Legal Remedies in Criminal Procedural Law in the Republic of Macedonia

Gordan KALAJDZIEV; Gordana LAŽETIĆ

Makale detayları

Legal Remedies in Criminal Procedural Law in the Republic of Macedonia

Yazarlar:

Gordan KALAJDZIEV | Gordana LAŽETIĆ

Yayıncı:

Istanbul University

Ana Başlıklar:

Hukuk

Dergi:

Journal of Penal Law and Criminology 2018 Vol.6 Issue 1, pp.27-53

Belge Tipi:

Makale

Yayın Tarihi:

6/2018

Belge Dili:

İngilizce

Document ID (Org No.):

2000905764

Sıklık:

İki Yıllık

eISSN:

2602-3911

pISSN:

2148-6646

Özet:

 

Macedonian criminal law legislation was subjected to some serious reform resulting in a nearly novel Law on Criminal Procedure (Official Gazette 150/10) adopted on 18.11.2010 with a suspended enforcement as of December 2013. This new law transformed domestic criminal procedure from a so-called mixed neo-inquisitorial procedure into a fully adversarial, thus almost fully abandoning the investigation principle and the court paternalism accompanying it. Court investigation was cancelled with   trials now being held in an adversarial proceeding through cross examination of the defendant, witnesses and expert witnesses by the parties.
Constrained by time, the legal reform failed to introduce practically any important novelties in the area of remedies, so this field went without any significant change compared to the former LCP of 1997. Hence, it must be acknowledged that not only in Macedonia, but throughout the entire Western Balkan region, the reform of criminal procedure legislation pays very little attention to remedies, their redefinition within the context of the parties, the emphasized adversarial concept, including the equality of arms of the parties, the scope of the remedies, the grounds underlying the remedy, the hearings before the second-instance court, etc. Practically speaking, this led to the preservation of the remedy system from the LCP of former Yugoslavia.
The Macedonian system of criminal proceeding contains the following remedies:
-Ordinary: appeal to a first-instance judgment, appeal to a second-instance judgment, complaint to a decision.
-Extraordinary: Motion for the protection of legality; motion for extraordinary review of an effective judgment, and motion for a re-trial. The reform has made a small rationalization of the remedy system in the sense that the extraordinary remedy entitled ‘Extraordinary mitigation of the sentence’ has been taken out.

Makale detayları

Legal Remedies in Criminal Procedural Law in the Republic of Macedonia

Yazarlar: Gordan KALAJDZIEV | Gordana LAŽETIĆ

Yayıncı: Istanbul University

Ana Başlıklar: Hukuk

Dergi: Journal of Penal Law and Criminology 2018 Vol.6 Issue 1, pp.27-53

Belge Tipi: Makale

Yayın Tarihi: 6/2018

Belge Dili: İngilizce

Document ID (Org No.): 2000905764

Sıklık: İki Yıllık

eISSN: 2602-3911

pISSN: 2148-6646

Sayı

Yazarlar:

Gordan KALAJDZIEV | Gordana LAŽETIĆ

Yayıncı:

Istanbul University

Ana Başlıklar:

Hukuk

Dergi:

Journal of Penal Law and Criminology 2018 Vol.6 Issue 1, pp.27-53

Belge Tipi:

Makale

Yayın Tarihi:

6/2018

Belge Dili:

İngilizce

Document ID (Org No.):

2000905764

Sıklık:

İki Yıllık

eISSN:

2602-3911

pISSN:

2148-6646