REPUBLIC OF MACEDONIA AND SMUGGLING OF MIGRANTS - LEGAL FRAMEWORK AND PREVENTIVE ACTION

Krstevska, Katerina (2017) REPUBLIC OF MACEDONIA AND SMUGGLING OF MIGRANTS - LEGAL FRAMEWORK AND PREVENTIVE ACTION. Abstracts Book of the 2nd International Conference on Immigration and Security „Immigration and Integration“. p. 5.

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Abstract

In 2004 the Macedonian Criminal Code was supplemented with two criminal acts which object of protection were the migrants. Namely, its Chapter 34 “Criminal acts against humanity and international law” was broaden with the act Smuggling of migrants (Article 418-b) and the act Organizing a group and instigating to commit the acts of human trafficking, trafficking of minor person and smuggling of migrants (Article 418-c). In the years that followed, the provisions of the bought criminal acts became a subject of insignificant changes - the Article 418-b was changed in 2009 and the Article 419-c was changed in 2008 and 2011. Therefore, the Paper shall pay attention to the Macedonian legislation, especially to the provisions of the Criminal Code. By analysing the legal framework of these criminal acts, from the aspect of the criminal policy, their trend of movement shall be determined.
On the other hand, with the help of scientific analysis and description of the statistical data disposable to the Macedonian State Statistical Office, the detecting and proving activities of the Macedonian law enforcement organs shall be noted through the submitted criminal reports, initiated accusations and delivered judgments for sanctioning the perpetrators of the criminal acts defined in the Articles 418-b and 418-c. Furthermore, a special note shall be given to the type of the criminal sentences imposed to the convicted adult persons. Such study shall enable to determine whether the sentence imprisonment prevails over the sentence probation-imprisonment, and also shall enable to determine the length of the imposed sentences.
In addition, having in mind the aspiration of the Republic of Macedonia to become an EU member, the European Commission’s progress reports shall be analysed from the aspect of the smuggling of migrants, i.e. the efforts that Republic of Macedonia takes in order to comply with the Copenhagen criteria and the conditionality of the Stabilisation and Association Process.
Finally, the Paper shall address several domestic documents that focus on the migrants, among which are the National Strategy for Combating Trafficking in Human Beings and Illegal Migration and its Action Plan. As noted in the Strategy, it presents a reflection of the current state of affairs in this area, but it also represents a vision for ongoing improvements of coordination activities, advancing the legislative framework and increased implementation, as well as further preventative action in the fight against trafficking in human beings and illegal migration.

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Security
Depositing User: Ms. Olivera Trajanova
Date Deposited: 08 Jan 2021 12:29
Last Modified: 08 Jan 2021 12:29
URI: https://eprints.uklo.edu.mk/id/eprint/6106

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