Cryptocurrencies added to 'property' in Criminal Code; tighter confiscation rules

A group of lawmakers from the ruling majority submitted changes to the Criminal Code to the Assembly on 4 November 2026 that would explicitly bring cryptocurrencies and other virtual assets into the legal definition of "property" and tighten rules for confiscating assets transferred to relatives or third parties.

Main changes: virtual assets and extended confiscation powers

The proposed amendment adds virtual assets such as cryptocurrencies to the statutory definition of property. Lawmakers say the change clarifies that money, securities, deposits, real estate and other tangible and intangible assets now expressly include virtual assets under the law.

The bill's explanatory text states: "Property means money or other means of payment, securities, deposits, economic resources (including oil or other natural resources), other property in any form, movable or immovable, tangible or intangible, including virtual assets pursuant to law, other rights in rem, receivables, as well as public deeds and legal documents of ownership and assets in written or electronic form or instruments that are evidence of property rights or legal interests."

That clarification is particularly relevant in financial-crime cases: for example, prosecutors could treat bitcoins bought with proceeds of fraud the same as cash when seeking confiscation, which strengthens the state's ability to follow and seize criminally obtained value. The amendment does not introduce a new tax on cryptocurrencies, nor does it add compliance obligations for citizens who legally hold or trade them.

The draft also tightens confiscation rules when property has been transferred to family members or others to frustrate seizure. Courts would be able to confiscate assets transferred under such circumstances if legal conditions are met; and when the specific property cannot be seized, the legislation provides for confiscation of other assets of equivalent value.

The bill explains the approach in more detail: "Namely, the direct and indirect property benefit obtained by a criminal offence shall be confiscated also from third persons, in proceedings conducted against the perpetrator of the criminal offence, or in a separate confiscation procedure provided by law. If such confiscation is not possible, other property corresponding to the value of the obtained benefit shall be confiscated. Under the same conditions, it is prescribed that the property benefit shall be confiscated also from members of the perpetrator's family."

The proposal includes safeguards for bona fide acquirers. If a citizen bought an apartment at a real market price without knowledge or reasonable grounds to suspect that the seller was trying to avoid confiscation, they may prove they were a good-faith purchaser. Conversely, transfers made for nominal sums or to persons aware of the evasion may be subject to seizure; these issues will be decided in appropriate legal proceedings.

Additional amendments address terrorism financing and traffic offences. The minimum prison term for members of a group financing terrorism would rise from five to eight years, and provisions on reckless driving are clarified—targeting driving without a licence or while under an active driving ban. Lawmakers say the package aims to implement Moneyval recommendations and align national rules with international anti-money-laundering and counter-terrorist-financing standards.

Because the draft was submitted under a shortened procedure, it could reach a parliamentary vote quickly if it secures the necessary majority. According to the proposal, any approved changes would take effect on the eighth day after publication in the Official Gazette of the Republic of North Macedonia, at which point the new provisions would become applicable.

Photo: press material from the event