration of 6 months (when the imprisonment concerned is longer than 1 year) that is 3 months (when the imprisonment concerned is up to 1 year) from the legal-efficiency of the decision, which has refused the previous request of the convict that is the proposal of the director.
(2) The decision, which the court has taken on the parole, shall be sent to the convict, the family member having submitted a request for parole, the institution where the convict serves a sentence as well as to the Administration for internal affairs according to the place of permanent residence that is the temporary residence of the convict, if the decision is positive one.
Article 207
In the decision for parole, the court may determine protective supervision under the convict, which is composed by special measures for aid, care, supervision or protection, which are accomplished by the social body.
Article 208
Against the decision, which has refused the request or the proposal for parole, the convict and the authorized public prosecutor have the right of complaint to the higher court within a term of 8 days.
7. Release upon a decision of the director
Article 209
(1) The director of an institution may also release the convict maximum 30 days before the expiration of a sentence if the convict has served three-fourths of the sentence of imprisonment and if the convict didn’t got a parole.
(2) The Director of the Directorate fortifies criteria with a general act for pre release of the convict before the sentence expiry.
Chapter XIII
CONVICTS' HELP AFTER THEIR RELEASING FROM
THE INSTITUTION
Article 210
(1) The after releasing help is a number of measures and actions which are applied for better socialization of the convicts in their life at freedom and it is consisted of: providing an accommodation and food, health treatment, counselling about the choice of accommodation and stay, arranging his family circumstances, finding an employment, completing of his started vocational training, providing him with money for covering the essential needs, as well as other forms of help and support.
(2) Three months before releasing the convict needing a help after being on freedom, the institution shall inform the Centre for Social Welfare as determined according to the convict's permanent residence that is his temporary residence, about the day when he should be released and it shall indicate the type of the help which he needs especially for his successfully entering the life at freedom.
Article 211
If the convict doesn't have his own clothes, underwear or shoes nor the funds to provide them, the institution shall provide him with such articles free of charge.
Article 212
(1) After releasing from the institution, the convicted person can request help and support from the Judge for execution of sanctions.
(2) The Judge for execution of sanctions shall cooperate with the Centre for Social Welfare and can issue a written order for taking the needed measures referred to in paragraph 1 of Article 210.
Chapter XIV
PREPARATION OF A FINAL REPORT
Article 213
(1) Before releasing the convict from the institution, the service for re-education in the society shall conduct a poll and shall prepare a final report on the re-socialisation programme carried out with the convict and on the estimation as to the achieved level of his re-socialization
(2) Immediately before the convict goes out, the director or the employee being assigned by him shall talk with the convict, giving him thereby advices about the life at freedom.
(3) The final report shall be included in the personal list of the convict.
(4) The final report shall be delivered to both to the regional unit of the Ministry of Interior and the Centre for Social Welfare as are determined according to the place of permanent or temporary residence of the released convict, to the judge for execution of sanctions and it shall also be sent to other state organs according to the need.
Chapter XV
INFORMATION ABOUT THE CONVICT'S DEATH
Article 214
(1) In case when the convict has died during serving his sentence, the institution is obliged immediately to inform about his dead his closer family, the Judge for execution of sanctions, the Directorate and the registry clerk in the institution, and other state bodies when needed.
(2) The body of the deceased convict shall be checked up by a doctor, who shall establish the reasons of the death.
(3) If there is a doubt that the convict's death has been violent one, the Law on Criminal Procedure shall be applied thereto.
(4) The mortal remains of the convict shall be given to his family. In case when the members of his family do not agree to take his mortal remains, the convict shall be buried at the local cemeteries at the expenses of the institution.
Chapter XVII
AN EXECUTION OF A FINE
Bodies and procedure for execution of a fine on individuals
Article 215
(1) The proceedings on payment of fine shall be taken ex officio by the court having pronounced the fine in first degree.
(2) If the convicted person does not have a resident stay or accommodation in the area of the court which pronounced the fine in first instance than the court of first instance is obliged to deliver the effective verdict for the payment of the fine to the respective court where the convict has regulated accommodation or a resident stay.
Article 216
(1) If the convict has not paid the fine within the term determined it shall be forcible executed.
(2) The convict shall bear the expenses of the forcible payment of the fine.
Article 217
(1) Before the implementation of the forcible payment of the fine the Judge for execution of sanctions will send a last warning notice to the convict to pay the fine which can not be more then 15 days from the day of sending the notice.
(2) If the convicted person does not pay the fine in the given time period than the fine will be paid on forcible way in accordance to Article 2 paragraph 4 from the Law on Execution of Sentences .
(3) If the forcible payment fails, than the fine will be replaced with imprisonment sentence.
Article 218
(1) If the convicted person can not pay the fine immediately than he an opportunity to pay the fine on instalments will be given which should be no longer than two years with a possibility for an additional three months of extension.
(2) If the convicted person does not pay the instalments on time than the court will revoke its decision for paying the fine in instalments and will carry out an immediate payment of the fine or will replace the fine with an imprisonment.
Article 219
If both, the forcible payment of fine and the expenses of the criminal procedure are being carried out simultaneously, the expenses of criminal proceedings will be paid primarily.
Article 220
During the execution of the fine, the convicted person has the right to submit a complaint only in relation to the correctness of the clause on effectiveness and enforcement of the verdict.
Article 221
(1) The Judge for execution of sanctions shall decide upon the complaint.
(2) The complaint will be approved in a case of irregularity of the clause on effectiveness and executive of the verdict, thus when it has been established that the handing in of the verdict has not been conducted in accordance with the provisions for the way of handing in of the verdict from the Law on Criminal Procedure and the Law on Misdemeanours
Against the decision which rejected the complaint, the convicted person has the right to appeal in a deadline of three days from the day of deliverance of decision through the basic court that reached decision in first instance to the criminal council of the court authorized for execution of sanctions.
Article 222
(1) The funds of the paid fines will be transferred on the account of the Republic's budget.
(2) The funds from paragraph 1 in this Article in the height of 50% will be used as earmarked funds for construction, equipping and modernizing of the working conditions in the institutions and courts.
Option (alternative):
(2) 25% of the funds referred to in paragraph 1 of this Article shall be used as earmarked funds for construction, equipment and modernizing of the working conditions in the institutions and courts.
(3) 25% from the rest of the 50% of the funds referred to in paragraph 1 of this Article which are transferred in the Republic's Budget shall be transferred in the budget of the municipalities where the court that pronounced the sentence is located.
EXECUTION OF AUXILIARY PENALTIES
Chapter XVII
BAN ON PERFORMING A PROFESSION, ACTIVITY OR DUTY
Article 223
(1) For the purpose of the execution, the competent court delivers the effective judgment, with which the security measure of banning on performing a profession, activity or duty has been pronounced, to the legal entity, competent organ for issuing a permission for performing profession, activity or duty, to the competent organ of the labour inspection in the place of the convict's permanent of temporary residence, as well as to the competent organ for registering..
(2) The ban on performing a profession, activity or duty after the decision is effective will be executed ex-officio by the court where the subject is registered.
(3) The court shall put the pronounced sentence with a remark in the register list and will publish the same.
(4) The effective sentence referred to in paragraph 1 of this Article will be also sent to the regional unit of the Ministry of internal affairs in the place of the convict's permanent or temporary residence.
(5) In case when the person placed under the security measure referred to paragraph 1 of this Article has changed the place of his permanent that is temporary residence, and the time for which this measure was pronounced has not expired, the Ministry of internal affairs shall inform its competent court in the place of the convict's permanent that is temporary residence about it.
Article 224
(1) In case when the performing a profession, activity or duty is connected with possessing a license or permission issued by a competent organ, this sentence shall be executed by taking away of such license that is such permission or through banning on their issuance until the expiration of the sentence's time.
(2) The labour inspection executes the sentence referred to in paragraph 1 of this Article by taking activities, which shall disable the convict to perform a certain profession, activities or duty.
(3) The labour inspection shall inform the competent court about the execution of the sentence.
BAN ON OPERATING WITH A MOTOR VEHICLE
Article 225
(1) The competent court will deliver the effective sentence having pronounced the sentence of ban on operating with a motor vehicle, for the purposes of its execution, to the regional unit of the Ministry of internal affairs as determined according to the place of permanent that is temporary residence of the convict upon which that sentence is pronounced.
(2) The execution of the sentence referred to in paragraph 1 of this Article will be consisted of inserting the ban for operating with a motor vehicle of certain type or category into the driving license, or it shall be consisted of ban on issuing such a driving license to the convict for the time pronounced.
(3) The pronounced sentence of ban on operating with a motor vehicle shall be entered into the sentence records.
(4) In case when the convict, upon which had been pronounced the sentence referred to in paragraph 1 of this Article, has changed the place of his permanent that is temporary residence and the time pronounced for this sentence has not expired, the regional unit of the Ministry of internal affairs shall inform the competent court in the new place of the convict's permanent that is temporary residence about that sentence.
Article 226
(1) The sentence of a ban on operating with motor vehicle of certain type or category, pronounced upon a person possessing a foreign driving license for operating with a motor vehicle, shall be executed by the regional unit of the Ministry of internal affairs as determined according to the place of the commission of the criminal act.
(2) The driving license will be returned to the foreigner when he leaves the territory of the Republic of Macedonia.
EXPELLING A FOREIGNER FROM THE COUNTRY
Article 227
(1) For the purposes of its execution, the competent court delivers the effective sentence pronouncing the sentence of an expelling a foreigner from the country to the Ministry of Interior.
(2) The sentence referred to in paragraph 1 of this Article, will be executed according to the provisions of the Law on Movement and Residence of Foreigners.
EXECUTION OF ALTERNATIVE MEASURES
Chapter XVIII
BODIES AND PROCEDURE FOR EXECUTION OF ALTERNATIVE MEASURES
Article 228
With the provisions from this chapter the measure execution of the protective supervision is regulated with the decision pronounced for suspended sentence or provisional release, community useful work and house arrest.
1. Body for execution of alternative measure
Article 229
(1) The alternative measures are executed after the court decision by which they are pronounced becomes effective.
(2) The alternative measures are enforced by the Department for Execution of Alternative Measures (in the further text: department) in the authorised Centre for Social Welfares, depending on the residence or rather the stay of the convict.
(3) The Department shall be composed of 3 skilled persons who hold licenses for execution of alternative measures issued by the Directorate for execution of sanctions.
(4) The conditions, the procedure and the way for issuing and taking away the license from paragraph 3 shall be prescribed by a special act brought by the Directorate for execution of sanctions.
(5) The expenses for execution of the alternative measures, if not regulated differently by the law, will fall to the account of the body that conducts them.
2. The procedure for execution of alternative sanctions
Article 230
(1) The Department will determine individual plan and programme for implementation of the alternative measures, in accordance with the criminal act, the personality of the committer, its family status, property status and with accomplishing of certain obligations by the convicted person, if they are fixed.
(2) The Department will keep a register and a file for the convicted person during the conduction of the alternative measures and updates the Directorate regularly.
Article 231
The Department at least once in 3 months or according the court’s request will inform the court for the results from the conduction of the alternative measures and execution of the obligations by the convict’s side if they are fixed.
Article 232
(1) If the convicted person doesn’t accept the alternative measure, the Department is obliged to inform the court the latest within 8 days.
(2) The court that pronounced the measure shall perform the supervision over the legislation in execution of the alternative measures.
(3) The Directorate for execution of sanctions will perform skilled-instructor's supervision over the execution of the alternative measures.
(4) For the performed supervision and the established situations, the inspectorate and the judge for execution of sanctions, each in its own frame of authorisations, will compile a minutes.
(5) The Inspectorate and the judge for execution of sanctions mutually will inform themselves for the established situations in execution of the alternative measures and for the established illegitimacy due to the supervision.
(6) The Director of the Directorate will regulate with a special act the execution of the skilled-instructor’s supervision.
Article 233
The provisions from the Law on executing of sanctions will be applicable appropriately and in accordance with the execution of the alternative measures, if in this chapter it hasn’t been determined otherwise.
1. Execution of the protective supervision pronounced with a probation judgement
Article 234
The Department from article 229 paragraph 2 from this law will execute the protective supervision pronounced with a probation judgement.
Article 235
The Department, in its plan for conducting of the protective supervision, will fortify the type; the duration and the conducting of the supervision which should be accomplished in respect of fulfilment on certain obligations by the convicted person.
Article 236
(1) The Department due the conduction of the protective supervision can make suggestions to the court for the stated obligations to be replaced with others, or can extend the duration of the protective supervision in the frame of the check up time, or to revoke the probation judgement.
(2) If the Department evaluates that the aim of this measure is achieved, will inform the court which pronounced the measure, and can make suggestion for termination of the further execution of the protective supervision.
2. Execution of community useful work
Article 237
(1) For execution of a community useful work, the Directorate for execution of sanctions shall make an agreement for community service with a state body, public enterprise, institution, and unit of the local self-government or with a humanitarian organisation where the convicted person will execute its obligations.
(2) The Directorate will inform the Department from article 229, paragraph 2, and the court that pronounced the measure, for the agreements for execution of community useful work.
(3) The Director of the Directorate will bring special act for the types and conditions of execution of community useful work.
(4) The community service is free of charge service.
Article 238
The Department will authorise a person for the supervision due the execution of the community useful work.
Article 239
(1) If the convicted person doesn’t fulfils or fulfils the working obligations disorderly, the Department shall warn the convicted person orally and immediately informs the authorised court.
(2) If the convicted person, after a written warning, continues with the same attitude, the Department will suggest the court to increase the number of the working hours or to give a proposal for execution of the measure for 3 months at the most if there are justified reasons, or to replace the un-executed part of the measure with pecuniary penalty or imprisonment, so it’s been calculated 1 day imprisonment for every 3 hours of general useful work.
(3) If the convicted person doesn’t executes the community work pronounced as a replacement for pecuniary penalty or imprisonment, the Department will propose to the court to bring a decision for execution of the pronounced sentence.
1. Execution of the house arrest
Article 240
The Department from article 229 will execute the house arrest, article 2, according the residence, or rather the stay of the convicted person.
Article 241
(1) The Department will determine a person that will perform the supervision over the enforcement of the house arrest.
(2) While execution of the house arrest, the Department can ask for police assistance.
Article 242
(1) The Department will assist and support the convicted person due the execution of the house arrest in accordance with the individual plan for execution of the measure, approved by the judge for execution of the sanctions.
(2) The Department will warn the convicted person verbally if he/she doesn’t follow the ban for not leaving the house and informs the court for that.
(3) If the convicted person continues with such an attitude, the Department will propose to the court, the entire substitute imprisonment sentence to be executed in the prison.
C. AN EXECUTION OF SECURITY MEASURES
Chapter XIX
COMPULSORY PSYCHIATRIC TREATMENT AND KEEPING IN A
HEALTH INSTITUTION
Article 243
(1) The security measure of a compulsory psychiatric treatment and keeping in a health institution will be executed in the health institution founded for such purpose or in a health institution for mental disturbed persons.
(2) With the decision pronouncing the security measure referred to paragraph 1 of this Article, the court will also determine the health institution where that measure will be executed.
(3) In case when the security measure referred to paragraph 1 of this Article has been pronounced with a sentence of an imprisonment, the convicted person will be firstly referred to serve the security measure.
Article 244
(1) The person, against whom the security measure of compulsory treatment and keeping in health institution is to be executed, will be referred to the health institution by the judge for execution of sanctions, and he will be conveyed by a health employee of the institution as determined by the court. From security reasons, it may be determined that the conveyance should be secured by the organ of internal affairs.
(2) If the person referred to paragraph 1 of this Article is detained in health institution, he will be conveyed by a member of the security service of the institution where he is kept in pre-trial detention.
(3) The conveyance's expenses will be paid by the competent court.
Article 245
Against the persons, upon whom the security measure of compulsory psychiatric treatment and keeping in health institution is being executed, may be applied the limitations of both their movement and contacting in such an extent which is necessary for the purposes of the treatment and keeping as well as for the purposes of the maintaining of both house rules and discipline in the health institution.
Article 246
(1) The health institution, where the security measure of compulsory psychiatric treatment and keeping in health institution is being executed, shall be obliged at least once a year to inform the court having pronounced that measure about the person's state of health.
(2) In case when the health institution estimates that the need for treatment and keeping has been ceased, it shall propose to the competent court to stop the further execution of that measure. As to the convicts with an essentially decreased sanity and whose sentence is not expired, the health institution may propose a parole for those convicts.
Article 247
If the court has decided that the convicted person is to be referred to serve the remaining of his pronounced imprisonment sentence, it shall request the penitentiary institution, where the convict has to serve the sentence, to convey him in that penitentiary institution.
Article 248
(1)The expert-instructing supervision in the health institution, where the security measure of compulsory psychiatric treatment and keeping is being executed, shall be performed by an authorized medical inspector of the Ministry of Health.
(2) Supervision over the legality in executing the measure referred to paragraph 1 of this Article shall be performed by the Judge for execution of sanctions.
Article 249
With consent of the Minister of Health and the Minister of Justice shall take a general regulation, which regulates the health institution's house rules in relation to the persons upon which the security measure of compulsory psychiatric treatment and keeping is being executed.
Article 250
The expenses of the execution of the security measure of compulsory psychiatric treatment and keeping in a health institution will be covered from the Budget of Republic of Macedonia.
Chapter XX
COMPULSORY PSYCHIATRIC TREATMENT AT FREEDOM
Article 251
(1) The security measure of a compulsory psychiatric treatment at freedom will be executed in the health institution which was determined with the decision passed by the first instance court.
(2) The measure referred to in paragraph 1 of this Article, will be executed by the judge for execution of sanctions in accordance with the person's permanent or temporary residence.
Article 252
The health institution, where the compulsory psychiatric treatment at freedom is executed, is obliged to inform the competent court about the health condition of the person upon which this measure is executed, at least on every 6 months as well as about the result of his treatment.
Article 253
The provisions of the Articles 248 - 250 of this Law are applicable in relation to the expert-instructing supervision, the supervision over the legality, the general regulation on the house rules and the expenses of executing this measure.
Chapter XXI
COMPULSORY TREATMENT OF ALCOCHOL AND
DRUG ADDICTS
Article 254
The security measure of a compulsory treatment of alcohol and drug addicts shall be executed in a health institution referred to Article 243, paragraph 1 of this Law.
Article 255
If within the penitentiary institution the conditions for a compulsory treatment of alcohol and drug addicts are not present, when this measure has been pronounced with the imprisonment sentence, or in case when it has been pronounced with a pecuniary penalty or suspended sentence, the measure will be executed in the health institution determined with the decision of the court which pronounced this measure.
Article 256
In accordance with the provision of Article 255 of this Law, the Judge for execution of sanctions will send the person to execute the compulsory treatment of alcohol and drug addicts directly in the penitentiary institution or in the health institution.
Article 257
The health institution, where the compulsory treatment of alcohol and drug addicts is being executed, is obliged at least on 6 months to inform the court which pronounced the first instance decision, about the state of health of the person, upon which this measure is executed, as well as about the result of his treatment.
Article 258
(1) The health institution will inform the court which pronounced the first instance decision about the completed treatment of the person, upon which the compulsory treatment of alcohol and drug addicts has been pronounced.
(2) In case when the convicted person without any justified reason has not been subjected to treatment or if he has left the treatment, the health institution will inform the competent court about it.
Article 259
(1) The expenses of the execution of a compulsory treatment of alcohol and drug addicts in the health institution is covered by the Budget of the Republic of Macedonia.
(2) The expenses of the execution of a compulsory treatment of alcohol and drug addicts after the convict has been referred to serve the rest of his imprisonment sentence in the penitentiary institution will be paid by the penitentiary institution.
Article 260
The provisions of Articles 248 and 249 of this Law shall apply in relation to the expert-instructing supervision, the supervision over the legality and the general regulation on the house rules.
EXECUTION OF CRIMINAL SANCTIONS AGAINST JUVENILES
Chapter XXII
SPECIAL PROVISIONS FOR EXECUTING THE SENTENCE OF
JUVENILE IMPRISONMENT
Article 261
If not otherwise stipulated with this Chapter of this Law, the sentence of juvenile imprisonment will be executed according to the provisions of this Law.
Article 262
(1) The juveniles will serve the sentence of juvenile imprisonment in special penitentiary institutions for executing a sentence of juvenile imprisonment (hereinafter referred to as the juvenile institutions), being separated from the adult convicts, until they turn 23 years of age.
(2) The juveniles of male sex have to be accommodated separately from the juveniles of female sex. They may be brought together within the framework of educative, social and entertaining programmes or programmes on vocational training.
(3) After turning 23 years of age, the persons sentenced to a juvenile imprisonment shall serve the sentence according to the provision for deployment of convicts and juveniles in both penitentiary and correctional institutions.
Article 263
The Juvenile Institutions will necessarily have the minimum safety and physical obstacles to the extent which prevents the escape of the juvenile, but they have to be constructed in a way that they will not cause a physical injure to the juvenile who has tried to escape.
Article 264
The number of juveniles in one institution should enable the individualization of the treatment.
Article 265
The juvenile institution must have an open division, where the juvenile will progress, when it will be established that because of absence of physical security he will not escape and he will adhere to the order based on self-discipline in the division.
Article 266
The procedure of receiving a juvenile in the juvenile institution should be carried out in such way so that the unpleasant psychological effects of the deprivation of liberty shall be reduced to minimum.
Article 267
The treatment being carried out upon the juvenile, according to the expertly prepared programme as established by the Minister of Justice with the consent of the Minister of Education and the Minister of Labour and Social Policy, should encourage and help the juvenile,, inducing thereby positive features and development of his personality and enabling him vocation and preparation for life at freedom.
Article 268
(1) At night, the juveniles will be accommodated in separated sleeping rooms in one premise, according to the institution possibilities.
(2) If at night, because of shortage of space more juveniles are accommodated in one room, and their number must not be higher than five persons, supervision should be organized in such way so that each juvenile shall be given protection.
Article 269
Both the type of activities and the elementary education of the juvenile should be determined according to the programme of treatment.
Article 270
(1) A teaching of elementary upbringing and education as well as other kinds of vocational training of the juvenile, can be organized in the juvenile institution depending on the conditions and possibilities of the institution.
(2) The choice of work, the kind of training and the vocational qualification shall be made according to the institution's possibilities, taking into account the physical abilities and personal characteristics of the juvenile as well as his fondness for some kind of vocation.
(3) If there are not conditions for organizing training in the juvenile institution, the juveniles may attend training at the school in the place of the juvenile institution's headquarters.
Article 271
The juvenile convict shall be provided with food, which daily must contain at least 14.600 joules.
Article 272
(1) The juveniles should be provided with conditions for physical education and sport.
(2) The juveniles should practice sport and other free activities two hours per day at fresh air, and whenever the weather conditions do not allow it, the same should be carried out in special premises for physical and recreational education.
(3) The juveniles should spend at least two hours per day in amusement activities.
(4) The juveniles should spend at least two hours per day in qualification for and performing of vocational activities.
Article 273
(1) The medical service and the doctor in the juvenile institution should have knowledge of the children's psychology and the treatment in cases of mental disease and other psychological disturbances.
(2) The doctor should perform a regular checkups and controls of the juvenile’s health, and he should take the necessary measures for their treatment in case of disease.
(3) The family of the juvenile should be informed about his state of health.
Article 274
(1) The juvenile may be allowed by the director of the juvenile institution to have a leave in order to visit his parents and family two times during one year, in the time when the juvenile is not attending school.
(2) The leave referred to in paragraph 1 may last up to 14 days, taking into consideration the success and intercessions of the juvenile in the learning process and in the juvenile institution.
Article 275
The juveniles should be given privileges, which shall induce them to involve in the activities in the juvenile institution, developing thereby positive characteristics and self-esteem.
Article 276
(1) The juvenile may be sentenced with the disciplinary sentence of solitary confinement maximum up to 10 days.
(2) The duration of the disciplinary sentence referred to in paragraph 1 shall be terminated immediately when it has been estimated that there is no longer a need of its further execution.
EXECUTION OF AN EDUCATIVE MEASURES
Chapter XXIII
COMMON PROVISIONS
Article 277
(1) The provisions of this Chapter shall apply to the juveniles -perpetrators of criminal acts upon which an educative measure has been pronounced.
(2) The provisions of this Chapter shall also apply to younger adults, upon which an educative measure has been pronounced and executed.
Article 278
The aim of the execution of educative measures shall be to secure a normal development of the personality of juveniles -perpetrators of criminal acts through their protection, help, education and upbringing.
Article 279
(1) In executing the educative measures, the treatment of the juveniles has to be humane and dignified one, and it has to be suitable to the age, the level of mental development and the fondness of the juvenile person; a feeling of personal responsibility should be developed among the juveniles and they shall be induced to participate in their own education and correction.
(2) The juveniles should be provided with conditions for an elementary and secondary education as well as with conditions for their vocational qualification.
Article 280
(1) The execution of educative measures shall be an urgent one.
(2) The educative measures shall be executed immediately after the court decision pronouncing such measures is legally valid and when there is no obstacle for their execution.
(3) The execution of educative measures may be suspended only in case and under conditions as are stipulated with this Law.
Article 281
(1) The court, which has taken the decision pronouncing the educative measure, if it is not competent to execute that measure, shall be obliged, immediately after the decision is legally valid, to send that decision to the Judge for execution of sanctions according to the permanent or temporary residence of the juvenile. Enclosed to that decision, the court of first instance shall also send a birth certificate and a school certificate of the juvenile, data about his possible previous criminal history and about the results of the proceedings taken therefore, as well as data on his state of health, social and psychological anamnesis and other information obtained from the examination of the juvenile personality.
(2) The Judge for execution of sanctions shall sent the executive sentence together with the other data referred to in paragraph 1 of this Article, for the purpose of its execution to the Centre for Social Welfare, which shall, depending on the type of an educative measure, execute such measure, perform social supervision over the execution of that measure, or refer the juvenile to the appropriate institutional facility.
(3) The Centre for Social Welfare shall inform the parents, the guardian of the juvenile and the competent court about the preparation and the beginning of the execution of an educative measure.
Article 282
Competent to act for the purposes of execution of the educative measures, are the competent court and the Centre of Social Welfare according to the place of permanent or temporary residence of the juvenile person, upon which the educative measure is executed.
Article 283
If not otherwise stipulated with this Law, the expenses of the execution of an educative measure shall be borne by the organ or the institution executing such a measure.
Article 284
(1) The persons being obliged to support the juvenile shall bear a part of the expenses for executing the educative measure, in amount of one-third of the salaries if it shall not endanger the support of their family.
(2) Both the height of the part of expenses referred to in paragraph 1 of this Article and the way of its payment shall be determined by the court in the very decision which has pronounced the educative measure, taking into account the material situation of the person.
(3) The amount referred to in paragraph 1 of this Article shall be paid in the budget of Republic of Macedonia.
Article 285
(1) Both the Directorate and the Ministry of Labour and Social Policy shall perform an expert-instructing supervision over the execution of the educative measures.
(2) The competent court shall perform supervision over the legality in the executing of educative measures.
Chapter XXIV
AN EXECUTION OF DISCIPLINARY MEASURES
1. Referral to Disciplinary Centre for Juveniles
Article 286
(1) The educative measure of referral to disciplinary centre for juveniles shall be executed in a disciplinary centre for juvenile (hereinafter referred to as Juvenile Centre).
(2) The Juvenile - Centre referred to in paragraph 1 of this Article shall be founded with act of the Government of the Republic of Macedonia.
(3) The educative measure referred to in paragraph 1 of this Article may also be executed in the existing shelters, boarding schools and in other educative institutions and institutions for work with the youth, if a juvenile disciplinary centre is organized during the free time in those institutions located in the place of the permanent or temporary residence of the juvenile.
(4) The Minister of Labour and Social Policy, with the consent of the Minister of Education shall determine in which institutions, referred to in paragraph 3 of this Article, a Juvenile – Centre will be organized.
Article 287
(1) After receiving the decision the Centre for Social Welfare, in agreement with the Juvenile-Centre, shall be obliged within a term of 10 days to call the juvenile together with his parents to come to the Juvenile-Centre on the given day and hour, for the purpose of executing the disciplinary measure.
(2) The parents or the guardian shall be obliged to secure that the juvenile regularly comes to the Juvenile-Centre.
(3) In case when the juvenile will not come on the given time in the Juvenile-Centre, or if he does not come regularly or he has stopped coming there, the Juvenile-Centre shall inform both the Centre for Social Welfare and the competent court about it.
Article 288
(1) The referral of juvenile in the Juvenile-Centre on holiday’s and for a period of given number of hours during the day, shall be executed within the time from 08:00 am to 20:00 pm during the free time of the juvenile.
(2) The referral of juvenile in the Juvenile-Centre, for the purpose of his permanent stay for a given number of days, shall be executed in his free time. This measure shall be also executed in the cases when the juvenile person is labour-engaged, continuing thereto to attend the school or to continue to work, and by the Juvenile-Centre he shall be provided with food and accommodation.
Article 289
(1) The juvenile shall spend the time in the Juvenile-Centre in working and learning as well as in performing free sports and cultural activities, under a control by experts.
(2) The Programme on the Juvenile-Centre’s activities shall be taken by the Minister of Labour and Social Policy with consent of the Minister of Justice.
Article 290
(1) The juveniles in the Juvenile-Centre must adhere to the provisions of the house rules, the rules on working discipline and the orders given by the official persons.
(2) Against the juvenile, who has disturbed the working discipline or who does not come regularly in the Juvenile-Centre a reprimand can be pronounced by the Juvenile-Centre’s director.
(3) In case when the juvenile has continued his irregularity and who has repeatedly disturbed both the order and the discipline, his stay in the Juvenile-Centre may be prolonged for a period of two hours more by the director of Juvenile-Centre. The director shall inform both the Centre for Social Welfare and the competent court about the pronounced disciplinary measure.
Article 291
(1) A record on the juvenile stay shall be kept in the Juvenile-Centre.
(2) After the educative measure has been executed, the Juvenile-Centre shall send a report to both the Centre for Social Welfare and the competent court about the influence of the measures taken against the juvenile and the results achieved in the educative work.
(3) In case when, after the execution of the educative measure of referral to disciplinary centre for juveniles, the court has put the juvenile under a strengthened supervision by the Centre for Social Welfare, together with the report referred to in paragraph 2 of this Article the Court shall also send an opinion of the expert employees of the Juvenile-Centre about the juvenile's personality and the results achieved in the execution of the measure,
Chapter XXV
EXECUTION OF THE MEASURE OF A STRENGTHENED
SUPERVISION
1. A strengthened supervision by the parents or the guardian
Article 292
The execution of the educative measure of a strengthened supervision by the parents, the adoptive parent and guardian, shall start on the day when the competent court has sent the decision pronouncing this measure to the parent or the guardian being obliged to execute the measure.
Article 293
The parent, the adoptive parent or the guardian shall execute the measure through taking a permanent and complete care regarding the education of the juvenile as well as through taking the measures which shall prevent the harmful influence on the juvenile and through carrying out the orders and the instructions of the Centre for Social Welfare and those of the competent court during the execution of the measure.
Article 294
(1) The parent, the adoptive parent or the guardian shall be obliged to enable the Centre for Social Welfare to check the execution of this measure.
(2) The juvenile’s parent, adoptive parent or guardian and the Centre for Social Welfare, shall inform the competent court about the course of the execution of the educative measure, within the term determined by the court and at least once at six months.
Article 295
If during the execution of the educative measure of a strengthened supervision, a disagreement has taken a place between the juvenile's parent, adoptive parent or guardian and the Centre for Social Welfare, the disagreement about the way of the execution of this measure shall be decided by the court which has pronounced that measure.
Article 296
(1) The Centre for Social Welfare shall make a report on the way of the execution of the educative measure of a strengthened supervision by the parents or guardian, as well as on the results achieved in executing this measure.
(2) The Centre for Social Welfare shall send the report referred to in paragraph 1 of this Article to the competent court.
2. A strengthened supervision in other family
Article 297
(1) The Centre for Social Welfare shall entrust the execution of the educative measure of strengthened supervision in other family to the family determined in the court decision.
(2) After receiving the decision of competent court, the Centre for Social Welfare shall inform the family referred to in paragraph 1 of this Article that on the given date within a term of 15 days it will turn over the juvenile person to that family for the purpose of executing the educative measure of a strengthened supervision in other family.
Article 298
(1) The Centre for Social Welfare shall conclude an agreement with the family determined in the court decision, which shall regulate their mutual rights and duties in connection with the accommodation and carrying out of the strengthened supervision over the juvenile.
(2) The agreement referred to in paragraph 1 of this Article shall determine the height and the way of paying the expenses of the juvenile’s accommodation as well as the conditions and the term of terminating that agreement.
Article 299
During the execution of the educative measure of a strengthened supervision in other family, the juvenile shall be provided with conditions for maintaining the connections with his family if the competent court has not otherwise determined upon a proposal by the Centre for Social Welfare.
Article 300
The provisions of the Articles 290 and 291 of this Law shall also apply in the execution of the educative measure of a strengthened supervision in other family.
3. A strengthened supervision by the social welfare organ
Article 301
(1) After receipt of the decision of the competent court having pronounced the educative measure of a strengthened supervision by the social organ, the social welfare organ shall prepare a programme on accomplishing a strengthened supervision over the juvenile, which shall determine the way of achieving the care regarding his education, employment, healing if necessary, his separation from the environment exerting harmful influence on him and arranging the family and other circumstances in which the juvenile lives.
(2) Immediately after receipt the decision, the Centre for Social Welfare shall inform the juvenile‘s parents or his guardian about the fact that within 15 days it shall start to accomplish the strengthened supervision over that juvenile and it shall inform them about the programme on the strengthened supervision, which shall be carried out by it.
(3) The Centre for Social Welfare shall assign an expert employee who shall take a permanent care for the execution of the strengthened supervision and the carrying out of the programme referred to in paragraph 1 of this Article.
Article 302
The provision of the Article 288 of this Law shall be appropriately applied to the execution of the educative measure of a strengthened supervision by the Centre for Social Welfare.
Chapter XXVI
AN EXECUTION OF INSTITUTIONAL MEASURES
1. General provisions
Article 303
According to the provisions of this Law the institutional measures shall be executed through a referral in educational institution, as well as with referral in correctional facility.
Article 304
(1) The Centre for Social Welfare after the reception of the decision rendered by the competent court with which the institutional measure has been pronounced upon the juvenile, shall request from the juvenile's parents, adoptive parent, and his guardian, within a period of 15 days to bring the juvenile towards whom such institutional measure has been pronounced in the institution on specified day. The Centre for Social Welfare shall also inform the institution about the date, when the juvenile should report him self in order to meet the purposes of execution of the educational measures
(2) The institution, in which the institutional measure is executing, shall inform both the Centre for Social Welfare and the competent court about the date of juvenile reception and the commencement e of the institutional measure performance.
Article 305
If the juvenile did not appear for execution of the institutional measure or by his own will decline the institution, the manager of the institution shall inform the Centre for Social Welfare, the competent court and the regional unit of the MoI in order to catch the juvenile and apprehend him into the institution for execution of the institutional measure.
Article 306
The institution, where the institutional measure shall be executed the latest 3 months before the planned liberation of the juvenile should inform the Centre for Social Welfare about the liberation, and shall propose to the Centre measures which should be carried out for the further education of the juvenile.
Article 307
(1) The Centre for Social Welfare in consultation with the parents, adoptive parent or guardian of the juvenile through their inclusion for preparing the acceptation of the juvenile in the institution, the Centre for Social Welfare shall take care especially for arranging the family circumstances of the juvenile, will ensure his temporary accommodation and food if it is not provided in the family, also will take care in providing clothes and shoes for him, take care in providing healing, as well will assist him in selecting of an appropriate environment and education and employment of the juvenile person also.
(2) The Centre for Social Welfare shall inform the competent court about the taken preparations.
Article 308
(1) Upon a request by the juvenile person or by his parents, adoptive parent or guardian, the beginning of the execution of an institutional measure may be postponed under the conditions determined in the Article 92 paragraph 1 ( 1,2,5 and 7) and the Articles 93 and 94 of this Law.
(2) The provision of the Article 99 of this Law shall apply to the re-submitted request referred to in paragraph 1 of this Article.
2. Referral to an educational institution
Article 309
The educational measure of referral to educational institution shall be executed in an educational institution intended for education and social protection of children and youth.
Article 310
The Centre for Social Welfare will inform the director of an educational institution about the decision for pronouncing the educational measure as well as about other data on the juvenile personality, the social and other circumstances where he lives, and shall inform the competent court about the institution where the educational measure upon the juvenile person shall be executed.
Article 311
(1) The juvenile person will be placed in same conditions in the educational institution and he will have the same rights and duties as the other juvenile accommodated in the institution, with the exception for special attention which will be paid to his education and supervision.
(2) Only both the director of an institution and the educator, to which the juvenile person is entrusted, shall be informed about the fact that an educational measure of institutional type has been pronounced and executed upon the juvenile.
Article 312
(1) During the school vacation and holidays when the educational institution does not work, the juvenile can be sent to his parents, adoptive parent or guardian or to his close relatives.
(2) In the case when the juvenile could not be accommodated according to paragraph 1 of this Article, the Centre for Social Welfare shall determine a temporary accommodation of that juvenile during that period.
(3) The time spent outside of the educational institution during the school vacation and holidays will be considered as a time spent in the institution.
Article 313
The director of an educational institution is obliged, at least every 6 months or when it is requested by the competent court, or by the Centre for Social Welfare, to inform them about the success in application of the educational measure against the juvenile.
3. Referral to a correctional facility
Article 314
(1) The work in the correctional facility shall be organised on such a way so that the conditions for elementary and secondary education and upbringing should be ensured for the juvenile for acquiring and developing positive habits of valuable features and for working training and qualification for different professions.
(2) If there is not an education programme of a certain grade or direction of education in the correctional facility, the juvenile may attend such an education programme outside of the correctional facility also.
(3) In the correctional facility, the juvenile person shall be provided with conditions for an active usage of his free time through cultural, entertaining and sports activities.
(4) In the correctional facility, the juvenile person may maintain contacts with his family and other persons and institutions, which may have a positive impact on his re- socialisation.
Article 315
(1) The identity of the juvenile person shall be established at his acceptance in the correctional facility.
(2) At the beginning of the execution of educational measure, the juvenile shall be informed about the house rules, his rights and duties which he will have during the execution of the educational measure, the way of exercising the determined rights and about the disciplinary measures which may be pronounced upon him.
Article 316
(1) After the acceptance in the correctional facility, the juvenile person shall stay in the receiving division up to 30 days.
(2) An expert team in the receiving division, through application of scientific methods, will conduct a social-medical and psychological-pedagogical examination of the juvenile's personality.
(3) The expert team making the examination referred in paragraph 2 of this Articles, will be composed of a psychologist, pedagogue, social worker and doctor, as well as other experts as there will be needed
Article 317
(1) Within the receiving division, the methods of educational work with the juvenile are determined, the working engagement is co-ordinated with the teaching programme in the elementary school and secondary education as well as with the workshops and the economy where a practical training is performed and where measures for more successful resettlement are proposed.
(2) Based on the result obtained from the examination of juveniles’ personality in the reception division, the classification will be done, as well the programme for individual work will be determined overall all more significant personal characteristics, the contents and methods of the work which will stimulate the juvenile for his active participation whilst present in the correctional facility.
Article 318
(1) The juveniles are classified in educational groups inside the correctional facility according to their age, mental development, character and other personal features, which enable application of individual adjustable simulative methods of work with the juvenile in groups and educational and re educational measures which will disable or prevent interrelations negative influences also such as undertaking of measures for keeping the order and discipline as well for respecting the rules of group activities.
(2) The educational groups stipulated in paragraph 1 of this Article, might include maximum 10 juveniles and they shall have own (special) educator.
Article 319
(1) In order to meet the needs of the juveniles’ correctional process, the type of the work shall be determined in accordance with the juveniles’ physical and mental capabilities and also in accordance with the capacities of the correctional facility..
(2) During the determination of the type of work, an attention shall be paid to the juvenile‘s wish to perform a certain type of activities.
(3) In the selection of the profession which shall be studied by the juvenile, for which a teaching programme will be organised in the secondary education, an attention shall be paid on the juveniles' capabilities and interests, also on the correctional facility’s capacities as well as to other circumstances relevant for accomplishing the aim of the educational measure.
Article 320
(1) The juvenile persons, who have completed their education or who had been vocationally qualified, are asked to work full working time, in accordance with the general regulations.
(2) The juveniles who attend a school for secondary upbringing and education or for a certain type of profession shall be requested to work in accordance with the regulations and teaching programme foreseen by the school they are attending.
Article 321
(1) For the purpose of the both elementary upbringing and education and secondary education, within the correctional facilities, a teaching programme of an appropriate type, workshops and economies for a practical work are organised.
(2) The juvenile persons who will obtain a qualification in the correctional facility will receive a certificate. The certificate must not indicate that the qualification has been obtained in a correctional facility.
(3) When according to the general regulations, the time spent on work from certain type are recognised as a basis for gaining certain qualification for such qualification the time spent on the same type of work in the educational- correctional home shall be also admissible except that this period may not be considered as a working experience and it may not be count as a basis of obtaining other rights.
Article 322
The juvenile in the educational – correctional facility, who has started a secondary or other type of education, can be enabled to continue his education outside of the home if with his attitude and engagement in his studying he serves as an example for the others and if he deserves it also.
Article 323
(1) The juveniles in the correctional facility shall be provided daily with a food of three meals, containing at least 14.600 joules
(2) The ill juveniles receive a food in prescribed quantity and type determined by the doctor.
(3) The juvenile persons are provided with clothes, shoes and underwear free of charge.
Article 324
The correctional facility is satisfying the most necessary needs of the juveniles who do not work without their fault and who do not have their own means.
Article 325
The juveniles without any limitation can be visited by the members of their closer families within the house rules restrictions; they can be also visited by other persons, with the permission issued by the director of a correctional facility.
Article 326
(1) The juveniles may correspond with their parents and close relatives without limitations.
(2) The director of a correctional facility may also approve the correspondence with other persons, if it does not reflect harm on the juveniles.
Article 327
(1) The juvenile persons have a right to receive parcels with clothes, objects for personal use, books and daily press, with the contents not educational harmful.
(2) The juveniles may also receive money, which can be spent only within the frames determined according to the house rules.
Article 328
(1) The director of the correctional facility may permit the juveniles with a leave during the year up to one month due to the visit of their parents or close relatives.
(2) As a rule, the leave shall be given during the school vacation and during the holidays and weekends.
(3) A joint summer holiday outside the facility may be organised for the juveniles who are in the correctional facility,
(4) The time spent on leave or on the joint summer holiday will be calculated as time spent in the facility.
Article 329
(1) The juveniles, who do not attend classes for the elementary upbringing and education and secondary education, but who had continuously worked 11 months (including here also the time spent on healing due to their work injury or their professional disease), shall be entitled to use vacation of at least 18 days during the year with the possibility to use the vacation in two parts as summer and winter holiday.
(2) As a rule, the vacation shall be spent with their parents, guardian or closer relatives. For those who do not have where to go and are keen to run away or there is a risk to continue with committing criminal acts and to disturb the public peace and order, the facility’s administration for them can organise joint vacation within or outside the facility.
(3) The decision on using a vacation will be issued by the home's director, upon the recommendation of teacher.
Article 330
(1) For a violation of the order and discipline regulated in accordance with the house rules, for the juvenile a disciplinary punishment referral to solitary confinement may last from 3 to 7 days
(2) The juvenile must not exercise the disciplinary punishment alone in the premise determined for that purpose.
Article 331
The provisions of this Law are applicable also on the organisation and the work of the correctional facility as well as on the execution of the educational-correctional measure for directing into correctional facility if it is not otherwise stipulated with the provisions of this Chapter.
EXECUTION OF ALTERNATIVE MEASURES TOWARDS JUVENILES
CHAPTER XXVII
Article 332
(1) The Alternative measure community work pronounced towards juvenile shall be executed in accordance with the provisions from the chapter XVIII of this Law.
(2) If the alternative measure community work pronounced towards the juvenile it has been subsequently substituted with the other measure referring into disciplinary centre for the juveniles, the provisions for execution of this measure will apply in accordance to this law.
PART THREE
EXECUTION OF THE PUNISHMENT TOWARDS LEGAL ENTITIES
Chapter XXVIII
Organs and procedure for execution of fine towards the legal entities
Article 333
(1) The procedure for payment of fine pronounced towards the legal entities is launched on ex officio basis by the court from first instance, which has rendered the fine.
(2) The court will start with the payment of the fine after the validity of the judgement and after the period for voluntary execution of payment determined with the same judgement will expire.
Article 334
The court on the convicted legal entity will send warning notice in order ask for payment of the fine within the time no longer then 15 days from the day when the warning notice has been sent.
Article 335
The paid fines from the legal entity are calculated in the Budget of the Republic
Article 336
(1) The Bank where the legal entity is having bank account to which execution of the fine has been imposed, is obliged to inform the competent court that has reached the decision from the first instance within the time of 8 days from the date of the execution.
(2) The Bank from paragraph (1) of this article is obliged also to inform the court in case when the execution is not possible to be performed within the time of 8 days since it will be established.
Article 337
(1) If the convicted legal entity doesn’t pay the fine within prescribed time, the court on the ex officio basis will sent warrant to the bank for forcible payment of the fine through the bank account of the company.
(2) If in the time when the bank received the warrant for forcible payment on the account of the convicted legal entity and no financial means have been found, in this case the bank is obliged to keep the warrant in the record and when the financial means will arrive on the account of the company to perform the payment and shall immediately inform the court about that.
(3) If the court was informed from the bank that the warrant for forcible payment can not be performed then the court will request data from the registration court and also from the Central Register for the statutory changes of the convicted legal entity.
(4) The forcible payment of the warrant issued by the court can be also executed through the Revenue Bureau in accordance with the principles for payment of the public incomes from the legal entity.
Article 338
(1) If the bankruptcy procedure for liquidation has been opened towards the convicted legal entity the court is obliged to send the warrant for priority in the payment to the bankruptcy manger or the court competent for liquidation.
(2) If the convicted legal entity has been transformed or has joined to another company then the forcible payment will be enforced only to the level of the value of undertaken property of the convicted legal entity.
Article 339
(1) If the fine can not be executed from the property of the legal entity because the legal entity doesn’t have such a property or the existence has been terminated before the fine was executed, then the fine will be executed from the property of the founder or founders of the company proportionally to their invested parts i.e. in case when it is stock holding company the fined will be executed from the property of the share holders or from the property of the partners proportionally to their parts.
(2) The fine towards the foreign legal entity shall be executed from the property confiscated from the Republic of Macedonia or trough the implementation of the international agreement, from the property abroad.
Article 340
The convicted legal entity will pay the expenses for the execution of the fine.
Article 341
The provisions regarding the appeal procedure (objection) stipulated in paragraph 220 and 221 are applicable towards the legal entity as well.
Article 342
The means obtained through the payments of the fines from the legal entities are paid and classified in way specified in article 222 from this Law
EXECUTION OF THE SENTENCES FOR TEMPORARY BAN ON PERFORMING CERTAIN PROFESSION AND PERMANENT BAN ON PERFORMING CERTAIN PROFESSION
Article 343
The sentences temporary and permanent ban for performing certain profession shall be executed by the organ competent for enforcement of the registration of companies with signing up the registration into registration folder.
Article 344
The organ accountable for inspection is taking care to prevent the legal entity towards which the ban was issued within the certain time period not to perform the prohibited profession. For this purpose the first instance court will send a copy of the legally valid verdict to the competent organ for inspection.
EXECUTION OF THE SENTENCE TERMINATION OF THE COMPANY
Article 345
(1) For execution of the sentence termination of the company the provisions from the law which are regulating the procedure for termination will be appropriately implemented.
(2) The procedure for termination of the company will be initiated by the court that has reached the judgement ex officio in the first instance.
Chapter XXIX
EXECUTION OF THE CONFISCATION OF THE PROPERTY AND PROPERTY GAIN AND SEIZURE OF THE ITEMS
1. Confiscation of the property and property gain
Organs and procedure for execution of the sentence confiscation of property and property gain
Article 346
(1) To the person to whom the confiscation of the property and property gain was pronounced, the property and the gain, which he owned in the time when the judgement became legal, would be seized from him.
(2) When executing the confiscation of the property and property gain , the object of confiscation will be the property and the property gain , which according to the Law on Execution are not excluded from the execution if it is not differently provided with this law.
Article 347
(1) The procedure for execution of confiscation of the property and property gain shall be initiated ex officio by the court that has pronounced this confiscation.
(2) The court that has reached the first instance decision has actual competence for execution of the confiscation of the property.
(3) For execution of the confiscation of immovable property competent is the court in which region the property is located, and for movable objects, money demands and other property rights competent will be the court where the sentenced person has residence or place to stay.
(4) If the residence or the place of stay of the sentenced person is outside the territory of the Republic of Macedonia the competence of the court will be determined in accordance with the ratified international agreement.
Article 348
(1) The execution of the sentence confiscation of property and property gain towards the legal entity that in the interim joined another legal entity will be implemented towards the legal entity which took over the property up to the value of property taken over.
(2) If there is bankruptcy procedure or procedure for liquidation opened towards the legal entity, the court is obliged to send to the bankruptcy or liquidation court the demand for priority in the process of confiscation.
(3) In this procedure objection is not allowed.
Article 349
(1) If the execution of these measures results with the termination of the legal entity, the provisions of the Law on the Trade Companies which are regulating the termination of the legal entities will be adequately applied.
(2) The procedure for termination with execution of confiscation of property and property gain will be initiated ex officio by the court.
Article 350
(1) The confiscated property will be transferred into state property on the day of the legality of the verdict by which the sentence has been pronounced for the confiscation of the property and it will be given in use for the municipality in which region the property is located.
(2) The municipality to which the confiscated property has been given in use will take over the obligations of the sentenced person that were created before the crime was committed and that were secured with cancellation of the deposit right of the property or confirmed with legally valid verdict or upon consumers loan contract up to the value of property taken over.
(3) The means obtained upon the execution of sentence confiscation of property are remunerated and organized as provided with the Article 222 of this Law.
Article 351
(1) The person in whose favour there is legal or registered right of possession or registered right for residence at the confiscated real estate property will not be deprived of those rights with the confiscation.
(2) All the other liabilities of the confiscated real estate property will be erased excluding the agricultural and household servitudes.
Article 352
(1) If the damage caused by committing the crime for which the sentence for confiscation of property has been pronounced can not be compensated from the property that is not encompassed with the confiscation this damage will be compensated from the confiscated property.
(2) The damaged party can request compensation in accordance with paragraph 1 of this article if he initiates a dispute within the period of six months from the day when the verdict with which he was referred to initiate the dispute became legal and if in the period of three months after the verdict became legal upon which his request was confirmed he asks for compensation from the seized values obtained with the confiscation of the property.
(3) When the damaged party was acquired pecuniary claim within the criminal procedure, the execution of the sentence confiscation of the property will be carried out only if the property overpasses the acquired pecuniary claim of the damaged party.
(4) The damaged party who in the course of the criminal procedure did not announced the pecuniary claim, can request compensation of the confiscated property if he has launched dispute within three months from the day of acknowledgement of the verdict by which the confiscation of the property has been pronounced but no longer then two years from the legality of the verdict for execution of the sentence for confiscation of the property, and if the damaged party requests compensation from the confiscated property within the period of three months from the day of legality of the verdict by which his request has been confirmed.
Article 353
(1) If the confiscation of the property towards the convicted person is cancelled, the confiscated property shall be returned to him/her i.e. to their successors.
(2) If the returning of the confiscated property or its parts is not legally possible, their real value shall be financially compensated.
(3) The decision for returning of the confiscated property as well as the decision for the amount of the financial compensation shall be brought by the court that executed the sentence confiscation of the property.
(4) The sentenced person i.e. his successors and the Public Ombudsman can appeal the decision of the court brought in accordance with paragraph 3 of this article.
(5) The appeal can be submitted not later than 8 days, from the day when the first instance decision was received.
Article 354
(1) If the sentenced person does not have any property in his possession, that in accordance with this Law can be confiscated or the property that is in his possession has insignificant value, the court will bring on a decision to stop the procedure for execution of the confiscation of the property. This decision will be delivered to the Public Ombudsman who has a right to appeal in a period of 8 days after the reception of the decision as well as to the sentenced person i.e. his successors.
(2) If, after the procedure for confiscation of property was stopped is established that in the time when the decision for confiscating of the property was legal there was property that could have been confiscated in accordance with this law, the court additionally will conduct a procedure for execution of this sentence.
Article 355
(1) If, a criminal procedure was initiated against a person for a criminal offence that can be sentenced with confiscation of property, the authorised court can, ex officio or by a proposal of the Public Prosecutor, order temporary measures for securing the property in accordance with the provisions for execution of sentences.
(2) For implementation of the security measures provided in paragraph 1 of this article, competent is the Basic Court in which area the property is located.
Article 356
(1) If the confiscation of property as well as confiscation of property gain is executed towards legal entity which, in the meantime was merged to another legal entity, the execution of the sentence will be conducted towards the legal entity that took over the property up to the value of the property that was taken over.
(2) If bankruptcy procedure or procedure for liquidation was initiated towards the sentenced person, the court is obliged to send a demand to the liquidation court for priority in the confiscation.
Article 357
(1) If, the execution of this sentence will terminate the existence of the legal entity, the provisions of the Law on Trade Enterprises that are regulating the termination of the legal entity will be appropriately applied.
(2) The procedure in this case will be initiated ex officio by the court.
2. Seizure of items
Article 358
(1) The legal first instance decision according to which the items that were used or where indented to be used for committing a crime or were produced as a result of the committed crime will be executed by the competent court in the way as it is determined in the decision itself, by destroying or by concession of the items to a state body or by selling of the items or by handing over the items to appropriate museum if, taking into consideration the nature of the items, are not intended to be an object of trade.
(2) If the trade of the seized items is forbidden or limited, the destroying of the items will be conducted in the course of the criminal procedure, if that is determined with a court’s decision.
(3) Destroying of the seized items will be conducted by the court that brought the decision in first instance in presence of the Public Prosecutor or authorised representative of the submitter of the request for instigation of a misdemeanour procedure and the inspector for execution of sanctions.
(4) The provision from paragraph 3, also applies in the procedure for handing over the seized items in an appropriate museum.
(5) The trade of the items mentioned in paragraph 1 of this article, is conducted according to the provisions for execution.
(6) If, according to a court decision it was ordered the items to be returned to the owner and he fails to collect the items in the period while the execution procedure is on-going, after the period of obsolesce for executing the decision, the item becomes property of the state and shall be treated according paragraph 1 of this article.
Article 359
The financial means received from the sale of the sized items in the procedure for execution of the security measure, will be paid and distributed in a way determined within article 222 of this law.
PART FOUR
EXECUTION OF MISDEMEANOUR SANCTIONS
Chapter XXX
EXECUTION OF THE SENTENCE FOR IMPRISONMENT
Article 360
(1) The provisions of this law related to execution of the sentence for imprisonment will be appropriately applied for execution of imprisonment sentence for a misdemeanour, if with the provisions of this chapter is not determined differently.
(2) The misdemeanour sentence for imprisonment will be executed in a semi-opened correctional facility.
(3) The misdemeanour sentence for imprisonment will be executed separately from the criminal sentence for imprisonment.
Article 361
(1) The misdemeanour sentence for imprisonment will be executed taking into consideration the place of residence of the sentenced person.
(2) The sentenced person will be sent to serve the sentence for imprisonment by the first instance court that announced the sentence.
(3) In the direction act, which is delivered by the organ mentioned in paragraph 1 of this article, the sentenced person is given a period from 8 to 15 days to appear for serving the sentence for imprisonment.
(4) If the sentenced person does not appear for serving the sentence for imprisonment on the prearranged day, the MoI upon order issued by the first instance court will detain the sentenced person and bring him to the correctional facility.
Article 362
(1) The commencement of the execution of the misdemeanour sentence for imprisonment may be postponed upon request of the sentenced person for no longer than 60 days.
(2) The request for postponing the commencement of the execution of the sanction will be revised by the competent court.
(3) Against the decision of the court from paragraph 2 of this article, for rejection of the request, decides the higher court.
Article 363
(1) The director of the correctional facility, upon request of the sentenced person, as an exception, in justified cases, can approve an interruption in serving of the sentence up to 10 days.
(2) Against the decision for rejection of the request from paragraph 1 of this article, an appeal can be submitted to the Management.
Chapter XXXI
EXECUTION OF FINES, SECURITY MEASURES, EDUCATIONAL MEASURES AND SEIZURE OF PROPERTY GAIN
Article 364
(1) The provisions of this law on execution of fines, security measures, educational measures, alternative measures and seizure of property gain announced for committed criminal acts, will be appropriately implemented for execution of fines, security measures, educational measures and seizure of property gain for a misdemeanour.
PART FIVE
TRANSITIONAL AND FINAL PROVISIONS
Chapter XXXII
Article 365
The existing penitentiaries and correctional institutions shall continue to work in accordance with the competencies provided by this law until creation of the conditions necessary for functioning of the network of these institutions as it is provided in article 16 paragraphs (2) and (3).
Article 366
The sentenced persons, the punished and the juveniles who are serving imprisonment, replacement of the fine with imprisonment, the juvenile imprisonment, and the educational measure related to serving in a correctional home, will continue i.e. will be re-directed to serve the sentence for imprisonment and the correctional measure in an appropriate penitentiary-correctional facility and the correctional home in accordance with the competence provided with this law.
Article 367
(1) The directors and their deputies of the existing correctional facilities and correctional homes will continue to work until the end of their mandate as directors i.e. deputies of the correctional facilities and correctional homes, if they fulfil the conditions provided with this Law for appointing a director i.e. deputy of a facility.
Article 368
The conditions for residence and work of the sentenced and juveniles in the penitentiary institutions and the correctional institutions will be harmonised with the provisions of this law within a period of 2 years after it comes into force.
Article 369
On the day this law enters into force, the Law on Execution of Sanctions shall cease to be in force ("Official Gazette of RM" No. 3/97, 23/99 and 74/2004).
Article 370
This law enters into force on the eighth day from the day it was promulgated in the “Official Gazette of the Republic of Macedonia”.