Criminal Code of the Republic of Macedonia (2009, as amended in 2023) 

(Unofficial translation) (emphasis added)

Excerpts related to Hate Crime 

Article 5 [Gender-based violence]

Gender-based violence against women shall mean violence against women because they belong to the female gender that leads or may lead to physical, sexual, psychological or economic injury or suffering to women, including direct and indirect threats and intimidation for such acts, coercion or arbitrary deprivation of liberty, regardless of whether they occur in public or private life.

Article 39 [General Aggravating circumstances]

(5) When the court metes out the sentence, it shall especially consider whether the crime has been committed against a person or a group of persons or property, directly or indirectly, because of his or their sex, race, skin color, class, member of a marginalized group, ethnic background, language, nationality, social background, religious belief, other types of beliefs, education, political affiliation, personal or social condition, mental or physical disability, age, family or marital status, property status, health condition, or any other ground foreseen by law or ratified international agreement.

(6) If the court does not apply the provision of paragraph (5) of this Article, it shall be obliged to explain the reasons for such decision.

Article 122 [Hate crime definition]

(42) A hate crime, as prescribed with the provisions of this law, is a criminal act against a person or legal entity and persons or property related to it, that is committed entirely or partially because of the actual or presumed characteristic of the person that refers to race, colour of skin, nationality, ethnic origin, religion or belief, mental or physical disability, sex, gender identity, sexual orientation, political affiliation.

Article 123 [Murder]

(2) -3). another will take the life of a woman or a girl up to 18 years of age, while committing gender-based violence.

(2) -5). deprives another of life for self-interest, because of committing or covering up another crime, for ruthless revenge, out of hate or for other low motives.

Article 129a – [Mutilation of Female Genital Organs]

(4) If the crime referred to in paragraphs (1), (2) and (3) of this Аrticle is committed out of hatred, or against a girl, or serious physical injury to the woman is premeditated, the perpetrator will be punished with an imprisonment from one to eight years. 

Article 130 [Bodily Injury]

(2) Whosoever commits the crime referred to in paragraph (1) of this Article while committing gender-based violence, violence against women or domestic violence or out of hatred or against a person who is particularly vulnerable due to his/her age, severe physical or mental disabilities or pregnancy, shall be punished with an imprisonment from six months to five years.

Article 131 [Severe bodily injury]

(2) Whosoever commits the crime referred to in paragraph (1) of this Article while committing gender-based violence, violence against women or domestic violence or out of hatred or against a person who is particularly vulnerable due to his/her age, severe physical or mental disabilities or pregnancy, shall be punished with an imprisonment from one to five years. 

Article 139 [Coercion]

(2) If the act referred to in paragraph (1) of this Article was committed while committing gender-based violence against women, domestic or hate violence, or violence against a person who is particularly vulnerable due to his/her age, disability or pregnancy, the perpetrator shall be punished with a prison sentence from six months to three years.

Article 140 [Unlawful deprivation of liberty]

(2) If the crime referred to in paragraph (1) of this Article was committed while committing gender-based violence, violence against women or family violence or out of hatred or against a person who is particularly vulnerable because of his/her age, disability or pregnancy, the perpetrator will be punished with an imprisonment from six months to three years.

Article 142 [Torture and other cruel, inhuman or degrading treatment and punishment]

(2) If, the crime referred to in paragraph (1) causes the damaged party severe physical injury or other especially severe consequences, or it is committed out of hate, the perpetrator shall be sentenced to imprisonment of minimum four years.

Article 144 [Threatening the safety]

(3) Whosoever commits the crime referred to in paragraph (1) of this Article while committing gender-based violence, violence against women or family violence or out of hatred or against a person who is particularly vulnerable due to his/her age; severe physical or mental disabilities or pregnancy, will be punished with an imprisonment from three months to three years. 

[…]

(5) Whosoever publicly, or through an information system, threatens to commit a crime against a person for which a prison sentence of five years or a more strict sentence is provided for due to his belonging to a certain race, skin colour, origin, national or ethnic affilitation, sex, gender, sexual orientation, gender identity, membership to a marginalized group, language, citizenship, social origin, education, religion or religious belief, political belief, other belief, disability, age, family or marital status, property status, state of health, personal quality and social status or any other basis provided for by law or agreement ratified in accordance with the Constitution of the Republic of North Macedonia, shall be punished with a prison sentence of one to five years."

Article 155 [Prevention or disturbance of public gathering]

(2) If the crime referred to in paragraph (1) is committed out of hate or by an official person by misusing his official position or authorization, he shall be sentenced to imprisonment of three months to three years. 

Article 186 [Sexual Assault and Rape]

(6) If due to the crime referred to in paragraphs (1) to (5) of this Article, serious bodily injury, death or other serious consequences occurred or the crime was committed by several persons or in a particularly cruel or humiliating manner or out of hatred, the perpetrator shall be punished with an imprisonment of at least ten years or with life imprisonment.

Article 187 [Sexual assault of a helpless person]

(3) If because of the crime referred to in paragraph (1) and paragraph (2) a severe bodily injury, death or some other severe consequences were caused, or if the crime was committed by several persons in an especially cruel or degrading manner or out of hate, the perpetrator shall be sentenced to imprisonment of minimum ten years or a life imprisonment.

Article 188 [Sexual assault against a child who has not turned 14 years of age]

(2) If a severe bodily injury, death or any other severe consequences have been caused because of the crime referred to in paragraph (1) or the crime has been committed by several persons or in an especially cruel and degrading manner or out of hate, the offender shall be sentenced to imprisonment of minimum 15 years or to life imprisonment.

Excerpts related to Hate Speech Offences

Article 319 [Using force, maltreatment, endangering the security, damage of property to cause hatred, discord or intolerance]

Whosoever by force, maltreatment, endangering the security, mocking of the national, ethnic, religious and other symbols, by burning, destroying or in any other manner damaging the flag of the Republic of Macedonia or flags of other states, by damaging other people's objects, by desecration of monuments, graves, or in any other discriminatory manner, directly or indirectly, causes or excites hatred, discord or intolerance on grounds of gender, race, colour of the skin, membership in marginalized group, ethnic membership, language, nationality, social background, religious belief, other beliefs, education, political affiliation, personal or social status, mental or physical impairment, age, family or marital status, property status, health condition, or in any other ground foreseen by law on ratified international agreement, shall be sentenced to imprisonment of one to five years.

Article 319 [desecration of a place of worship or graves]

(1) Whosoever by force, maltreatment, endangering the security, mocking of the national, ethnic, religious and other symbols, by burning, destroying or in any other manner damaging the flag of the Republic of Macedonia or flags of other states, by damaging other people's objects, by desecration of monuments, graves, or in any other discriminatory manner, directly or indirectly, causes or excites hatred, discord or intolerance on grounds of gender, race, colour of the skin, membership in marginalized group, ethnic membership, language, nationality, social background, religious belief, other beliefs, education, political affiliation, personal or social status, mental or physical impairment, age, family or marital status, property status, health condition, or in any other ground foreseen by law on ratified international agreement, shall be sentenced to imprisonment of one to five years.