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Skopje: Despite criticism, changes to the Criminal Code come into force

2023-09-14 15:13:31, Kosova & Bota CNA

Changes to North Macedonia's Criminal Code, which allow for reduced prison sentences for state officials, came into effect on September 14, although they were widely criticized by the European Union and the United States.

Based on these changes - which were approved by the Macedonian Assembly on September 6 - persons who abuse official position and authority during public procurement, or damage budget funds, will be punished with up to five years in prison.

Under the current law, sentences for such crimes ranged from five to more than 10 years in prison.

The head of the European delegation's office in Skopje, David Geer, on September 14 criticized the way North Macedonia made these changes to the criminal code.

"The European Commission expresses concern that some of the changes that have been made to the Criminal Code carry the risk of reducing impunity. The European Commission also emphasizes the importance of the rule of law, as regards the adjudication of criminal cases that must be addressed and processed adequately," said Geer.

The European Union assesses that North Macedonia "must be committed, efficient and convincing in promoting the rule of law through the fight against criminal activities".

Regarding the changes made, the Embassy of the United States of America in Skopje said that its legal team is examining the contents of the Code, while the US Department of State has reminded the authorities that "corruption has the potential to undermine the strategic ambitions of North Macedonia ".

More drastic reductions in the prison sentence are provided for in Article 394, which deals with the criminal offense of "criminal association".

Instead of the maximum of 10 years of imprisonment, which was previously provided for persons who create a criminal group, now with the changes that have been made, the maximum sentence can reach up to three years of imprisonment.

The changes have also been opposed by the Albanian opposition, which estimates that "the government is preparing for the protection of its officials after the transition to the opposition".

"The changes in the Criminal Code are actually a hidden amnesty for high officials who have their hands in crime and corruption. These changes affect current government officials who are preparing for the opposition and are doing everything to cover the crime and corruption committed during their government with legal aspects. The judicial system does not need an amnesty for officials immersed in crime and corruption, but it needs an organized institutional war against crime and corruption so that we can put this system and society on the right path of European integration", said MP Fadil Zendeli in name of the Albanian Opposition Front.

But, despite the reactions, Prime Minister Dimitar Kovacevski said on September 13 that "the changes have been made in accordance with valid legislation in the European Union."

"If you look at the levels of punishment and if you compare them with Slovenia, then you will see that they are at the same level. We previously had a law in which the punishments were from the time of communism", said Kovacevski./ REL