North Macedonia (Republic of)
Status regarding Budapest ConventionStatus : Party Signed : 23/11/2001 Ratified / acceded : 15/09/2004 Declarations and reservations : Entered into force on 01.01.2005 See legal profile
The National Cyber Security Strategy 2018 - 2022 and its Action plan were approved in December 2018.
This Strategy identifies a total of five goals for improving the National Cyber Strategy for North Macedonia namely:
1. Cyber resilience
2. Cyber capacities and cyber culture
3. Combating cybercrime
4. Cyber defence
5. Cooperation and exchange of information
State of cybercrime legislation
North Macedonia ratified the Convention on Cybercrime and its Additional Protocol:
Law on ratification of the Convention on Cybercrime (Official Gazette No. 41 from 24.06.2004);
Law on ratification of Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems (Official Gazette No.56 from 05.06.2005).
The provisions of the Budapest Convention were transposed in the Criminal Code and Criminal Procedure Code:
Law on Criminal Code, Official Gazette No .37/1996, 80/1999, 4/2002, 43/2003, 19/2004, 81/2005, 50/2006, 60/2006, 73/2006, 87/2007, 7/2008, 139/2008, 114/2009, 51/2011, 51/2011, 135/2011, 185/2011, 142/2012, 143/2012, 166/2012, 55/2013, 82/2013; 14/14, 27/14, 28/14, 41/14, 115/14, 132/14, 160/14, 199/14, 196/15, 226/15, 97/17 and 248/18)
Law on criminal procedure, Official Gazette No.150/2010, 100/2012
The substantive provisions of the criminal acts of cybercrime are contained in the Criminal Code and concern the following:
Article 122 - Definition of payment card, child pornography, computer system and computer data
Article 144 - Endangering security
Article 147 - Violation of confidentiality of letters or other parcels
Article 149 - Misuse of personal data
Article 149-a - Prevention of access to a public information system
Article 157 - Violation of an author's right and related rights
Article 157a - Violation of the right of the technical specially of protected satellite signal
Article 157 b - Piracy of audiovisual products
Article 157c - Piracy of phonograms
Article 193 - Showing pornographic materials to a child
Article 193 a - Production and distribution of child pornography
Article 193 b - Enticement to intercourse or other sexual acts on a minor under 14 years
Article 251 - Damage and unauthorized entering in a computer system
Article 251a - Production and spreading of computer viruses
Article 251b - Computer fraud
Article 271 - Making, procuring or selling counterfeiting means
Article 274 b - Issuing a bad check and abuse of a credit card
Article 286 - Violation of the right of registered or protected invention and topography of integrated circuits
Article 379 a - Computer forgery
Article 394 D - Dissemination of racist and xenophobic material through computer systems.
Criminal Procedure Code provides for measures and actions that apply specifically to investigation of cybercrime as well as measures and actions applicable to conventional crime:
Article 184 - Search of a computer system and computer data
Article 198 - Temporary seizure of computer data
Chapter XIX refers to special investigative measures, Article 252 mentions:
- monitoring and recording of the telephone and other electronic communications
- secret access and search of computer systems
- inspection of telephone or other electronic communications.
Article 287 (8) - The public prosecutor may request subscriber data in the investigative phase
Basic freedoms and rights of the individual and citizen, recognized in international law and set down in the Constitution is one of the fundamental values of the constitutional legal order in The Republic of North Macedonia.
Title II of the Constitution guarantees basic freedoms and rights of the individual and citizen, among which:
Article 16 – Freedom of expression and free access to information
Article 17 - Freedom and confidentiality of correspondence and other forms of communication
Article 18 - Security and confidentiality of personal information
Article 25 – Right to privacy of his/her personal and family life
Article 26 - Right to the in violability of the home.
The Criminal Procedure Code provides for safeguards in the application of procedural powers. For example, Chapter XIX on special investigative measures specifies that these should be applied as a last resort measure, enumerates the categories of crimes to which these may be applied, identifies the persons against whom special investigative measures may be ordered, specifies the duration of the measures, the authorisation of the measures, as well as the procedure for informing the concerned person, termination of special investigative measures and destroying collected information if it is not relevant for the procedure.
Chapter XVII, measures for locating and safeguarding persons and objects-article 181 (2), article 184 of the Criminal Procedure Code, are referring to investigative measures required for searching a computer system and computer data.
According to Article 256 of the Criminal Procedure Code monitoring and recording of the telephone and other electronic communications and secret access and search of computer systems is authorised by the preliminary procedure judge with a written order upon an elaborated motion by the public prosecutor. Inspection of telephone or other electronic communications is ordered by the public prosecutor with a written order.Basic freedoms and rights of the individual and citizen, recognized in international law and set down in the Constitution is one of the fundamental values of the constitutional legal order in The Republic of North Macedonia.
Related laws and regulations
Law on Electronic Communications, Official Gazette No.13/2005, 14/2007, 55/2007, 98/2008, 83/2010, 13/2012, 59/2012, 123/2012, 23/2013
Law on Interception of Communications, Official Gazette No.121/2006, 110/2008, 4/2009, 116/2012
Law on Electronic Commerce, Official Gazette No.133/2007, 17/2011
Law on Electronic Management, Official Gazette No.105/2009, 47/2011
Law on Litigation, Official Gazette No. 79/2005, 110/2008, 83/2009, 116/2010
Law on Data in Electronic Form and Electronic signature, Official Gazette No.34/2001, 98/2008
Law on Personal Data Protection, Official Gazette No. 7/2005, 103/2008, 124/2008, 124/2010, 135/2011, 43/2014, 153/2015 and 99/2016.
Law on International Cooperation in Criminal Matters (Law No. 07-3754/1, dated 14 September 2010).
Cybercrime and Digital Forensics Sector, Ministry of Interior
Public Prosecutors Office
National Center for Computer Incident Response (MKD-CIRT)
FIU within the Ministry of Finance
Financial Police within the Ministry of Finance
Practical guides, templates and best practices
Sources and links
Ministry of Interior: http://www.mvr.gov.mk/
Ministry of Information Society and Administration: https://www.mioa.gov.mk/
Ministry of Justice: https://www.pravda.gov.mk/
Directorate for Personal Data Protection: https://www.dzlp.mk/en/node/46
Data protection regulations: https://www.dzlp.mk/en/node/2188