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RUEGBURILKAATIONS
Pursuant to the Law on Criminal Procedure, the only authority
that may adopt decisions about the limitation of the right of the
natural person or the legal entity, is the court, which is the ba-
sic institution for protection of human rights and freedoms. The
judge in a previous procedure, pursuant to the competences by
law, at the proposal of the public prosecutor, has the legal op-
portunity to adopt a decision whereby it may directly impact the
survival of every company
conditions determined with the Criminal prove before competent court that the
Code, when the court will assess that the legal entity is a perpetrator of the crime
legal entity abused its position and that stipulated with the Criminal Code of the
there is a possibility to repeat the act in Republic of Macedonia. In an absence of
future, one or several secondary penalties official data, we can conclude that usually
may be imposed, such as: 1) prohibition the legal entities are prosecuted for
to obtain a permit, license, concession, the crimes: tax evasion, customs fraud,
authorization or other right determined by counterfeiting documents, smuggling,
a separate law; 2) prohibition to participate illegal building, forging or destruction of
in open invitation procedures, awarding business records, violation of the right to
public procurement agreements and employment, violation of the right to social
public-private partnership agreements; 3) insurance etc. The range of sentences
prohibition to establish new legal entities; and the possibility to impose a fine and
4) prohibition to use subsidies and other a secondary penalty, speaks sufficiently
favorable credits; 5) prohibition to use about the opportunity to partially or
funds from the Budget of the Republic of completely impact the functioning of the
Macedonia in order to finance political legal entity and directly its survival.
parties; 6) revocation of a permit, license,
concession, authorization or other right The procedure of sentencing the legal
determined by a separate law; 7) temporary entity, same as every other procedure,
prohibition to pursue a specific activity; 8) begins with an issuance of an order to
permanent prohibition to pursue a specific conduct an investigation or with the
activity and 9) termination of the legal first investigation performed before
entity. the issuance of the order by the public
prosecutor. Chapter 33 of the Law on
The legal framework established in Criminal Procedure is dedicated to the
this manner provides an unambiguous procedure in regard to legal entities
opportunity for the public prosecution and among other things it stipulates a
as an authorized prosecutor in an event possibility for the COURT, during the
of existing evidence that a crime has proceeding, and at the proposal of the
been committed, to prosecute and to public prosecutor, to adopt measures of
46 September 2015
