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- Title
ПРЕКРШОЧНАТА ПОСТАПКА ПРЕД ОРГАНИТЕ НА УПРАВАТА - ЗГОЛЕМЕНА ЕФИКАСНОСТ ИЛИ НАМАЛЕНА ПРАВНА СИГУРНОСТ?
- Authors
Давитковски, Борче; Павловска-Данева, Ана
- Abstract
In this paper, an attempt is made to delineate the criminal act from administrative infractions. This delineation is essential to the imposition of sanctions (criminal or misdemeanor). All exposed elements support the quantitative differences between criminal acts and violations based on different levels, higher or lower, of violations of the legal good, which indisputably are treated as criminal offences and not as part of administrative infractions and represent the basis for an integrative approach to criminal acts. All this does not exclude the need of the correction of certain disadvantages of their treatment as punishable offences in the jurisdiction, emphasized by the fact that there are numerous lesser infractions. Thus certain revisions of the new Law on Misdemeanors adopted in 2015 are more than necessary. In addition to decriminalizing such violations, the court can disburdened by introducing alternatives to tortuous liability and introduction of procedures in the form of mediation in the Law on misdemeanors. Also, turning procedures and dealing with cases by competent police authorities and administrative authorities before they go to court, only leaving difficult and appealed cases to the judiciary. Also, changes introduced by the Law on misdemeanors should include further measures to simplify and accelerate the legal procedure for infraction of misdemeanors.
- Publication
Macedonian Journal for Criminal Law & Criminology, 2017, Vol 24, Issue 1, p1
- ISSN
1409-5327
- Publication type
Article