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macedonia
1. Bribery in the public sector
Definition of a public official as receiver of gifts and benefits in bribery
related offences
Public officials are defined as:
The President of the Republic of Macedonia (“RM”), the appointed
ambassadors and other representatives of the RM abroad and persons
appointed by the President of the RM, an elected or appointed
official in and from the Parliament, in the Government of the RM, in
the state administration bodies, in the courts, in the Public Prosecutor’s
Office, the Judicial Council of the RM, the Council of Public Prosecutors
of the RM and in other bodies and organisations which perform
certain professional, administrative or other activities within the
framework of the rights and duties of the Republic, in the local selfgovernment
units, as well as persons who permanently or temporarily
perform an official duty in these bodies and organisations;
a civil servant performing professional, normative, executive, administrative-supervisory
activities and administrative activities in accordance
with the Constitution and the law;
an authorised person within a legal entity which by law or by some
other enacted regulation based on law is entrusted with performing
public duties, when the duty is performed within the framework of
those authorities;
a person performing certain official duties, based on the authorisation
given by law or by some other enacted regulations based on law;
a military person, when considering crimes in which an official person
is pointed out as the offender; and
a representative of a foreign country or an international organisation
in the Republic of Macedonia.
Is it an offence to bribe a public official with the intention that
they act or omit to act contrary to their duties?
Yes.
Is it an offence to bribe a public official with the intention that
they act or omit to act in accordance with their duties?
Yes.
Is there a specific monetary limit up to which a person can offer
gifts to public officials without being held criminally liable?
(e.g., gifts below EUR 100 will not be considered an advantage)
(Geringfügigkeitsgrenze)
No, there is no specific monetary limit under the Criminal Code. The
representatives of the state bodies can receive occasional personal
gift whose value does not exceed EUR 200 in Denar countervalue
(MKD 12,200), from a donor of a foreign state, a foreign body, a
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