We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
ÐЕКОИ Ð’ÐÐТРЕШÐИ КОÐФЛИКТИ ВО ÐОВИОТ ЗКП ОКОЛУ ДОКÐЗИТЕ
- Authors
ТрпеноÑки, Леонид
- Abstract
The Author in this article indicates the ongoing conflict between presumption of innocence and the possibility that has the President of the judiciary council according his authorization to reject the proposed evidence from certain reasons in the preparation phase of the main hearing. Furthermore he prefigures the benefits from the newly achieved right for the defence to give opening statement which practically exceeds the inequity stipulated with all previous criminal procedure codes, but also points out the omission that this right is given only in regular but not in the shortened procedure. The Author critically observes the undertaking of some accusatorial solutions such are the direct questioning and cross-examination without changes in the institutional frame where this procedural forms should be applied (without presence of Anglo-American type of jury) and finally indicates the collision that occurs in the President of the judiciary council's authorization to reopen the main hearing against the principal in dubio pro reo and presumption of innocence as commonly accepted standards in the criminal procedure.
- Publication
Macedonian Journal for Criminal Law & Criminology, 2018, Vol 25, Issue 1, p1
- ISSN
1409-5327
- Publication type
Article