Criminal Procedure Code at North Macedonia
North Macedonia's criminal justice system is governed by the Criminal Procedure Code, which was enacted in 2010 and later amended in 2018. This legislation outlines the procedures for criminal investigations, trials, and appeals within the country.
⚖️ Key Provisions of the Criminal Procedure Code
1. General Principles
Presumption of Innocence: An individual is presumed innocent until proven guilty in a court of law.
Right to a Fair Trial: Every accused person has the right to a fair and public hearing within a reasonable time by a competent, independent, and impartial tribunal.
Language Rights: The official language in criminal proceedings is Macedonian. However, individuals belonging to minority groups have the right to use their own language and alphabet during the proceedings, with free assistance of an interpreter provided by the court.
2. Investigation and Prosecution
Initiation of Criminal Procedure: Criminal proceedings can be initiated based on a report, complaint, or upon the discovery of a crime by authorities. The public prosecutor has the authority to initiate and conduct criminal proceedings.
Investigation: An investigation is conducted to gather evidence to determine whether there is sufficient basis to bring charges. This phase includes the collection of evidence, questioning of witnesses, and examination of the accused.
3. Trial Procedures
Right to Defense: The accused has the right to be informed of the charges against them, to have adequate time and facilities to prepare a defense, and to communicate with a counsel of their own choosing.
Public Trial: Criminal trials are generally open to the public, ensuring transparency and accountability.
Examination of Evidence: The court evaluates evidence presented by both the prosecution and the defense. The accused has the right to challenge evidence and cross-examine witnesses.
4. Appeals and Legal Remedies
Appeals: The convicted party has the right to appeal the judgment to a higher court. Appeals must be based on legal grounds such as errors in the application of the law or procedural irregularities.
Legal Remedies: Other legal remedies include requests for a retrial or the revision of a judgment under specific circumstances.
📄 Accessing the Full Text
The full text of the Criminal Procedure Code is available through the World Intellectual Property Organization (WIPO):
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