THE ROLE OF THE MISLEADING INSTITUTE IN MACEDONIAN CRIMINAL LAW

Abstract

The repressive power of the state is an emanation of its sovereignty. Repressive power means the authority of the state to prescribe and enforce criminal offences and penalties. Any penal law which prohibits a particular conduct and prescribes a sentence has a two-sided nature.It contains a prohibition on the commission of the particular offence and, at the same time, an order addressed to the judicial authorities for the fulfillment of the operative part of that norm, which consists in the application of the sanction. By declaring certain conduct a punishable offence, the state shall at the same time determine in a spatial sence the limits of its right to punishment, ie the exercise of the said operative part of the penalties. In this brief presentation our focus will be on the role of the misconception institute and its effect on the overall penal legislation in the Republic of Macedonia, which also consists of norms of a two-sided nature.

Key words: Criminal law, crime, elements of crime, exclusion of criminal responsibility, real misconduct, legal misconduct.