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Frozen, Seized, and Confiscated Property: Challenges in Implementation

In a recent review of anti-corruption efforts in North Macedonia, authorities identified several challenges in implementing laws related to the administration of frozen, seized, or confiscated property. While the country has made significant strides in combating corruption, there are still areas that require improvement.

Wider Use of Anti-Bribery Laws

The review noted that North Macedonia should consider a wider use of anti-bribery laws, particularly in the private sector. Article 253 of the Criminal Code, which criminalizes passive bribery, and Article 253-a, which criminalizes active bribery, should be more frequently used to combat corruption.

Key Points

  • Anti-bribery laws are underutilized in the private sector
  • Articles 253 and 253-a should be used more frequently to combat corruption
  • Effective implementation requires stronger enforcement mechanisms

Lack of Data on International Cooperation

The review also highlighted the need for more data on international cooperation in combating corruption. While North Macedonia has a comprehensive special law on international cooperation in criminal matters, it was difficult to assess the country’s practice of providing legal assistance in corruption cases due to the absence of relevant data.

Key Points

  • Lack of data hinders assessment of international cooperation in combating corruption
  • Relevant data is essential for effective tracking and evaluation of anti-corruption efforts
  • Improving data collection will enhance transparency and accountability

Challenges in Extradition and Transfer of Sentenced Persons

The review identified several challenges in extradition and the transfer of sentenced persons. North Macedonia has a two-tier extradition system, which can be complex and time-consuming. The country also does not extradite its citizens unless there is an international or bilateral agreement to do so.

Key Points

  • Two-tier extradition system can be complex and time-consuming
  • Limitations on extradition of citizens hinder effective cooperation with other countries
  • Simplification and streamlining of extradition procedures are necessary

The review noted that North Macedonia’s Law on International Cooperation in Criminal Matters provides for a wide range of mutual legal assistance measures. However, the country may need to improve its procedures and protocols for receiving and executing MLA requests.

Key Points

  • Law on International Cooperation in Criminal Matters provides for broad MLA measures
  • Improving procedures and protocols is necessary for effective MLA cooperation
  • Enhancing MLA will strengthen anti-corruption efforts and international cooperation

Recommendations

To address these challenges, the review recommended that North Macedonia:

  • Increase the use of anti-bribery laws in the private sector
  • Provide more data on international cooperation in combating corruption
  • Simplify and streamline extradition procedures
  • Improve procedures for transferring sentenced persons
  • Enhance mutual legal assistance measures

By addressing these challenges, North Macedonia can strengthen its efforts to combat corruption and improve transparency and accountability in the administration of frozen, seized, or confiscated property.