Authorisations of the Public Prosecutor under the New Law on Criminal Procedure in North Macedonia

Abstract

Taking into account the fact that North Macedonia is a country aspiring to membership in the European family, it continuously seeks to harmonise its domestic legislation and practices with European legislation. In this regard, during the amendments to the Criminal Procedure Code, provisions were introduced that are in line with the spirit of European legislation. The purpose of this paper is to highlight the changes undergone by the Public Prosecution and the transformation of its role in criminal proceedings. This paper primarily relies on available theoretical sources that regulate this field, with particular emphasis on criminal procedure legislation. Through the analysis of the amendments to the Criminal Procedure Code, it has been established that the new legal framework grants the Public Prosecution a more active role in criminal proceedings.In contrast, the court's role remains primarily to direct proceedings and to serve as the main guarantor of human rights and fundamental freedoms throughout the criminal process. With the amendments introduced by the Criminal Procedure Code, the burden of proving the truth in criminal proceedings has been assigned to the Public Prosecution. In contrast, the court remains responsible for ensuring the lawful conduct of the proceedings and guaranteeing respect for human rights and fundamental freedoms in criminal proceedings. These changes constitute essential reforms that have significantly affected the roles of the two leading actors in criminal proceedings. Through such amendments to the Criminal Procedure Code, the legislator has aimed, through its application, among other objectives, to exert a preventive effect and to contribute to the successful fight against crime.