The Parliament of the Republic of North Macedonia, at its session held on January 28, 2026 adopted the Law on Amendments and Supplements to the Criminal Code, which was published in the “Official Gazette of the Republic of North Macedonia” No. 16/2026 of January 28, 2026.
This Law shall enter into force on the eighth day from the date of its publication in the “Official Gazette of the Republic of North Macedonia”, except for the provisions of Articles 1, 7, 8, 9 and 10 of this Law, which shall enter into force on 1 February 2026.
The purpose of the adoption of the new Law on Amendments and Supplements to the Criminal Code is to harmonize Macedonian criminal legislation with European and international standards, and in particular to align it with the Istanbul Convention and to act on the observations of the European Commission in the section “Fight against corruption and organized crime”, highlighted in the reports of the European Commission on the progress of our country towards the EU, in order to ensure accountability and the rule of law.
The Criminal Code of the Republic of North Macedonia has been sharply criticized in the latest European Commission progress report on the Republic of North Macedonia for 2025, hence the need to draft a new fully harmonized European law that will strengthen the rule of law and the fight against corruption and organized crime.
Whether the new amendments and supplements to the Criminal Code will truly lead to greater accountability and the elimination of impunity, and whether they are in line with European standards, remains to be seen from their implementation in practice.
Below is a brief overview of the most significant amendments and supplements to the Criminal Code.
According to Article 1 of the Law on Amendments and Supplements to the Criminal Code:
In Article 38-v under the title “Prohibition of Driving a Motor Vehicle”, Chapter Penalties, paragraph (2) is amended to read:
“(2) When pronouncing the sentence referred to in paragraph 1 of this Article, the court may also pronounce the termination of the validity of the driving license of a certain category and determine a period of time ranging from one to 10 years, for which the perpetrator is not entitled to acquire a driving license of the same category.”
In paragraph (4) in the first sentence, the words: “three months” are replaced by the words: “six months”, the word “five” is replaced by “10” and in the second sentence, the words: “no longer than ten years” are replaced by the word “year.”
In accordance with Article 4 of the Law on Amendments and Supplements to the Criminal Code, Article 98-a entitled “Extended Confiscation”, Chapter Confiscation of Property and Property Benefits and Seizure of Objects, is amended to read:
„(1) The perpetrator of a crime punishable by imprisonment for four years or more, as well as a crime against sexual freedom and sexual morality, a crime against human health, a crime against property, a crime against public finances, payment transactions and the economy, a crime against official duty, a crime against humanity and international law or a crime committed as part of a criminal association, when such a crime could have led directly or indirectly to material gain, shall have his property acquired in a period of time not longer than five years prior to the commission of the crime for which he was convicted by a final court verdict confiscated, when, based on all circumstances, facts and evidence, the court is convinced that the property exceeds the lawful income of the perpetrator. (2) When, due to factual or legal obstacles, it is not possible to conduct criminal proceedings against the perpetrator of the crime referred to in paragraph (1) of this Article, the court shall issue a decision on extended confiscation in a procedure determined by law. (3) If, due to factual or legal obstacles, extended confiscation cannot be carried out against the perpetrator of the criminal act, and the conditions referred to in paragraph (1) of this Article are met, the illegally acquired property shall also be confiscated from third parties or members of their family to whom it was transferred or for whom it was acquired, if the property exists. (4) The property referred to in paragraph (1) of this Article shall also be confiscated in a confiscation procedure from members of the perpetrator’s family to whom it was transferred when it is obvious that they have not provided compensation corresponding to its value or from third parties if they do not prove that they have provided compensation for the object or property corresponding to its value.“
In addition to the new penalties, the new amendments and supplements to the Criminal Code also introduce new criminal offenses, as follows:
After Article 152, a new title and a new Article 152-a are added, which read:
“Misuse of another’s recording, photograph, audio recording or document with sexually explicit content”
Article 152-a
(1) A person who makes a video or other recording, photograph, audio recording or document with sexually explicit content available to a third party, without the consent of the person to whom such document refers, i.e. without the consent of the person depicted in the recording or photograph or whose voice is recorded on the audio recording, shall be punished with imprisonment for a term of one to five years. (2) The punishment referred to in paragraph (1) of this Article shall also apply to anyone who, using a computer system or in any other way, creates a new or changes an existing video or other recording, photograph, audio recording or document with sexually explicit content relating to a person and uses such recording, photograph, audio recording or document or makes them available to a third party. (3) The punishment referred to in paragraph (1) of this Article shall also apply to anyone who threatens another person to make his/her video or other recording, photograph, audio recording or document with sexually explicit content available to a third party. (4) A person who commits the offense referred to in paragraphs (1) and (2) of this Article in a manner that makes the video or other recording, photograph, audio recording or document with sexually explicit content available to multiple persons shall be punished by imprisonment for one to eight years. (5) If the offense referred to in paragraphs (1) to (4) of this Article is committed against a child, the perpetrator shall be punished with imprisonment for a term of three to 10 years. (6 If the offense referred to in paragraphs (1) to (5) of this Article is committed by an official in the performance of his/her duties, for the offense referred to in paragraphs (1), (2) and (3) of this Article, he/she shall be punished with imprisonment of one to 10 years, for the offense referred to in paragraph (4) of this Article, with imprisonment of three to 10 years, and for the offense referred to in paragraph (5) of this Article, with imprisonment of at least four years. (7) Videos or other recordings, photographs, audio recordings and documents, as well as special devices with which the criminal act was committed, shall be confiscated.
After Article 300, two new titles and two new Articles 300-a and 300-b are added, which read:
„Mandatory imposition of the penalty prohibition of driving a motor vehicle“
Article300-а
Under the conditions specified in Article 38-v of this Code, for the criminal offenses under Articles 297 paragraphs (1) and (2), 297-a and 300 paragraphs (1) and (2), the court shall impose on the perpetrator a ban on driving a motor vehicle for a period of six months to 10 years.
„Confiscation of a motor vehicle used to commit a crime“
Article 300-b
(1) Under the conditions specified in Article 100-a of this Code, the vehicle with which the offense referred to in Article 297 paragraph (1), Article 297-a paragraphs (1) and (2) or Article 300 was committed, which is owned by the offender, shall be confiscated from the offender, if at the time of committing the offense he did not have the right to drive a motor vehicle. (2) If the vehicle referred to in paragraph (1) of this Article is owned by a third party, it shall be confiscated only if that person knew or should have known that the perpetrator did not have the right to drive a motor vehicle. (3) Under the conditions specified in Article 100-a of this Code, the vehicle with which the offense referred to in Article 297 paragraph (1), Article 297-a paragraphs (1) and (2) or Article 300 was committed may be seized from the perpetrator if he was driving at a speed exceeding the permitted speed by at least 70 km/h in a built-up area or by at least 90 km/h outside a built-up area, which is owned by the perpetrator. (4) Under the conditions specified in Article 100-a of this Code, the vehicle with which the offense referred to in Article 297 paragraph (1), Article 297-a paragraphs (1) and (2) or Article 300 was committed shall be confiscated from the perpetrator, if he drove at a speed exceeding the permitted speed by at least 70 km/h in a built-up area or by at least 90 km/h outside a built-up area that is owned by the perpetrator, provided that he has previously been convicted of a criminal offense against public traffic safety committed by exceeding the permitted speed by at least 70 km/h in a built-up area or by at least 90 km/h outside a built-up area.
The amendments to Articles 353 and 394 of the Criminal Code provide for tougher penalties for the criminal offenses of “Abuse of official position and authority” and “Criminal association.”