Hate crime legislation in North Macedonia

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

(Unofficial translation) (emphasis added)

Excerpts related to Hate Crime

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.
(43) Gender-based violence against women shall imply violence directed at women because they belong to the female gender that leads or could lead to physical, sexual, psychological, or economic harm or suffering of women, including direct and indirect threats and instilling fear in women for such acts, extortion or arbitrary deprivation of freedom, regardless of whether they occur in the public or private life.

Article 123 [Murder]
(2)
2a). another will take the life of a woman or a girl up to 18 years of age, while committing gender-based violence.
4). 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.

Article 208 [Not providing medical assistance]
(1)       A doctor or some other health worker who in contrary to his duty does not provide immediate medical assistance to another who is in life danger or the act was committed out of hate, shall be punished with a fine, or with imprisonment of up to one year.

Article 237 [Robbery]
(2)    If the value of the stolen object is of a large extent, or the act has been committed out of hatred the perpetrator shall be punished with imprisonment of at least eight years.

Article 238 [Armed robbery]
(2)          If the value of the stolen objects is of a large extent, or the act has been committed out of hatred the perpetrator shall be punished with imprisonment of at least eight years.

Article 243 [Damage to objects of others]
(2)          If the damage has a significant value or the objects are under temporary protection or are cultural heritage or the act has been committed out of hatred, the perpetrator shall be punished with imprisonment of six months to five years.

Article 258 [Extortion]
(2)          A person who commits the crime from paragraph 1 in a group, gang or some other association, or by using a firearm or dangerous tool in an extremely violent way, or when herewith a significant property gain or a significant property damage was caused, or by intentional caused hard body injury or the act has been committed out of hatred, shall be punished with imprisonment of at least four years.

Article 386 [Act of violence]
(5)           If the criminal act referred to in paragraphs (1), (2) and (3) from the present Article has been committed out of hatred and resulted in a fight, disorder and damage of property of a significant value, the perpetrator shall be punished with imprisonment from one to five years.

Article 400 [Desecration of a grave]
(2)          The person, who commits the criminal acts from paragraph (1) of the present Article out of hatred or by performing the actions from paragraph 1 desecrates two or more graves, shall be punished with a fine, or with imprisonment of up to three years.

Excerpts related to Hate Speech Offences

Article 319 [Using force, maltreatment, endangering the security, damage of property to cause hatred, discord or intolerance]
(1) Whoever, by coercion, maltreatment, endangering safety, exposing national, ethnic, religious and other symbols to ridicule, by burning, destroying or otherwise damaging the flag of the Republic of North Macedonia or flags of other states, by damaging property of others, by desecrating monuments, graves or in another discriminatory manner, directly or indirectly, causes or incites hatred, discord or intolerance based on sex, race, skin color, gender, membership in a marginalized group, ethnicity, language, citizenship, social origin, religion or religious belief, other types of beliefs, education, political affiliation, personal or social status, mental or physical disability, age, family or marital status, property status, health status, or on any other basis provided by law or by a ratified international agreement, shall be punished with imprisonment from one to five years.

Article 394-g [Spreading of Racist and Xenophobic Material via a Computer System]
(1) Whoever, through a computer system, spreads to the public racist and xenophobic written material, an image, or another representation of an idea or theory that helps, promotes, or incites hatred, discrimination, or violence against any person or group, based on sex, race, skin color, gender, membership in a marginalized group, ethnicity, language, citizenship, social origin, religion or religious belief, other types of beliefs, education, political affiliation, personal or social status, mental or physical disability, age, family or marital status, property status, health status, or on any other basis provided by law or by a ratified international agreement, shall be punished with imprisonment from one to five years.
(2) The penalty from paragraph (1) of this Article shall also be imposed on whoever commits the act through other means of public information.

Article 407-a [Approval or Justification of Genocide, Crimes Against Humanity, or War Crimes]
(1) Whoever publicly denies, grossly minimizes, approves of, or justifies an act under Articles 403 to 407 of this Code, shall be punished with a fine or imprisonment of up to three years.
(2) Whoever publicly denies, grossly minimizes, approves of, or justifies an act under Articles 403 to 407 of this Code,  established by a final judgment of a domestic or international court, shall be punished with imprisonment from one to three years.
(3) The penalty from paragraph (2) of this Article shall also be imposed on whoever, via an information system, a public assembly with a speech, by displaying symbols of National Socialist or Fascist regimes, or in any other public way denies, grossly minimizes, approves of, or justifies an act under Articles 403 to 407 of this Code, the Holocaust, and the acts committed by National Socialist regimes.
(4) If the act from paragraphs (1), (2), and (3) of this Article is committed in a manner that incites hatred, discrimination, or violence against a person or group of persons because of their race, skin color, nationality, ethnic origin, religion or belief, disability, sex, gender, gender identity, sexual orientation, and political belief, or if the act causes public disturbance or the manner of its commission is especially threatening or insulting, the perpetrator shall be punished with imprisonment from one to five years.