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CRIMINAL CHARGES BROUGHT BY THE CUSTOMS ADMINISTRATION IN FEBRUARY 2017
 
 

 
Skopje 03.03.2017

Acting upon the established irregularities, in February 2017 the Customs Administration of the Republic of Macedonia brought criminal charges for 6 cases against 6 natural and 4 legal entities.

“Unauthorised manufacture and release of narcotics, psychotropic substances and precursors”
Criminal charges were filed to the Public Prosecutor’s Office in Struga against an Albanian national (M.R.). On 10th February 2017, as passenger in a van travelling from Tirana to Struga arrived for entrance into Macedonia. During inspection of a jacket placed in the luggage area, inside it, the customs officers found 4 packages of marijuana weighing 2 kilograms. The suspect was brought before a judge in preliminary procedure in the first-instance court Struga, who imposed detention for 30 days.
Criminal charges were filed to the Public Prosecutor’s Office in Skopje against a Macedonian national (P.V). On 18th January 2017, the person came to pick up a parcel – plastic can with black resin with characteristic smell. After obtaining order from the Public Prosecutor’s Office Skopje, the substance was analyzed and it was established that it is hashish, narcotic drug weighing 100 grams

Falsifying document
Criminal charges were filed to Public Prosecutor’s Office in Bitola against a legal person from Bitola and its responsible person (N. K.) also from Bitola, on grounds of suspected falsification of a document, later used as genuine. Presenting two import declarations, the suspects cleared two second-hand vehicles for the needs of the legal entity. For the import clearance procedure, they submitted sales contracts, issued from a seller from Germany, for which there were certified statements of origin, signed by the exporter, as proof of EU preferential origin. This was done for the purposes of benefiting from 0% customs duty rate. Due to suspicion regarding the authenticity of the proof of origin, the Customs Administration addressed the Customs Administration of Germany with a request for verification of proof of origin, whereby response was received ascertaining that the seller had not prepared, nor signed statement of origin in the Contract. The Customs Administration calculated additional customs debt, which the importer is obliged to pay. 

Violation of industrial property rights and unauthorized use of another person’s company

- Criminal charges were brought before the PPO Strumica against a Skopje based legal entity and its responsible person (I.T.) also from Skopje, on grounds of reasonable doubt that they committed a crime - Violation of industrial property rights and unauthorized use of another person’s company. On 28th February 2017, at the customs office Blace, for the needs of the legal entity, a customs declaration was submitted for import clearance of different goods originating in Kosovo. During the examination of the goods, the customs officers found 600 pieces alcoholic beverages bearing marks of protected trademark.
- Criminal charges were brought before the PPO Skopje against a Skopje based legal entity and its responsible person (S.I.) also from Skopje, on grounds of reasonable doubt that they committed a crime - Violation of industrial property rights and unauthorized use of another person’s company. On 3rd February 2017, at the customs office Skopje 2, for the needs of the legal entity, a customs declaration was submitted for import clearance of different goods originating in China. During the examination of the goods, the customs officers found 380 pieces of eau de toilette bearing marks of protected trademark.
- Criminal charges were brought before the PPO Veles against a Skopje based legal entity and its responsible person (Z.F.) also from Skopje, on grounds of reasonable doubt that they committed a crime - Violation of industrial property rights and unauthorized use of another person’s company. On 10th October 2016, at the customs office Gevgelija, for the needs of the legal entity, a customs declaration was submitted for import clearance of different goods originating in Turkey. During the examination of the goods, the customs officers found 26,496 hard compressed candies, packed in package bearing marks of protected trademark.

In all three cases listed above, due to reasonable doubts that the goods violate intellectual property rights, acting in accordance with its competences, the Customs Administration seized the goods. After inspecting the goods, the representatives of the trademarks notified the Customs Administration that they have received confirmation from the holders of industrial property right that the seized products are counterfeits and violate their industrial property rights. This way the perpetrators released on the market products that are subject to protection of industrial property rights, in order to deceive buyers, thus committing a crime.

 





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