(2) The criminal legislature shall also be applicable to a foreigner who commits a crime abroad, against a foreign country or a foreigner, who according to that legislature may be sentenced to five years of imprisonment or to a more severe punishment, in case he finds himself on the territory of the Republic of Macedonia, and is not extradited to the foreign country. Unless otherwise determined by this Code, in such a case the court may not pronounce a more severe punishment than the one prescribed by law of the country of commission of the crime. Special conditions for prosecution Article 120 (1) If in the cases referred to in Article 116, the criminal procedure is initiated or completed in a foreign country, the prosecution in the Republic of Macedonia shall be initiated only after obtaining approval from the Public Prosecutor of the Republic of Macedonia. (2) In the cases referred to in Articles 118 and 119, no prosecution shall be initiated if: 1) the offender has served out the punishment to which he was sentenced abroad, 2) a safety measure involving imprisonment has been applied with regard to the offender abroad, 3) the offender was acquitted abroad with a sentence that has become legally valid, or the sentence has reached time-barred status or was pardoned and 4) according to the foreign law a crime is prosecuted upon request from the damaged party and no such request was submitted. (3) In the cases referred to in Articles 118 and 119, prosecution shall be initiated only when the crime is punishable according to the law of the country in which the crime was committed. When in the cases referred to in Article 118 and Article 119, paragraph 1, there is no sentence for the committed crime according to the law in the country of commission, prosecution may be initiated only after approval from the Public Prosecutor of the Republic of Macedonia. (4) Only after approval from the Public Prosecutor of the Republic of Macedonia may prosecution be initiated in the Republic of Macedonia in the cases referred to in Article 119, paragraph 2, regardless of the law of the country where the crime was committed, if this concerns a crime which, at the time it was committed, was considered to be a crime according to the general legal principles, recognized by the international community. (5) In the cases referred to in Article 116, the prosecution of a foreigner may be handed over to a foreign country, under the condition of reciprocity. Reckoning custody and a sentence served abroad Article 121 56/217

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