Legal-Criminal Analysis and Practical Judicial Application of the Criminal Offense “Reckless Driving of a Motor Vehicle” Sanctioned Under Article 297-a of the Criminal Code of the Republic of North Macedonia

Road traffic safety represents one of the most sensitive and at the same time most important areas of criminal legal protection in modern societies. The increase in the number of motor vehicles, the intensification of road traffic, and frequent violations of traffic rules have resulted in an increase in accidents with serious consequences for human life and health. In this context, the legislator of the Republic of North Macedonia, through the amendments of September 2023 to the Criminal Code, introduced the criminal offense “reckless driving of a motor vehicle,” sanctioned under Article 297-a of the Criminal Code as a continuation of Article 297 “Endangering Traffic Safety,” with the aim of sanctioning particularly dangerous conduct in road traffic.

This paper examines this criminal offense in an expanded and analytical manner, focusing on the object of criminal protection, the subject of the offense, the objective and subjective elements, the forms of guilt, as well as its distinction from traffic misdemeanors and other criminal offenses related to traffic safety. The paper also analyzes the relationship of Article 297-a with criminal offenses that produce concrete consequences, as well as the role of this provision within the criminal system and in the prevention of accidents and traffic-related crime. The analysis is based on legislative, doctrinal, and judicial practice sources, with the aim of contributing to a clearer interpretation and more effective application of this criminal offense.