CRITICAL REVIEW WITH NEW CONCEPTUAL APPROACH TO CERTAIN DECISIONS OF THE LAW ON CRIMINAL PROCEDURE

Labovic, Miodrag and Nikolovski, Marjan (2012) CRITICAL REVIEW WITH NEW CONCEPTUAL APPROACH TO CERTAIN DECISIONS OF THE LAW ON CRIMINAL PROCEDURE. In: INTERNATIONAL SCIENTIFIC CONFERENCE SECURITY AND EUROATLANTIC PERSPECTIVES OF THE BALKANS POLICE SCIENCE AND POLICE PROFESSION (STATES AND PERSPECTIVES).

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Abstract

The new Law on Criminal Procedure1
contains new solutions that are fully
transforming the previous concept of criminal procedure in Macedonia. The
transitional and final provisions of this law states that its application will take effect
two years from its adoption. These days the adoption of the new law for changes and
amendments is expected to take place, by which the application of the LCP will be
postponed for another two years. All this caused tremendous and different reactions in
the professional and scientific public. Behind all these different opinions, there are
different conceptual approaches. Sometimes, advocating different foreign solutions is
possible even without conception. For some of the solutions in the new LCP there will
be general conceptual remarks and draft solutions set out in the paper, in order to
overcome the stressed conceptual weaknesses. Namely, the general conceptual
novelty according the new Law on Criminal Procedure is that the investigation goes
into the hands of the Public Prosecutor. On one hand, this tendency is present in
practice in certain legal systems. However, on the other hand, one has to seriously
question the optimality of this concept in a society with a strongly emphasized
politicization in the judiciary, with a State Public Prosecutor coming from the
executive power, and a general socio-cultural environment typical of a fragile and
transitional society such as the Republic of Macedonia. The paper will also open many
questions about the position of Judiciary Police and the relations with the Public
Prosecution, the classical police and other responsible institutions, as well as the
opportunities for optimal functioning of the investigation centers etc.
Considering these performances, in the paper, not only the theoretically critical
and realistically descriptive function of the science, but also its normatively
prescriptive and practically applicative function will be emphasized. Therefore, this
paper has the significance of a firsthand scientific paper, even though it analyzes and
elaborates legal regulations and contains no empirical research (surveys and
interviews, which are not needed in this and similar cases, since one cannot require

1 Law on Criminal Procedure, Official Gazette of Republic of Macedonia, No.150/2010, from
18.10.2010
398
empirical confirmation of the new scientific theories, ideas and concepts in public
opinion; instead, the scientific theories are confirmed or rejected by indirect empirical
facts and evidence.) Unlike scientific papers in which legal provisions are explained
and commented for the sake of better implementation of a particular act, in this paper,
the emphasis will be put on opening new dimensions for substantive issues, as well as
new conflicting conceptual approaches, by proposing “de lege ferenda” solutions,
designed not only for a more efficient, but what is more important, a more effective
criminal procedure.

Item Type:	Conference or Workshop Item (Paper)
Subjects:	Scientific Fields (Frascati) > Social Sciences > Law Scientific Fields (Frascati) > Social Sciences > Political science Scientific Fields (Frascati) > Social Sciences > Other social sciences
Divisions:	Faculty of Security
Depositing User:	Prof. d-r Miodrag Labovic
Date Deposited:	14 Sep 2023 13:25
Last Modified:	14 Sep 2023 13:25
URI:	https://eprints.uklo.edu.mk/id/eprint/8815

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