Pendarovski: No provision of Criminal Code amendments leads to pardon
- There is no pardon with the Criminal Code amendments and no provision leads to this. The prison sentences are shortened from ten to five or from five to four years, which means that the incarceration aspect is still there, while the procedure of property confiscation is enlarged and facilitated, says President Stevo Pendarovski.
Skopje, 8 September 2023 (MIA) - There is no pardon with the Criminal Code amendments and no provision leads to this. The prison sentences are shortened from ten to five or from five to four years, which means that the incarceration aspect is still there, while the procedure of property confiscation is enlarged and facilitated, says President Stevo Pendarovski.
In an interview with TV Sitel, President Pendarovski refers to the Criminal Code amndments that the Parliament passed in an expedited EU-flagged procedure.
"When I sign or don't sign a bill into a law, I elaborate my action. First, there is a misconception in the public regarding the pardon or as some have put it 'hidden amnesty'. There is no such thing. Pardon is when I entirely exempt one from serving a prison sentence. There is no provision of this law that stipulates this. Therefore, no pardon. Prison sentences are shortened in one part, from ten to five years or from five to four years, which means that the incarceration aspect remains in place. In addition, the procedure of property confiscation is enlarged or facilitated. This was the main thing that prompted me to sign the bill and elaborate it," says Pendarovski.
He adds that the so-called enlarged property confiscation was in place until now.
"Unfortunately, our judges do not use this as much as they should. We have had one or two cases, I am referring to the high-profile ones, when stolen taxpayers' money are compensated by someone's property going up for sale because of this measure. Our mentality is 'let them rot in prison for 20 years' while neglecting everything else. The European trends are opposite. They will go to prison, not 20 but two, three or four years and return the money to the last cent, because the incentive for corruption is to make money. You have probably heard the words 'I can serve a few years in prison, but the money will be there for the taking'. If the money is not there, one has no motive to do the crime. The law facilitates the so-called enlarged property confiscation and this is, I believe, important and should be applied by judges. God willing, case law will change in this regard. Many people will say 'return the money you stole from me, you and everyone else, prison is not the priority'," says Pendarovski.
According to him, the plethora of problems in the country are not there because the laws are bad.
"They are there because people either don't apply them or they find loopholes," concludes Pendarovski.
Photo: MIA archive