Defendant M.I., citizen of the Republic of Macedonia, manager of the legal entity Company for Production, Trade and Services “I. B.” Export-Import N. D., was found guilty because in the period from June to December 2017 on three occasions, by using the same permanent relationship as a manager of the legal entity D PTU “I. B.” Export-Import N. D., in a business record that he is obliged to keep under the law, contrary to Article 9 para. 2 of the Law on Weapons, entered false information in the Certificates no. 20/1 of 20 June 2017, no. 25/2 of 24 July 2017 and no. 42/1 of 12 December 2017, where he stated that the legal entity Company for Production, Trade and Services “I. B.” Export-Import N. D., was a hunting association, despite the fact that this legal entity is not registered in the Central Registry of the RM as a hunting association, but as a hunting ground with its prevailing business activity of hunting, trapping and respective service activities, on which it has a Concession Agreement to use under concession the game in the hunting ground no. 5 “K.”. Despite the fact that this legal entity was not registered as hunting association, thus was not allowed to issue certificates to natural persons that they are members of the hunting association “I”, but it still issued such certificates that were certified by an official seal of the legal entity in order to be submitted to the Ministry of Interior by 3 individuals as support to their requests for issuance of permit for procurement of weapons.
By the above actions, the defendant M. I. from S. committed the crime of Counterfeiting or Destructing of Business Books under Art. 280. para. 1 of the CC. Hence, the court imposed a fine in the amount of 15 – fifteen daily fines with a fixed value of 10 – ten euros, or a fine in total amount of 150 – one hundred and fifty euros calculated in denars.
Counterfeiting or destructing of business books, paragraph 1of the Article 280.
Article 280
(1) Whosoever enters false data or does not enter some important data in a business document, trade book, financial report, book or paper, which he is obliged to maintain based on a law or some other regulation, or who with his signature or stamp verifies a business document, book or paper with false contents, or who with his signature or stamp makes it possible to prepare a document, book or paper with false contents, shall be fined or sentenced to imprisonment of up to three years.
(2) The sentence referred to in paragraph 1 shall also be imposed to whosoever uses a false business document, trade book, financial report, book or paper as if it were real, or whosoever destroys, covers up, damages or in some other way makes unusable a business document, book or paper.
(3) If the crime referred to in this Article is committed by a legal entity, it shall be fined
This case is about a lesser crime, but it is interesting because it serves as a way to acquire the right to obtain license for the purchase and possession of weapons. The crime was committed in such manner where the unauthorized person issued a document with content that he was not authorized to issue, thus misleading the competent authorities to issue licenses for the procurement and possession of weapons.
Defendant M. I. in the period from June to December 2017, on three occasions, and by using the same permanent relationship as a manager of the legal entity D PTU “I. B.” Export-Import N. D., in a business record that he is obliged to keep under the law, contrary to Article 9 para. 2 of the Law on Weapons, entered false information in the Certificates no. 20/1 of 20 June 2017, no. 25/2 of 24 July 2017 and no. 42/1 of 12 December 2017, where he stated that the legal entity Company for Production, Trade and Services “I. B.” Export-Import N. D., was a hunting association, and it is not registered in the Central Registry of the RM as a hunting association, but as a hunting ground with its prevailing business activity of hunting, trapping and respective service activities, on which it has a Concession Agreement to use under concession the game in the hunting ground no. 5 “K.”, entered into with the Government of the Republic of Macedonia as a Concessioner on 9 July 2017. However, as a hunting ground without a registered hunting association, he was not allowed to issue certificates to natural persons that they are members of the hunting association “I”. These certificates were submitted to the Ministry of Interior by 3 individuals as part of their requests for issuance of license for procurement of weapons.
Basic Court Gevgelija
This verdict is obtained from the official web site of the Basic Court in Gevgelija.
The case is interesting because it reflects the manner of circumventing the law to obtain license for the acquisition and possession of firearms. In this specific case, the court imposed a fine based on a summary procedure – the procedure for issuing a penal order.