THE CRIMINAL LAW FRAMEWORK AND JUDICIAL SENTENCING OFROBBERY AND ARMED ROBBERY

Abstract

The research examines the manner in which perpetrators of the criminal
offences of robbery and armed robbery are sanctioned under the
provisions of the Macedonian Criminal Code. These offences protect
property as their legal interest and are characterised by a combination
of two elements: the appropriation of another person’s movable
property and the use of force or threats in order to achieve that objective.
The temporal scope of the research covers the period from 2017 to 2024
and aims to determine the types of sanctions imposed on perpetrators
of the aforementioned offences, as well as whether the sentencing
policy applied by the courts is consistent with the provisions of the
Criminal Code. The findings indicate, in general terms, a relatively
lenient sentencing policy of Macedonian courts towards perpetrators of
robbery and armed robbery. In the majority of cases, convicted
offenders were sentenced to terms of imprisonment below the statutory
minimum. The research also reveals a significant use of alternative
sanctions, particularly suspended sentences, as well as instances in
which security measures were imposed without the simultaneous
imposition of a criminal penalty. The study demonstrates a significant
discrepancy between the sanctions prescribed by law and those
effectively imposed by the courts. Accordingly, recommendations are
proposed for adjusting judicial sentencing policy, taking into account
the principles of legality and the individualisation of punishment. The
research employs analytical and empirical methods and relies primarily
on official statistics provided by the State Statistical Office.