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Grkovska regrets Blueprint Group's withdrawal from working group on drafting a new Criminal Code, proposals to law mostly incorporated

Grkovska regrets Blueprint Group's withdrawal from working group on drafting a new Criminal Code, proposals to law mostly incorporated

Skopje, 11 October 2023 (MIA) - Policies for good governance can only be promoted with the civil society organisations and the media, and you are our partner in all the efforts we make as a cabinet. I regret the decision of the Blueprint Group, I understand them. I would like to take this opportunity to thank them and that, in addition to such a decision, they submitted proposals for improving the drafting of a new Criminal Code, Deputy PM for good governance policies Slavica Grkovska said on Wednesday.

After the ceremony to mark the National Uprising Day, she was asked by reporters to comment on the recent decision on the Blueprint Group's withdrawal from the working group on drafting the Law on property confiscation, which is chaired by Grkovska.

When asked if they are to abide by the legal solution, Grkovska said "it is a solid legal solution which we have already sent to the European Commission for comments, and which we will later be able to bring to the stage during the public hearing when it will be a proposal.”

“From the first day, we submitted all the analyses, all the documents on the basis of which the draft was created and written. The draft was made in cooperation with all the institutions, within the working group in the Council of Europe. However, when it came to the stage when we already have a draft and the working group needed to be formalized, I insisted on the inclusion of the civil society organisations in the formal working group.

“Therefore, I want to once again express my belief that cooperation will continue, for that reason all the documents, all the analyses that the Council of Europe provided us with, all the international documents on the basis of which the draft was created and written, were submitted for review, and I am confident that even with those additional remarks that the Blueprint group submitted,” she added.

Regarding the amendments to the Criminal Code, she said that it is another process, as she emphasized, "completely different from this legal solution for which I am responsible."

“That's why I told that I understand them, I understand their reaction, but I hope that this will not have an impact on the cooperation with the Cabinet, because the comments that go in favour of improving drafting the Law on property confiscation in civil proceedings are mostly citizens in the draft which we sent it to EC,” she said.

Групата на граѓански организации за реформи во правосудството, Блупринт, денеска на прес-конференција соопштија дека се повлекуваат од процесот за изработка на новиот Кривичен законик. Алекса

The Blueprint Group for judiciary reforms, comprised of civil society organisations, said Monday it is withdrawing from the process of drafting a new Criminal Code, noting their participation is baseless in a procedure that "legalizes the unlawful" which goes against their mission for constructive, transparent and evidence-based policy building.

"The main reason for our withdrawal from the process are the September 6 amendments to the Criminal Code proposed by the Government. The procedure of their adoption and the content of these amendments in the three key sections related to the fight against corruption go entirely against the rule of law. The amendments were made by circumventing the group that is working on the new Criminal Code, without consulting it and the experts, as well as without prior analysis and assessment of the need for this. In such a situation, we have witnessed a brazen misuse of the so-called European flag, the European law and the penal policies. The successful attempt to amend and reduce penalties in the three key sections in the fight against high-level crime and corruption has legalized the chronic impunity of senior officials and office holders. Instead of bringing back the citizens' trust in the legislative and the executive, the new policy is increasingly undermining it, sending a message to the common citizen that they 'are paying a double price'," reads the Blueprint Group press release.

"It is a fact that the Criminal Code and the Law on property confiscation in civil proceedings are essential and thematically linked to the fight against crime and corruption. Therefore, if the intent is to reach a statute of limitations in criminal prosecution through reduced penalties in the Criminal Code, while creating an illusion that the unlawfully acquired property would be seized through the law on property confiscation in civil proceedings, then this is an approach that we do not agree with," says the Blueprint Group.

The Ministry of Justice said Monday the Blueprint Group should not rush with an early exit from the working group on drafting a new Criminal Code, saying the working group is independent in its operations, and no influence has been exerted on the group chair or members regarding any provision.

On the stance of the Blueprint Group, we believe there should be no rushing an early exit from the working group because, as Minister Krenar Lloga has said, the working group drafting the new Criminal Code did not take part in those amendments adopted by the Parliament. The contribution of the civil society sector is very important due to the knowledge, the long-standing experience and the skills it possesses, the Ministry of Justice said in a press release.

Измените на постојниот Кривичен законик во однос на насилството врз новинари се во собраниска процедура и тие треба да бидат усогласени со целосно новиот кривичен законик, кој веќе постои во

The Ministry added that the process of drafting a new Criminal Code is fully inclusive and transparent, and should continue for the purpose of implementing thorough reforms in the penal legislation. The task also arises from the bilateral screening with the EU on adopting a completely new Code aligned with international standards.

Earlier, the Blueprint Group for judiciary reforms, comprised of civil society organisations, said it is withdrawing from the process of drafting a new Criminal Code, noting their participation is baseless in a procedure that "legalizes the unlawful" which goes against their mission for constructive, transparent and evidence-based policy building.

It added their step is related to the recent decision on the Group's withdrawal from the working group on drafting the Law on property confiscation in civil proceedings.