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PUBLIC PROSECUTION VERSUS SPECIAL PUBLIC PROSECUTION
No full textWhen we talk about effective functioning judicial system, and hence the
existence of law relevant monitoring and harmonization of legislation with
the highest European standards. The prosecution of perpetrators of crimes is
one of the most important parts of an efficient and functional judiciary
system. Public Prosecution is an independent public authority on behalf of
the society has the function of prosecution. Most relevant assessment of the
importance of the role of public prosecution within the judicial system gain
as a function of how regulated its position in the system, that is what powers
and competences possessed, whether and to what extent exercise these
powers in practice, what is his status and relationship with other bodies and
institutions in the society, which are his responsibilities and who assesses the
legality of his actions
CUSTOMS CRIMES IN THE REPUBLIC OF NORTH MACEDONIA
No full textThe subject of processing of this paper is the customs crimes in the criminal
legislation of the Republic of North Macedonia. The legal bases of the customs
policy of the Republic of North Macedonia are aligned with the practice in the
European Union and coincide with the rules applied by the World Trade
Organization (WTO). The legal bases of the customs system and policy are
defined in: the Customs Law, the Law on Customs Tariff, the Law on Customs
Measures for the Protection of Intellectual Property Rights and other
regulations and agreements concluded by the Republic of North Macedonia.
The customs law regulates the rights and obligations of persons and customs
authorities in relation to goods in passenger and goods trade between the
customs territory of the Republic of North Macedonia and foreign customs
territories, and the Law on the customs tariff prescribes the rules for the
method of calculation of customs duties. the system of names of the goods that
are imported and exported to the Republic of North Macedonia, the tariff
numbers and tariff marks and the customs duties that are applied. Customs is
one of the fundamental instruments for foreign trade protection of the national
economy
ALTERNATIVE MEASURES IN THE CRIMINAL CODE OF THE REPUBLIC OF NORTH MACEDONIA
No full textThe system of sanctions provided for in our CC contains: penalties, alternative
measures and security measures, while the educational measures imposed on
juveniles no longer form part of the CC. The aim of punishment is:
-prevention of crimes and reeducation and
-educational impact towards others not to commit crimes.
According to the Criminal Code, criminal offenders can be sentenced to five types
of penalties: imprisonment, fine, prohibition on performing a profession, activity or
duty, prohibition on driving a motor vehicle, expulsion of a foreigner from the
country and prohibition on attending sports. competitions. The amendment of our
CC in 2004 introduced alternative measures in the legislation of the Republic of
Macedonia. The purpose of alternative measures is not to impose punishment for
lighter offenses, when this is not necessary and when the purpose of punishment can
be attained. The offender may be sentenced to the following alternative measures:
probation, probation, protective termination of criminal proceedings, community
service, court reprimand, and house arrest
DEVELOPMENT OF THE INHERITANCE LAW IN THE REPUBLIC OF MACEDONIA
No full textAbstract
The inheritance law forms part of the civil (property) law that regulates the relations
that arise on the occasion of the death of a person. The moment of death opens the
question of transferring everything that the person possesses, which he has acquired
during his life, on his successors. The latter law examines all the questions about the
manner and conditions under which the transfer of the legacy to the heirs . The
hereditary right regulates relations between the heirs themselves and among the
heirs and third parties whose rights and interests may be affected by the death of
one person. The institution of succession, as well as the majority of institutions in
the field of civil law, has its beginnings in Roman law. The nature of the inheritance
consists in the transfer of the property, i.e. the legacy of the deceased person on his
heirs. There are many to determine the concept of inheritance in comparative law
definitions.
Key words: property, inheritance, testator, successor
SCOPE, STRUCTURE AND DYNAMICS OF MONEY LAUNDERING IN THE REPUBLIC OF NORTH MACEDONIA
Full text linkMoney laundering as a highly sophisticated organized crime represents a challenge and threat for many aspects not only at the state level, but also in the world. Corruption "blooms" everywhere, in every phase of social life, globalization contributes to criminal groups connecting with each other much more easily, and the logical consequence of this is the expansion of money laundering as a not so new phenomenon, which is not only on a global level, but affects in the daily life of the individual. The very purpose of committing criminal acts is profit, that is, maximizing the profit from the illegal activities they perform. And this only confirms the fact that man is a social being, whose desire for wealth, for a high social status for himself and his family, for a comprehensive well-being is unlimited. Human ambitions are a bottomless abyss. However, he is aware that the legal possibilities to acquire such wealth and prosperity are limited. And that is precisely why he resorts to illicit, illegal activities in order to achieve that desire for wealth, status, and reputation in society. By resorting to these illegal activities, he will undoubtedly make a profit, but since that profit cannot be presented as legal earnings, he approaches the study of ways to legitimize that profit and how to present it as legal and enjoy its benefits legally
SOCIAL DISORGANISATION THEORY AND JUVENILE DELINQUENCY
No full textThe social disorganization theory is one of the most enduring place-based
theories of crime. Тhis theory shifted criminological scholarship from a focus
on the pathology of people to the pathology of places. Social disorganization
theory suggest that a person's residential location is more significant than the
person's characteristics when predicting criminal activity and the juveniles
living in this areas acquire criminality by the cultures approval within the
disadvantaged urban neighborhoods.
Testing social disorganization theory for the causes of index (major) crime
incidence among juveniles is the subject of this study. Delinquency rates are
quite high and it is an important problem for every society. It is needed to know
the causes of delinquency to find appropriate solution ways and to decrease
the delinquency rate.
Method: The paper presents results of conducted research in correctional home
for children. Descriptive qualitative analysis was used to draw conclusions.
Conclusion: The theory of social disorganization, that sees the causes of crime
in social desintegration, widespread in those parts of the city districts that are
predominantly inhabited by poor people, is applicable in our juvenile crime
situation, especially when we see who they are, where they come from and
what life challenges they face every day
SCOPE, STRUCTURE AND DYNAMICS OF MONEY LAUNDERING IN THE REPUBLIC OF NORTH MACEDONIA
No full textMoney laundering as a highly sophisticated organized crime represents a challenge and threat for many aspects not only at the state level, but also in the world. Corruption "blooms" everywhere, in every phase of social life, globalization contributes to criminal groups connecting with each other much more easily, and the logical consequence of this is the expansion of money laundering as a not so new phenomenon, which is not only on a global level, but affects in the daily life of the individual.The very purpose of committing criminal acts is profit, that is, maximizing the profit from the illegal activities they perform. And this only confirms the fact that man isa social being, whose desire for wealth, for a high social status for himself and his family, for a comprehensive well-being is unlimited. Human ambitions are a bottomless abyss. However, he is aware that the legal possibilities to acquire such wealth andprosperity are limited. And that is precisely why he resorts to illicit, illegal activities in order to achieve that desire for wealth, status, and reputation in society. By resorting to these illegal activities, he will undoubtedly make a profit, but since that profit cannot be presented as legal earnings, he approaches the study of ways to legitimize that profit and how to present it as legaland enjoy its benefits legall
THE ROLE OF POLICE DURING THE CRIMINAL PROCEDURE
Full text linkPolice cooperation in the criminal field appears as an effective tool for combating
crime and all its manifestations. The realization of this cooperation is of elementary
importance for the whole society, given that crime can permanently damage the social goods
and values and lead to irreparable losses. Police cooperation refers to taking joint action
between the police, institutions and bodies, primarily the bodies for criminal prosecution,
control, etc.
Police cooperation works on two levels. The first isthe state level that extends within
the country and here they cooperate with the institutions in the country, the state bodies and
the authorities of the Republic of Northern Macedonia. The second level isthe country police
cooperation performed by our police and the foreign police services in those parts of the
organizations which have their own member states and which cooperate when it comes to
crime. Such organizations are INTERPOL, EUROPOL, SELEC. Given this, it can be said
that such cooperation is of immense importance, especially for those who provide it. The
term "police cooperation" means joint work between the police and other authorities in order
to ensure the effective detection of crime, which can appear in various forms, to detect and
detain the perpetrators of crimes, as well as to undertake crime prevention activities.
Regardless of the form in which crime appears, it represents a bad influence on society,
threatens the life and well-being of a person and causes serious consequences. In this regard,
police cooperation generally consists of joint work, exchange of experiences, professional
training and education of staff, improvement of police work methods.
This means that in order to deal with crime, there must be an emphasized police
cooperation, both between the police services and between the police and other institutions
of the justice system, primarily within the state, and then internationally. Within the state
framework, the police cooperates with the criminal prosecution authorities, such as the
public prosecutor's office, with social protection departments such as the Center for Social
Work, with the public, i.e., with the citizens and the media. While international police
cooperation is realized between police services - members of some organizations such as
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INTERPOL, EUROPOL, SELEC. In relation to the previously mentioned collaborations,
international police cooperation is emphasized, because international crime represents a
serious threat at the global level, but also a challenge for the states in the fight against its
suppression. In addition, the prevention of international crime is unthinkable without the
coordinated action of the police services in the states, when it comes to the prevention and
repression of crime.
This means that international police cooperation is a basic instrument of police services in
the fight against transnational crime.
The paper will discuss police cooperation in the criminal area. The cooperation
between the police and criminal prosecution authorities and the police cooperation that takes
place in international frameworks, will also be elaborated
SAFETY MEASURES IN THE CRIMINAL CODE OF THE REPUBLIC OF NORTH MACEDONIA
No full textSafety measures are a special kind of sanctions in our criminal law. They apply
only to perpetrators of crimes. Safety measures serve as a means of protecting
society from crime. The court imposes these measures on the perpetrator of a
certain crime due to his dangerous condition in the cases and under conditions
provided by law. The purpose of the safety measures shall be to remove
situations or conditions that may influence the offender to commit crimes in
the future. Offenders may be imposed the following safety measures:
1) compulsory psychiatric treatment and custody in a health institution;
2) compulsory psychiatric treatment in freedom; and
3) compulsory treatment of alcoholics and drug addicts;
4) medical and pharmacological treatment of offenders of sexual assault upon
a child of up to 14 years of age.
The court may impose one or more safety measures on the perpetrator of a
crime, when there are conditions for their imposition provided by this Law.
In the following paper we will analyze the application of safety measures and
their impact on perpetrators of crimes
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