Macedonian Courts Wield Special Powers to Combat Financial Crime in Banking Sector

Amid rising concerns over financial crime in Macedonia’s banking industry, the country’s courts are employing robust investigative measures to tackle this complex issue. In this article, we’ll take a closer look at some of the unique procedures being used.

Special Investigative Measures

Chapter XV of Macedonia’s Criminal Procedure Code outlines the use of special investigative measures aimed at providing vital information and evidence for successful criminal prosecution. These measures include:

Communications, entrances, and means of transport: Courts can monitor these areas to gather evidence.
Computer systems and databases: Authorities can access these resources to investigate financial crimes.
Technical equipment for covert surveillance: Technological tools can be used for undercover investigations.
Simulated transactions: Controlled purchases and bribery schemes can help expose illicit activities.
Controlled delivery and transport: This involves the movement of people and objects under observation.
Undercover agents: Agents can collect information by infiltrating criminal organizations.
Registered simulated companies: Faux businesses can be created to aid investigations.

These investigative measures can be employed when there is a well-founded suspicion of a criminal offense being committed that carries a prison sentence of at least four years or is believed to be committed by an organized group, gang, or criminal enterprise. The following criminal offenses are potentially subject to investigation:

Narcotic drug production and trade.
Extortion.
Money laundering.
Smuggling.
Customs fraud.
Embezzlement.
Theft.
Bribery.
Interference with witnesses.
Membership in criminal enterprises.
Terrorism.
State-related crimes.
Human rights violations.

Should the identity of the perpetrator not be known, investigative measures could be directed toward the object of the criminal act instead.

Important Considerations

It is crucial that no criminal act is instigated through the application of these special investigative measures. Those who undertake the necessary investigative actions under specific conditions will not face criminal prosecution for actions considered abetting the crime.

Search and Seizure

The search of residences and persons is another crucial procedural aspect, allowing investigators to seek suspects or evidence related to the crime. Searches can be conducted with a warrant, which outlines the place and person to be searched and the objects to be confiscated, but they may also be executed without a warrant in specific situations.

When objects are confiscated, a minutes for the search must be created, detailing the objects and parties involved. Additionally, those conducting the search will receive a certificate for each confiscated item.

Without a search warrant, authorized officials of the Ministry of Internal Affairs can enter a residence or premises if they are there to detain or apprehend a person. They may also search a person during an apprehension if they suspect the person to be in possession of weapons, destruction-prone evidence, or if they fear that the person will attempt to hide or destroy the evidence.

In some instances, the seizure and confiscation of objects or evidence is required for the proper execution of the investigation. Objects may be held temporarily, and if the owner refuses to comply, they may be subject to a fine.

To prevent the destruction or laundering of ill-gotten gains, the courts can issue a decision for the temporary securing of relevant objects and means, ensuring their safety and preservation during the criminal procedure.