Chemical Castration as a security measure in the criminal legislation of the Republic of Macedonia

Protecting children from sexual violence represents one of the basic premises of any state of contemporary society. It is quite necessary to take all necessary measures to prevent these criminal acts. The Republic of Macedonia last few years has taken a series of legislative measures aimed at preventing and punishing the most severe offenders of sexual assault against children. Taking only harsh punishments and repressive measures against the perpetrators are not enough for the prevention of sexual assault offenses against children. Those persons should be treated medically in order not to repeat the offense. Chemical castration is considered as most appropriate form of treatment of pedophiles in the world. In 2014 The Republic of Macedonia made a step further by incorporating in its criminal legislation, the pharmacological-medical treatment of perpetrators of sexual assaults against a child who has not attained the age of 14 a.k.a. chemical castration. This article aims to theoretically elaborate this measure as it is regulated in the Criminal Code and in the Law on the Execution of Criminal Sanctions by analyzing the respective articles in order to see the manner, the conditions and the circumstance of its regulation and execution.

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  • 1. Law on Amendments and Addendums of the Criminal Code, Official Gazette of Republic of Macedonia No. 27.2014
  • 2. Law on Amendments and Addendums of the Law on Execution of Sanctions, Official Gazette of Republic of Macedonia No. 166/2014
  • 3. Kambovski,V. (2015) Komentar na Krivicniot Zakonik na Republika Makedonija, Second edition, Matica, Skopje 2015
  • 4. Elizabeth M. Tullio, Chemical Castration for Child Predators: Practical, Effective, and Constitutional, 13 Chap. L. Rev. 191 (2009).
  • 5. Murray, 1998, California's Chemical Castration Law: A Model for Massachusetts? Criminal and Civil Confinement [Vol. 24:729] Available at: http://offerofproof.net/wp-content/uploads/24.2.Murray.pdf
  • 6. Zachary E. Oswald, "Off with His __": Analyzing the Sex Disparity in Chemical Castration Sentences, 19 Mich. J. Gender & L. 471 (2013). Available at: http://repository.law.umich.edu/mjgl/vol19/iss2/5
  • 7. Russell, Stacy, “Castration of repeat sexual offenders: an international comparative analysis” . Houston Journal of International Law, 1997, ISSN: 0194-1879.
  • 8. Jerome S. Blackman &Kethleen Dring – Sexual aggression against children: Pedophiles’ and abusers’, Development, Dynamics, Treatability and the Law; Routledge, 2016, ISBN:978-1-138-92416-1 (hbk) ; ISBN:978-1-138-92417-8 (pbk)