Kosevaliska, Olga (2015) The ‘Equality of arms’ in Macedonian criminal procedure. SEEU Review, 11 (1). pp. 123-131. ISSN 1857-8462
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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.
| Item Type: | Article |
|---|---|
| Subjects: | Social Sciences > Law |
| Divisions: | Faculty of Law |
| Depositing User: | Olga Kosevaliska |
| Date Deposited: | 25 Jan 2016 14:37 |
| Last Modified: | 25 Jan 2016 14:37 |
| URI: | https://eprints.ugd.edu.mk/id/eprint/14997 |
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