COLLECTING AND CONDUCTING THE EVIDENCE IN CRIMINAL PROCEDURE

Abstract

Within the frames of the extremely important and inevitable factors of the criminal procedure, the process of collecting and producing evidence is included. From the aspect of the influence that the evidence can have in the interpretation of the provisions and the direction of other judicial actors in the application of the legal provisions within the criminal procedure, the burden and significance of this process becomes even greater. Recognizing the importance, but also the lack of discussion and information of the wider public regarding the possibilities, the rights, the applied practices in our legislation and the judiciary, and wider in relation to the topic, the idea of this paper is to investigate, analyze and present the factual situation regarding the process of collecting and carrying out the evidence in the criminal procedure. In this direction, data, conclusions and results from previous research, analysis of legal provisions and application in practice will be illustrated. In the context of the work, it is also planned to conduct interviews with directly affected and involved parties in the process itself, which will provide a broader perspective on the conclusions regarding the previous research. In addition, the conclusions from the domestic "scene" will be supplemented with a complete comparative overview of the situation in the country with the situation in the countries of the region, and wider. The conclusions of the discussion and the comparison made will result in the offer of solutions for improving the process of collecting and carrying out the evidence in the criminal procedure in the Republic of Macedonia in accordance with the provisions of the Law on Criminal Procedure.

Keywords: Collecting and Performing Evidence; Criminal Procedure; Comparative Analysis; Interviews; Law on Criminal Procedure.