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Unofficial translation

Law on Witness Protection of the Republic of Macedonia

Published: 26 May 2005

Entered into force 1 January 2006

Official Gazette no. 38/2005

I. GENERAL PROVISION

Article 4: Handling information with confidential character

(1) Information that officials receive during the official conduct of duty related to the protection measures is classified information with appropriate degree of confidentiality pursuant to law.

(2) Any person or body involved in the procedure of protection, shall not, without authorization from the Department, give any information related to a certain witness, collaborator to justice, victim who appears in the capacity of a witness, and their close persons, or information related to measures for protection, in the period before involvement in the Program, during implementation of the measures and after ceasing the Program.

(3) The prohibition for providing information stipulated in paragraph (2) is permanent for the employed in the Department.

(4) The exchange of data between the competent bodies shall be conducted in a way that the security of the protected witness, collaborator to justice and victim, who appears in the capacity of a witness, and their close persons, must not be endangered.

(5) The competent bodies are obliged to notify the Department immediately for every request for revealing classified information.

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VI. MEASURES FOR PROTECTION

Article 28: Keeping the confidentiality of the identity

(1) The measure keeping the confidentiality of the identity encompasses processing and use of personal documents with temporarily altered personal data of the protected person, as well as processing and use of documents for ownership of certain estate of the protected person.

(2) The enforcement of the measure from paragraph (1) of this Article does not mean actual change of personal and property data of the protected person in the regular records of the authorized bodies.

(3) The protected person can use the documents from paragraph (1) of this Article for making certain agreements and other legal matters with third persons only with previous consent from the Department. If the Department does not give this consent, the protected person can, upon the approval from the Department, determine his proxy who shall then use the person’s real name and data and on his/her behalf and account conclude the agreement or the other legal matters.

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VIII. INTERNATIONAL COOPERATION AND FINANCIAL MEANS

Article 40: International cooperation

(1) The international cooperation in the field of protection of witnesses, collaborators of justice, victims, who appear in the capacity of witnesses, and their close persons is accomplished on the base of international agreements, ratified in accordance with the Constitution of Republic of Macedonia, or based on a mutual reciprocity.

(2) Under conditions from paragraph (1) of this Article, the Department:

- directs an application to other country for accepting the protected person and implementation of the measures for protection stipulated in this Law and

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IX. SENTENCE PROVISION – CRIMINAL ACT

Article 42: Unauthorized release of information and data about the witnesses, collaborators of justice, victims that appear in a role of witnesses and their close persons

(1) The person, who contrary to this Law will reveal the real identity, the home, the residence of the persons from Article 2 paragraph (1) lines 1, 2, 3 and 4 of this Law, as well as other information that can lead to their identification that could jeopardize the life, health, freedom, physical integrity or the property of bigger amount to the persons from Article 2 paragraph (1) lines 1, 2, 3 and 4 of this Law shall be punished with imprisonment sentence of minimum four years.

(2) If the act from paragraph (1) leads to causing serious body injuries to the persons from Article 2 paragraph (1) lines 1, 2, 3 and 4 of this Law the perpetrator shall be punished with imprisonment sentence of minimum eight years.

(3) If the act from paragraph (1) leads to death or suicide of the persons from Article 2 paragraph (1) lines 1, 2, 3 and 4 of this Law the perpetrator shall be punished with imprisonment sentence of minimum 15 years or with life imprisonment.

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