Associate Professor Olga Koshevaliska Establishing the necessary - PowerPoint PPT Presentation

Associate Professor Olga Koshevaliska Establishing the necessary framework for international cooperation in criminal matters – the case of Republic of N. Macedonia

Introduction to the international cooperation in criminal matters Law on international cooperation in criminal matters 2010 (New law to be in force 2020?) Protection of Sovereignty, security Double incrimination Non bis in idem - double jeopardy Reciprocity Direct communication (new) & specialty ? Urgency and efficiency Mutual trust Mutual recognition and execution of decisions

Types of international cooperation Execution of CD International Transfer of and transfer of (mutual) legal criminal Extradition convicted assistance procedure persons

Rejecting international cooperation If the cooperation is Against the Constitution or at risk for the sovereignty, safety, security of RNM In case of political crime or crime connected to political crime If it is a case of Military crime If it is assumed that the criminal procedure is connected with discrimination In case of double jeopardy If there is an ongoing procedure in RNM for the same crime In case of obsolescence

International legal assistance submission of examination documents, of a witness, submission exchange of written injured of information, evidence and party or spontaneous notices and cases related expert (this is to the criminal information regulations provided in the proceedings in new Law) the requesting State

International legal assistance video Controlled delivery, conference cross- joint undercover examination border investigation agents & and surveillance teams wiretapping telephone Special Investigative Measures in conference accordance with the CPC examination

International legal assistance Temporary seizure of objects, property submission temporary or assets related to search of the crime, property of excerpts transfer of premises, in a bank safe, from persons monitoring of persons and payment operations criminal deprived of objects and temporary records liberty suspension of the execution of certain financial transactions

International legal assistance Confiscation and Criminal and deprivation of Protection of civil liability of property and personal data state officials property gain

Transfer of criminal procedure Request for taking over of the criminal procedure (against Macedonian citizen)

Transfer of criminal procedure Request for transferring the right to conduct the criminal procedure (for a foreigner that committed a crime on the territory of RNM)

For crimes No death punishable For carrying out a penalty with at least sentence of imprisonment or one year of No measure of imprisonment obsolesce treatment for at least 4 mounts. Double Extradition incrimination Personal Limitations: non Macedonian Specialty citizen (changes), Incrimination above 14 years of limitations: Non age Double political crimes, jeopardy military crimes, tax & Reciprocity custom crimes (changes!)

Extradition the crime in matter should not be exact identity of the committed on the wanted person; territory of RNM or against Macedonian citizen; Also needed: if the person whose extradition is pursued To have enough was convicted in evidence for absentia, and the prosecution or foreign state seeks to effective court guarantee that the decision; person will be tried in his presence.

Extradition Right to Right to Extradition attorney say “I do” custody The role of the Short (speedy) Minister of Justice procedure

Recognition and carrying out of verdict and transfer of convicted persons final and enforceable Double incrimination The procedure was carried out in the No obsolesce presence of the accused Fines couldn’t be The sanction has to be enforceable in foreign the same or state proportionate

Transfer of convicted persons A convicted person who is not a citizen of the RNM, or a convicted person who is a citizen of the RNM but has no residence or domicile in the RNM Has at least six more months to serve his sentence Double incrimination Consent (except in case of expulsion of a foreigner)

Institutional cooperation (new Law) Cooperation with European judicial Cooperation network (EJN) with EUROJUST (Agreement in 2008, Assigned Public Prosecutor for relations with Cooperation with EUROJUST in 2018). authorities for financial investigations and confiscation

Thank you for your attention Olga Koshevaliska olga.gurkova@ugd.edu.mk