ATTACHMENT 1

 

EXTRACTS

 

OF

 

THE CRIMINAL CODE OF THE REPUBLIC

 

OF MACEDONIA

 

(Official Gazette of the Republic of Macedonia No: 37/96, 80/99, 4/02, 43/03, 19/04, 81/05, 60/06 and 73/06)

 

 

 

 

Preparation

 

Article 18

 

 

(1) A person intentionally preparing a crime shall be punished only when this is explicitly so determined by law.

 

(2) The preparation of a crime may be determined by law as a special crime, or it may be prescribed by law that the preparation of a certain crime is punishable.

 

(3) When the law prescribes punishment for the preparation of a certain crime, the preparation may consist of procurement or adaptation of means for the perpetration of a crime; of removing hindrances for committing the crime; of making agreements, planning or organizing together with other perpetrators of a crime; as well as of other activities with which conditions are created for direct perpetration of the crime, and which do not represent an action of perpetration.

 

 

Terrorism

 

Article 313

 

 

A person who, with the intention of endangering the constitutional system or the security of the Republic of Macedonia, causes or seriously threatens to cause an explosion, fire, flood, or some other generally dangerous act or act of violence, creating a sense of insecurity or fear among the citizens, shall be punished with imprisonment of at least four years.

 

 

Association for enemy activity

 

 

Article 324

 

(1) One that makes conspiracy, gang, group or other association of people or organization for performing crimes stipulated in the articles 305 through 311, 312, 313, 314, 315, 321 and 322, paragraph (2), shall be sentenced with imprisonment of at least four years.

 

(2) A person, who becomes a member of the association from item 1, shall be punished with imprisonment from one to five years.

 

(3) The perpetrator of the crime from item 1, who by disclosing the association or in some other way prevents the perpetration of the crimes foreseen in item 1, shall be punished with imprisonment of three months to three years, and he may be acquitted from punishment.

 

(4) A member of an association from item 1, who discloses the association before he commits some crime foreseen in that item, as a member of this association or for it, shall be acquitted from punishment.

 

(5) The objects and means intended for preparation of the crimes, as well as the finances of the association shall be confiscated.

 

 

 

Punishment for preparation

 

Article 326

 

A person who prepares the committing of a crime (article 18 item 3) from article 309, 312, 313 and 314, shall be punished with imprisonment of three to ten years.

 

 

 

Punishment for the most

 

severe forms of crimes

 

Article 327

 

(1) If by the crime from article 305, article 307, and from articles 312 to 315, a death of one or more persons was caused, or if a property damage of a large extent was caused, the offender shall be punished with imprisonment of at least ten years.

 

(2) If during the perpetration of the crime from item 1 the offender killed one or more persons with intent, he shall be punished with imprisonment of at least ten years, or with life imprisonment.

 

(3) The punishment from item 2 shall apply also to a person who commits a crime from articles 305, 306 and 307, articles 312 to 316 and article 324, during war or under direct military danger.

 

 

Terrorist organization

 

 

Article 394-a

 

(1) One that creates s group, gang or other criminal organization with intention to perform the following crimes: murder, body injuries, kidnapping persons, destruction of public facilities, transport systems, infrastructure facilities, information systems and other public structures, hijacking of planes or other means of public transportation, production, possessing or trade with nuclear weapons, biological, chemical and other types of weapons and dangerous materials, emission of dangerous radioactive, poisonous and other dangerous substances or causing fire and explosion, destruction of facilities for water supply, energy or other essential natural sources with intention creating sense of uncertainty or fear among the citizens or endangering of the constitutional setting of the country or the interests of international organization or foreign country, shall be sentenced with imprisonment of at least eight years.

 

(2) The member of the group, gang or other criminal organization, as well as one that provides finances or helps in other way, shall be sentenced with imprisonment of four to ten years.

 

(3) The sentence stipulated in paragraph 2, shall be also imposed to one who calls in public, encourages or supports the creation of terrorist organization.

 

(4) The perpetrator of the crime stipulated in paragraph 1 who will prevent the execution of the planned crimes through revealing or in other way, shall be sentenced with imprisonment of three months to three years and can also be pardoned.

 

(5) The perpetrator stipulated in paragraph 2 who will reveal the organization before he commits some of the crimes stipulated in paragraph 1, as its member, shall be pardoned.

 

(6) The objects and means intended for preparation of the crimes, as well as the finances for the organization shall be confiscated.

 

 

 

International terrorism

 

Article 419

 

(1) A person who with the intention of harming a foreign state or some international organization, commits a kidnapping of another or some other act of violence, causes an explosion or fire, or with some other generally dangerous act or by generally dangerous means causes a danger to the life of people and to property to a significant value, shall be punished with imprisonment of at least three years.

 

(2) If because of the crime from item 1, one or more persons died, or a damage was caused of a large extent, the offender shall be punished with imprisonment of at least five years.

 

(3) If when committing the crimes from item 1, the offender kills another with intent, he shall be punished with imprisonment of at least ten years, or with life imprisonment.