Kosevaliska, Olga (2020) Advocate as a guardian of rule of law in criminal proceedings in the Republic of North Macedonia. Collection of Papers from the International Academic Conference Bratislava Legal Forum 2020, 1 (1). pp. 52-67.
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Abstract
The purpose of this article is to elaborate the challenges of the advocates’ profession in the Republic of North Macedonia. Firstly, we’ll address the ethical boundaries and core principles of the advocates profession trough the relevant national legislative in order to stress its complexity. There are several core principles for advocates profession worldwide, helping them to stand above the legal ethics and to keep their dignity and the dignity of the advocates profession. These principles are independence, honesty, integrity, loyalty to the client’s interests, confidentiality, fairness, diligence, and competence. A lot of changes have been made in the past few years in order to strengthen the position of the advocate in the criminal proceedings. The advocate has the role to help the defendant in the exercise of his/her right of defense, essentially constitutes an important step towards the realization of the essence of the right to a "fair trial" through the exercise of the principle of "equality of arms". Not only that the advocates serve to protect citizens from possible abuses of the judiciary and other authorities involved in criminal proceedings but they also serve as a shield that protects the judiciary from being deformation. Advocates are as important as judges and prosecutors in ensuring a fair trial and are often the first to learn about allegations of torture and mistreatment. The focus of this article will be on those challenges that are most common in practice as well as on those that are a subject to many theoretical disputes, especially regarding the efficiency of the defense in criminal proceedings.
Key words: advocate, principles, ethics, fair trials, criminal proceedings, juvenile proceedings.
| Item Type: | Article |
|---|---|
| Subjects: | Social Sciences > Law |
| Divisions: | Faculty of Law |
| Depositing User: | Olga Kosevaliska |
| Date Deposited: | 01 Dec 2020 08:39 |
| Last Modified: | 01 Dec 2020 08:39 |
| URI: | https://eprints.ugd.edu.mk/id/eprint/24340 |
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