Compensation in criminal proceedings in Macedonia according to CPC and LRC. Aneta Trajkovska,, Lawyer Belgrade,

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1 Compensation in criminal proceedings in Macedonia according to CPC and LRC Aneta Trajkovska,, Lawyer Belgrade,

2 Novelties in the Law on the Rights of the Child LRC was passed on 29 October 2013 and came into force on 1 December Novelties: New definition of child victim Distinction between child victim and child witness Procedure for compensation from the budget of the Ministry of Justice

3 Novelties New definition of who can be considered victim of trafficking child victim is every child up to the age of 18 who has suffered damages, including physical and mental injury, emotional suffering, material loss or any other injury or whose rights and interests are violated as a result of the act defined by law as a criminal offence. Differences: 1. Child witness (his/her parents or guardians) parents or guardians do not have to be informed about all issues relating to the offense or to the suspect, defendant or convicted person. 2. Child witness does not have the right to participate in criminal proceedings as injured person and the right to be subsidiary prosecutor and cannot claim compensation of damages.

4 Procedure for compensation from the budget of the Ministry of Justice Status of a child victim must be determined by a final court decision. Awarded compensation claim. Claim for compensation from the budget submitted to the competent court. Deadline for submitting the request is six months after the decision of the competent court has become final. Competent court may decide on the request in two ways: positively and negatively.

5 Positive decision: It determines the amount without interests or additional enforcement costs. Negative decision: Right to appeal to the Court of Appeal within eight days from the receipt of the ruling rejecting the request. Decision of the Court of Appeal is final. The court shall send final decision on the payment of compensation to the Justice Ministry (JM) which shall execute the payment and inform competent court thereof within one month.

6 If compensation has been paid out from the budget, the court shall send the decision to the Public Attorney so that he/she can initiate the procedure for forced collection from the offender s property.

7 Criminal Procedure Code Novelties: New provision Plea bargain Formal submitting of damages report Injured person files compensation claim with evidence / expert testimony

8 Victims have right to compensation of material and nonmaterial damages from the state fund only if it is provided by special law, i.e. if the victim cannot collect compensation from convicted perpetrator. Formal submitting of the compensation report to the police, public prosecutor s office or court. The report may be accepted or rejected if it is unjustified or late. Victims shall pay for expert testimony.

9 Plea bargain I phase investigation PP collects evidence and the suspect can plea in this phase only regarding the length of penalty (injured person s interests are represented by PP). II phase examination of the indictment PP possesses all evidence and in this phase plea refers only to suspect s guilt (injured person s interests are represented by PP). III phase plea at the trial (injured person s interests are represented by injured person him/herself or his/her attorney).

10 I phase plea bargain regarding the penalty (penalty may be pronounced under statutory limit envisaged for a specific offence, but not below the limits of mitigation specified in Criminal Law) and plea bargain regarding compensation claim. II phase admission of guilt and plea bargain regarding compensation. III phase Judgment on the criminal offence and judgment on compensation.

11 Advantages and shortcomings of the Law on the Rights of the Child Advantages of the LRC: The collection of compensation of a minor victim from the budget of the Ministry of Justice Within the period of 6 months Shortcomings of the LRC: More complex procedure for obtaining compensation from the budget

12 Advantages and shortcomings of the Criminal Procedure Code Advantages of CPC: New provision introduced enabling the victim to collect compensation from the state fund. Expert testimony in I and II phase covered from the state budget (conditionally) Shortcomings of CPC: Expert testimony at the trial to be paid by the victim.

13 Comparison between old and new legislation Old law simpler enforcement procedure Identification of the victim police No formal request for claiming compensation Final judgment to the enforcement officer New law more complex enforcement procedure Identification of the victim final court judgment Formal request for claiming compensation Final judgment competent court

14 Case study

15 Thank you for your attention! Aneta Trajkovska lawyer

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