Preliminary communication
Misdemeanours in Macedonia
Borče Davitkovski
; University of Sv. Kiril and Metodij, Faculty of Law Justinijanus Primus, Skopje, Former Yugoslav Republic Macedonia
Elena Davitkovska
; University American College, Skopje, Macedonia
Abstract
The paper attempts to delineate a felony and an administrative infraction, which is essential for the imposition of criminal or misdemeanour sanctions. All the elements found support the quantitative differences between criminal acts (felonies) and violations of legal good (of different levels) that are indisputably treated as criminal offences and not as administrative infractions. It is necessary to correct certain disadvantages in their treatment as felonies, since there are numerous lesser offences. Therefore, a revision of the Law on Misdemeanours is rather pressing. In addition to decriminalising such offences, courts can be disburdened by introducing alternatives to tortuous liability into the Law on Misdemeanours as well as the institute of mediation. Further disburdening of the courts can be achieved by ensuring competent handling of cases by the police and administrative authorities prior to court proceedings. Thus, only complex cases and appeals would be dealt with by the judiciary. Finally, a new Law on Misdemeanours should include measures for simplifying and accelerating misdemeanour proceedings.
Keywords
criminal act (felony); administrative infraction; misdemeanour, administrative procedure
Hrčak ID:
130643
URI
Publication date:
18.5.2013.
Visits: 1.205 *