The European Commission has expressed concerns over North Macedonia’s recent amendments to its Penal Code, which have led to reduced prison sentences for individuals found guilty of abusing their official positions in judicial corruption cases.
Ana Pisonero, the spokesperson for the European Commission, voiced these concerns, stating, “The European Union is apprehensive about certain changes in the Penal Code that were swiftly approved by North Macedonia’s parliament. These amendments, which reduce the maximum legal penalties, have raised concerns about the depoliticization principle and their potential impact on numerous high-level corruption cases”.
The amendments, approved on September 6, have significant implications. They include halving prison sentences and entirely eliminating them in cases of misconduct involving misuse of office or authority, particularly in public procurement or actions that deplete government funds.
Previously, the Penal Code stipulated prison terms ranging from five years to over a decade for such criminal activities.
However, the revised penalties will now not exceed five years.
A more substantial reduction in prison sentences is noted in Article 394 of the Penal Code, which addresses the criminal offense of “criminal association”.
Previously, individuals found guilty of creating a criminal group could face a maximum sentence of ten years in prison. With the recent changes, the maximum sentence has been lowered to three years in prison.
Pisonero emphasized the importance of effective and appropriate sanctions for corrupt activities. She pointed out that North Macedonia’s commitment to promoting the rule of law and combating impunity should be reflected in convincing penalties.
The European Union expressed regret over the lack of comprehensive consultations with local stakeholders and the European Commission prior to these amendments. Additionally, there were concerns about the use of the EU flag procedure, which should be applied transparently and primarily focused on aligning national legislation with European Union standards.
Pisonero clarified that “the European Commission would continue to closely monitor North Macedonia’s progress in upholding the rule of law, particularly in the context of its accession negotiations with the European Union”.
In response, the United States Ambassador to North Macedonia, Angela Aggeler, announced that a legal team from the U.S. Embassy would review the recent changes to the Penal Code.
The U.S. Department of State also highlighted the grave threat of corruption to North Macedonia’s strategic aspirations and called on the country’s leaders to deliver tangible results in the fight against corruption. This includes strengthening institutional independence and preventing political interference, particularly within the judiciary, to build citizens’ trust in the government.
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