The Framework of Criminal Law
Legislation on Bias-motivated Violence: None
|Bias-motivated Violent Crimes as Specific Offenses||Bias as an Express General Aggravating Factor||Bias as an Aggravating Factor in Specific Common Crimes|
Bias Types Covered by Provisions on Aggravating Circumstances: N/A
|Race/National Origin/Ethnicity||Religion||Sexual Orientation||Gender||Disability||Other|
The Criminal Code of Macedonia does not contain any general provisions that expressly enable the racist or other bias motives of the offender to be taken into account by the courts as an aggravating circumstance when sentencing.
According to the European Commission against Racism and Intolerance’s (ECRI) Third Report on Macedonia, the Macedonian authorities claim it is within the judge’s discretion to consider racist motivations and assign higher penalties in such cases. ECRI reported that “there do not, however, seem to be many, if any, examples of judges having used their discretion in this manner.”
 ECRI, “Third Report on The Former Yugoslav Republic of Macedonia,” para. 27, adopted on June 25, 2004 and released on February 15, 2005, http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/MKD-CbC-III-2005-4-ENG.pdf.