Decision of the Constitutional Court of the Republic of Macedonia off 03.07.1996


The Constitution does not draw any distinction between penal offenses based upon the level of their social danger, and has not established different types of penal offenses. Therefore, the principles of criminal procedure are applicable to all penal offenses in general, including misdemeanors.

Guilt in respect of a penal offense may be established only by a court decision.

The State administrative bodies are not authorized to conduct any type of penal proceedings against citizens, nor to pronounce sentences following conviction for criminal or other offenses.


The case was initiated by a legal person challenging the constitutionality and legality of the provision contained in the Rules on the Government, which authorized the government and other bodies of the State administration to conduct penal proceedings against natural and legal persons and to pronounce sentences in some cases of minor non-criminal (administrative) offenses.

The Constitutional Curt repealed the challenged provision on the grounds that, according to the Constitution, guilt in respect of a penal offense may be established only by a Court decision. The Constitution does not distinguish among penal offenses on the basis of the level of their social danger nor in regard to the establishment of different types of penal offenses, which means that only courts are authorized to conduct penal proceedings. Under the Constitution, the legislative, executive and judicial power are strictly divided and their competence may not be mixed. Therefore the State administrative bodies may not be authorized to conduct any type of penal proceedings.

Supplementary information:

In the same period of reference the Constitutional Court repealed provisions concerning the same matter which were contained in the other statutes.