Skopje, 12 February 2025 (MIA) - The Constitutional Court will discuss the 2023 amendments to the Criminal Code during Wednesday’s session, following an initiative by the Democratic Union’s president, Pavle Trajanov.

Trajanov’s initiative claims that the disputed legal changes violated the rule of law, the protection of property rights and the equality included in the Constitution.  It also states that these amendments create privileges for one group of citizens, while convicted individuals face discriminatory treatment and are not eligible for sentence reductions.

According to Trajanov, the debate in the Constitutional Court comes too late, as the initiative was submitted in September 2023, when amendments to the Criminal Code were adopted through a fast-track procedure and under the ‘EU flag’ procedure.

“Many the so-called criminals have been released, they will not be held accountable, and their property will not be confiscated, even though some have gained enormous wealth. The Constitutional Court should discuss and decide, not to annul, but to revoke the law so it won’t apply in the future. But I highly doubt they will reach such a decision,” Trajanov told Kanal 5 TV.

The amendments to the Criminal Code sparked public reactions

On September 6, 2023, the Parliament adopted the amendments to the Criminal Code, which sparked reactions from the public, the legal community, and the European Commission. These amendments, adopted in just two days, reduce penalties for offenses involving officials, civil servants, and responsible persons in public enterprises and institutions. The proposed changes were approved by Parliament with 48 votes in favor, 36 against, and one abstention, after which they were signed by then-President Stevo Pendarovski.

The amendments concerning abuse of official position and authority, as well as criminal association, sparked negative public reactions.

With the adoption of the amendments, MPs reduced the penalties for the two criminal offenses, set an upper limit on the maximum sentence, and abolished a provision from the article on abuse of office, effectively enabling the offenses to reach the statute of limitations sooner.

The government justified the adoption of the amendments to the Criminal Code under the European flag by claiming it was necessary to align with European Union directives, while the opposition saw it as an attempt to grant amnesty to current officials in the event of a change in power.

Justice Ministry working on Criminal Code amendments

Justice Minister Igor Filkov said that the Ministry of Justice will soon present a brief legal solution for the amendments to the existing Criminal Code, which, as he noted, aims to eliminate harmful consequences of the 2023 amendments to the Criminal Code.

In regard to the new Criminal Code, Filkov expects it to be adopted in 2025.

“Our goal is to have an efficient and modern Criminal Code that responds to the needs of society and the judiciary system. I expect that the new Criminal Code will be adopted in 2025. It has been translated into English, and the preparation of the correspondence tables, a requirement from the bilateral screening for Chapter 23, is nearing completion. The new Criminal Code is expected to align with European policies in the fight against organized crime and corruption. Our entire legal framework will be fully harmonized with applicable directives and international conventions, which requires securing a positive opinion from the European Commission,” he underlined.

As for the changes that can be expected in the Criminal Code, Filkov said that these will be amendments aimed at modernizing and improving the existing procedures, as well as clarifying and more thoroughly regulating certain criminal offenses.

“One of the main issues is the strengthening of sanctions for serious crimes, particularly economic crime and corruption, in line with efforts to combat corruption and organized crime. In addition, new criminal offenses are being added, particularly those related to financial crimes, including the practice of asset confiscation for assets acquired through criminal acts, which will contribute to a more effective fight against corruption and organized crime,” he added.

After receiving the opinion from the European Commission, the Criminal Code will enter the government procedure and will then be submitted to Parliament.

Photo: Constitutional Court