Application and the Implementation Organs of Alternative Measures in Macedonia

Abstract

The alternative measures are useful sanctions for those who commit the penal acts and for the whole society. The present better chances and more favourable on the realisation of rights and personal freedoms and to the functioning of democratic society. Until now the alternative sanctions are known very well since there exist states that had them since in earlier times and have commenced to apply them.On the basis of a critical viewpoint regarding the way how they are applied in Macedonia, analysing the statistics of the Statistical Institution, it is concluded that Macedonia even though has foreseen them in the penal Code since in 2004, has not yet started their application. Until now regarding the offenses with a low social risk have been pronounced only two types of alternative measures such as: conditional sentence and the judicial remark while the other types have not been applied so far. The Criminal policy should be oriented in two directions: - in one direction should be started as soon as possible to apply the foreseen sanctions which are part of the law, and - on the other side besides the new types of alternative measures which are not yet part of it yet, but the other states have them and they do have an effect on them, and it is thought that they would have such impact even in our states. With alternative measures is enabled a better respecting of freedoms and human rights and the benefit is double, since there benefits the convicted person but in the meantime the state itself benefits as well. Macedonia in order to have success in their execution needs to have a coordination of law courts, should appeal to those that apply more often the protective supervision.,forming special teams which is are ready to perform their duties, there should be found good material means with which would be constructed a more effective,preventative, measures should be taken to prevent criminality, there is needed training of lawyers in that direction and to be asked that where it is possible the defined criteria should be applied. The alternative measures are functional measures, they bring positive impact and are very important,therefore it is indispensible to start their application in practice, as a very effective opportunity to a normal, quiet and secure life for all citizens.

DOI: 10.5901/mjss.2014.v5n16p78