Print   

Unofficial translation

Law on Criminal Procedure of the Republic of Macedonia

Introduced with the Law on Amending the Law on Criminal Procedure

Official Gazette no. 74/2004

(...)

Legal Property Requests

Article 97

(1) A legal property request due to a crime will be raised on proposal of authorized persons in the criminal procedure if the procedure would not be further cancelled with it.

(2) A legal property request may refer to damage compensation, returning objects or annulling certain lawful issues.

(3) The legal property request mentioned in paragraph (2) of this article in case of insurance could be also raised towards the insurance company from the side of the damaged party.

Article 98

A proposal for realization of a legal property request in the criminal procedure may be submitted by a person, who is authorized to realize such a request in a dispute.

Article 99

(1) A proposal for legal property request realization in the criminal procedure is submitted to the body where the criminal application is also submitted or to the court before which the procedure is conducted.

(2) The proposal may be submitted until the completion of the trial before first degree court.

(3) The person authorized to submit the proposal is obliged to define his request and to submit evidence.

(4) If the authorized person does not submit a proposal for legal property request realization in the criminal procedure until the opening of the charge, he will be informed that he may submit the proposal until the completion of the trial.

Article 100

(1) Authorized persons (Article 97) may until the completion of the trial withdraw from the proposal for legal property request realization in the criminal procedure and may realize it through a dispute. In case of cancelling the proposal, such a proposal cannot be submitted again, unless something else is determined with the Code.

(2) If the legal property request after the submitted proposal before the completion of the trial has been past to another person according to the property law regulation, that person will be summoned to state whether he maintains the proposal. If the summoned does not answer, he will be considered to have cancelled the submitted proposal.

Article 101

(1) The court before which the procedure is conducted will examine the accused for the facts included in the proposal and will inspect the circumstances important to determine the legal property request. But even before the proposal is submitted, the court is obliged to collect evidence and to inspect all necessities for the decision on the request.

(2) If by realization of the legal property request the criminal procedure would be significantly delayed, the court will limit itself only to collecting data whose determination would not be possible later and it would be significantly complicated.

(...)

2. Special investigative measures

Article 142-b

(1) For providing information and evidence necessarily needed for the successful conduction of the criminal procedure, which could not be gathered on the other way or the gathering would be accompanied with big difficulties, for the criminal acts for which the law proscribes penalty of imprisonment of at least four years, and for the criminal acts for which the law proscribes penalty of imprisonment of at least five years and for which there is ground suspicion that are committed by an organized group, gang or other criminal association, can be ordered undertaking of special investigative measures:

1) Monitoring of communication and entrance in home or other premises or in means of transport for creating conditions for monitoring of communication, under conditions and procedures prescribed by the Law.

2) An insight and searching in the computer system, confiscation of the computer system or part of it or the data-base in order to store the computer’s data.

3) Secret surveillance, monitoring and visual-sound recording of persons and objects with technical equipment.

4) Simulating purchase of objects, as well as simulating bribery and simulating acceptance of the bribe;

5) Controlled delivery and transport of persons and objects;

6) Using people with hidden identity for monitoring and collecting information or data;

7) Opening apparent (simulating) bank account, where funds that originate from the committed criminal deed can be deposited.

8) Registration of apparent (simulated) companies or usage of the existing companies for collecting data;

(2) In case, when the knowledge for the identity of the perpetrator is not at disposal, special investigative measures under paragraph (1) of this Article can be prescribed towards the object of the criminal act.

(3) When the special investigative measures under paragraph (1) line 4), 6), 7), and 8) of this Article are being undertaken, no criminal act should be impelled.

(4) Against the person which undertakes the necessary investigative measures under paragraph (1) points 4), 6), 7), and 8) of this Article, the criminal prosecution will not be undertaken for the actions which are considered to be abetting the criminal act, and are committed for execution of the goal under paragraph (1) of this Article and are in accordance with the provisions of this Law.

Article 142-c

(1)The data, statements, documents and objects, gathered through use of the special investigative measures under Article 142-b of this Law, under conditions and in a way prescribed by this Law, can be used as evidence in the criminal procedure.

(2) The persons under Article 142-b paragraph (1) can be interrogated as witnesses regarding the execution of the special investigative measures.

(3) The identity of those persons mentioned in paragraph (2) of this article will be considered as official secret.

Article 142-d

(1) In cases prescribed by the law, in pre-investigative procedure, the special investigative measures are determined by the order of the public prosecutor or the investigative judge, and in the investigation, only by order of the investigative judge.

(2) In pre-investigative procedure the investigative judge decides with a written explained order for usage of one of the special investigative measures stipulated in Article 142-b paragraph (2) point 2) to 8) from this law based on the written justified preposition of the Public Prosecutor.

(3) In the pre-investigative procedure the public prosecutor decides with written explained order regarding the written justified preposition of the Ministry of Internal Affairs for applying of special investigative measures under Article 142-b paragraph (1) point 3) to 8), in the case when the identity of the perpetrator of the criminal act is not known.

(4) In cases under paragraph (2) of this Article, the Council decides in case of disagreement between the Public Prosecutor and the Investigative Judge (Article 22 paragraph (6) of this Law).

Article 142-e

(1) The order from Article 142-d of this Law is executed by the Ministry of Internal Affairs, the Custom Administration of the Republic of Macedonia and other by law prescribed authorized state organs.

(2) The order from Article 142-d contains information regarding the person against whom special investigative measures are applied, the grounds for suspicion for the committed criminal act, the facts from which the applying of the special investigative measures derive, as well as the method, extent and duration of the measures.

(3) The implementation of special investigative measures under the Article 142-b paragraph (1) from line 2) to 8) can last four months at most. By proposal of the Public Prosecutor, when the order is given by the Investigative Judge, or by proposal of the Ministry of Internal Affairs, when the order is given by the Public Prosecutor, for justified reasons the duration of the special investigative measures can be extended for three more months at most. The Council decides in case of disagreement between the Public Prosecutor and the Investigative Judge (Article 22 paragraph (6) of this Law).

(4) If the special investigative measures under Article 142-b are undertaken without an instruction of the Investigative Judge, or without an instruction of the Public Prosecutor or are undertaken against the provisions of this Law, the evidence, which derived from the implementation of those measures can not be used in the criminal procedure.

(5) The Public Prosecutor and the Investigative Judge in a corresponding way (with copy of the minutes and the official notes without personal data, with allocation of the official notes from the documents etc.) will stop the unauthorized persons, as well as the suspect and his attorney to fortify the identity of the persons, who have undertaken the special investigative measures under Article 142-b paragraph (1) of this Law.

Article 142-f

(1) The implementation of the necessary investigative measures is stopped once the reasons for it are ceased.

(2) After the discontinuation of the terms prescribed for the implementation of the special investigative measures, the Ministry of Internal Affairs, the Custom Administration of the Republic of Macedonia and other by law authorized organs prepare a special report which contains

- the time for starting and the time for stopping the implementation of the special investigative measures;

- the number and the explanation of the work of the official persons, who have carried out the special investigative measures;

- the type and the number of technical equipment used;

- the number and the identity of persons covered by the implementation of the special investigative measures.

- the type of criminal act that was eventually prevented by the implementation of the special investigative measures;

- short description about the extent to which the implementation of the special investigative measures contributed to the accomplishment of the cause for which the court decision was issued or whether the cause was not fulfilled.

(3) The report under paragraph (2) of this Article is distributed to the Investigative Judge and the Public Prosecutor, when the order was issued by the Investigative Judge or only to the Public Prosecutor when the order was issued by the Public Prosecutor.

(4) Supplementary to this report under the paragraph (2) of this Article, the whole documentation gathered from the implemented special measure is delivered.

(5) If the Public Prosecutor after receiving the whole documentation estimates that there is no place for criminal prosecution, the materials will be destroyed under his supervision, for which reason he will make minutes, and if after the distribution of the report with the whole documentation to the Investigative Judge the investigation does not start or was stopped, the materials will be destroyed under the supervision of the court, for which reason a minutes will be made.

(...)