JURY TRIAL IN CRIMINAL PROCEDURE

Abstract

With the implementation of the provisions of the Law on Criminal Procedure of the
Republic of North Macedonia, which, entering the basic form of the criminal procedure, has
introduced a newly established system of criminal procedure law, the question remains of
the need of introducing a jury in the Macedonian judicial system. Is it possible to achieve
more efficient criminal justice and a fair and contradictory discussion in a judicial system that
reflects the experiences of the Anglo-Saxon systems and is realized only as a combination
of their positive experiences with certain disadvantages in the whole picture of the puzzle?
Can the introduction of the jury as an element, which is lacking in the process of completing
the accusatory process system, be identified as an essential step which promotes the rights
of the parties and strengthens the independence of the court? Through elaboration of these
issues, we will see the maturity of the conditions and the preparedness of the process parties
of achieving the basic goals of the reform of the penal procedure legislation, through the
need for appropriate additions and amendments in the direction of fully conceptualizing the
justice system, strengthening the justice and the trust of the citizens in the judicial system of
the state. Researching with the help of a sociological, comparative and case study method,
we will see if the introduction of a jury in the Macedonian penal system, whose decisions on
the defendant’s guilt will be meritorious in relation to the application of the law by the judge,
are too ambitious or in ratio with the application of the process institutes (cross-examination)
which were introduced by the new LCP, in order to fully construct the main hearing, i.e. the
penal procedure in general.