The former Yugoslav Republic of Macedonia

Criminal Code

GENERAL PART

2. A CRIME AND CRIMINAL RESPONSIBILITY

2.3. Accessory in crime Joint perpetration

Instigation

Article 23

(1) A person that instigates, with intent, another to committing a crime, shall be punished as if he had perpetrated the crime himself.
(2) A person that instigates, with intent, another to commit a crime, for which a sentence of five years of imprisonment or a more severe sentence could be pronounced, and there is not even an attempt of this crime, shall be punished as for an attempted crime.

Accessory

Article 24

(1) A person who with intent assists in the perpetration of a crime, shall be punished as if he had committed the crime himself, and he may be punished more leniently.

(2) As accessory to perpetrating a crime shall be considered especially : giving advice or instructions how to commit the crime ; making available to the offender means for committing the crime ; removal of hindrances for perpetrating the crime ; as well as giving promise in advance for covering up the crime, the offender, the means with which the crime was perpetrated, the traces of the crimes or the objects obtained through the crime.

Limits of criminal responsibility and possibility of punishing the accomplices

Article 25

(1) The joint offender is criminally responsible within the limits of his intent or negligence, and the instigator and accessory - within the limits of their intent.

(2) The joint offender, instigator or accessory that voluntarily prevented the perpetration of a crime may be acquitted from punishment. This is also applicable in the case of preparation of a crime, regardless whether it is determined by law as a special crime, or whether the law prescribes as punishable the preparation of a certain crime (article 8 item 2).

(3) Personal relations, characteristics and circumstances because of which the law excludes criminal responsibility, or it permits acquittal from punishment, a more lenient or a more severe punishment, may be taken into consideration only for that offender, joint offender, instigator or accessory where such relations, characteristics and circumstances exist.

Keywords

Individual criminal responsibility
Joint commission



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