The New Law on Civil Confiscation in the Republic of North Macedonia

Abstract

Confiscation, as a criminal law measure, plays a significant role within the legal framework of the Republic of North Macedonia, although it does not represent a novelty in the national legislation. The 2004 legal reforms formally introduced confiscation as a mechanism aimed not at punishment but at restoring legal equity by depriving individuals of assets unlawfully acquired through criminal activity. The legal framework distinguishes between in rem confiscation regulated under civil law and in personam confiscation applied within the scope of criminal law. The adoption of the Law on Confiscation of Property in Civil Proceedings introduced the possibility of confiscating property without a final criminal conviction, thereby broadening the state’s capacity to target assets reasonably suspected of illicit origin. This development raises important questions as to procedural safeguards and legal certainty, particularly in relation to the rule of law and the protection of individual rights. The paper examines the normative and procedural aspects of both forms of confiscation, their implementation in practice, and the underlying reasons for their limited application in judicial proceedings.