Chapter 15

Crimes against the rights and freedoms of the human and citizen

Injury to the equality of citizens

article 137

(1) A person who, based on a difference in sex, race, color of skin, national and social origin, political and religious belief, wealth and social position, the language or other personal characteristics or circumstances, takes away or limits the rights of person and citizen, determined by the Constitution, by law or by ratified international covenant, or who based on all these differences gives citizens favors, shall be punished with imprisonment of three months to three years

(2) If the crime from item 1 committed by an official person while performing his duty, he shall be punished with imprisonment of six months to five years.

Violation of the right to use the language and the alphabet

article 138

(1) A person who takes away or limits the right of the citizens to use the language and the alphabet, guaranteed by the Constitution, by law or by international covenant Shall be punished by imprisonment of three months to three years

(2) If the crime from item 1 committed by an official person while performing his duty, he shall be punished with imprisonment of six months to five years.

Crimes Against the State

Causing national, racial or religious hate, discord or intolerance

article 319

(1) A person who by force, mistreatment, endangering the security, ridicule of the national, ethnic or religious symbol, by damaging other people's objects, by desecration of monuments, graves, or in some other manner causes or excites national, racial or religious hate, discord or intolerance shall be punished with imprisonment of one to five years

(2) A person who commits the crime from item 1, by misusing his position or authorization, or if because of these crimes, riots and violence were caused among people, or a property damage with a large extent was caused shall be punished with imprisonment of one to ten years

Crimes against humanity and international law

Genocide

article 403

(1) A person who with the intention of complete or partial destruction of some national, ethnic, racial or religious group, orders the murder or infliction of serious body injuries, or serious harm to the physical or mental health of members of a group, or forced resettlement of population, or to place the group under such living conditions as to bring about the complete or partial extermination of the group, or to apply measures that prevent birth among the members of the group, or a person who with the same intention, commits some of the above mentioned crimes, shall be punished with imprisonment of at least ten years, or with life imprisonment

Organizing of the group and encouragement for committing the genocide and war crimes

article 408

(1) The person who is organizing the group for committing the crimes from the articles 403 to 406 shall be punished with imprisonment of at least ten years

(2) The person who will become member of the group from the item 1 shall be punished with imprisonment of at least one year

(3) The person who belong to the group from the item 1 who will uncover the group before committing the crime as a member of the group or for the group shall be dismissed from the punishment

(4) The person who convoke or encouragement for committing the crimes from the articles 403 to 406 shall be punished with imprisonment of one to ten years

Racial or other discrimination

article 417

(1) A person who based on the difference on the race, color of skin, nationality or ethnic belonging, violates the basic human rights and freedoms, acknowledged by the international community, he shall be punished with imprisonment of six months to five years.

(2) The punishment from item 1 applies also to a person who persecute organizations or individuals because of their efforts for equality of the people.

(3) A person who spreads ideas about the superiority of one race above some other, or who advocates racial hate, or instigates to racial discrimination he shall be punished with imprisonment of six months to three years.

Source: Unofficial translation
"Official Gazette of the Republic of Macedonia", No. 37/96