The former Yugoslav Republic of Macedonia

Criminal Code

GENERAL PART

7. CONFISCATION OF PROPERTY AND MATERIAL PROFITS AND CONFISCATION OF OBJECTS

2. Confiscation of objects

Conditions for confiscation of objects

Article 100-a

(1) Nobody may keep or claim for their own objects that been occurred through a criminal activity.

(2) Objects that were intended or have been used to commit a crime shall be confiscated from the perpetrator, regardless of whether they belong to the perpetrator or to a third party, if this is required by the interest of general safety, health of the people or moral reasons.

(3) The objects which have been used or were intended to be used to commit a crime may be confiscated if there is a threat that they may be used to commit another crime. Objects, which are the property of a third party, shall not be confiscated, except if the third party knew, could now and was obligated to know that these objects have been used or were intended to be used to commit a crime.

(4) The court shall pas a decision to confiscate the objects within the framework of a procedure specified by law also in the case when, due to factual or legal reasons, it is impossible to conduct the criminal procedure with respect to the perpetrator of the crime.

(5) The application of this measure does not interfere with the right of third parties to compensation of damages from the perpetrator of the crime.
(6) Under the conditions stipulated in the ratified international agreements, the objects may be returned to another country .

Keywords

Enforcement of forfeiture orders
Enforcement of sentences imposed
Enforcement of national penalties - forfeiture orders



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