REFORM OF THE CRIMINAL PROCEDURE IN THE REPUBLIC OF MACEDONIA

Abstract

The basic feature of the criminal procedure reform in the
Republic of Macedonia is full desertion of the judicial paternalism based
on the traditional comprehension that the court can determine the
material truth and the belief that it shall be impartial and successful
thereby, thus taking into account both the interest of the state in the
efficiency, and the rights of the defendant. The procedure becomes
adversarial and the role of procedural fairness and the principle of
contradiction at the main hearing are emphasized. In that manner, the
new Code on Criminal Procedure fully alters the concept of one
essentially inquisitorial procedure designed as an official investigation of
the judge. Such criminal procedure was lengthy and expensive, and the
court, burdened with the obligation of resolving the case objectively, was
not in the position of impartial decision-maker. The reform focuses on
core modification of the basic postulates forming the foundation of the
existing “mixed type” procedure, which brings about entirely new
objectives of the stages of the procedure and the role of the major players
therein. It is therefore important to understand that the new system is
much more than a simple replacement of the court investigation with a
prosecutorial one.