<abstract xmlns="http://www.w3.org/1999/xhtml"><p>The right to a fair trial is implemented in our criminal procedure and is one of the core values of our criminal justice system. This right is absolute and can’t be limited on any legal base. Its essence is fair and public hearing by an independent and impartial court with guaranteeing of all the minimum rights of the defendant. One of those minimum rights is the right of equity of arms between the parties, the prosecutor and the defense. In our Law on Criminal Procedure, it is provided that the defense has the same rights and duties as the prosecutor except those rights that belong to the prosecutor as a state authority. Therefore, the purpose of this article is elaborating the right of ‘equity of arms’ and its misunderstanding in practice. Hence, we intend to show some case studies in which some evidence are not considered by the court just because they are not proposed by the prosecutor and they are crucial for the verdict.</p></abstract>

The right to a fair trial is implemented in our criminal procedure and is one of the core values of our criminal justice system. This right is absolute and can’t be limited on any legal base. Its essence is fair and public hearing by an independent and impartial court with guaranteeing of all the minimum rights of the defendant. One of those minimum rights is the right of equity of arms between the parties, the prosecutor and the defense. In our Law on Criminal Procedure, it is provided that the defense has the same rights and duties as the prosecutor except those rights that belong to the prosecutor as a state authority. Therefore, the purpose of this article is elaborating the right of ‘equity of arms’ and its misunderstanding in practice. Hence, we intend to show some case studies in which some evidence are not considered by the court just because they are not proposed by the prosecutor and they are crucial for the verdict.

The ‘Equality Of Arms’ In Macedonian Criminal Procedure

SEEU Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"The \u2018Equality Of Arms\u2019 In Macedonian Criminal Procedure"}

The right to a fair trial is implemented in our criminal procedure and is one of the core values of our criminal justice system. This right is absolute and...

The ‘Equality Of Arms’ In Macedonian Criminal Procedure

Publié en ligne: 13 janv. 2016

Pages: 123 - 130

DOI: https://doi.org/10.1515/seeur-2015-0015

© 2015 South East European University

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.