RIGHT TO A FAIR TRIAL

Abstract

A particularly sensitive topic is to respect for the right to a fair trial and the equality of fire arms in cases when it comes to a trial in which a defendant is put to a criminal offense against life and body. This is questionable possibility of an expert opinion that could require the defense to be a counterbalance to the expertise of the prosecution. How is this possible to be done by the defense party, bearing in mind that the only way to prepare an expert witness is to have an order issued by a competent authority or the Public Prosecutor if the case is under investigation or prosecution and by the judge if the case is already has reached the main hearing. Are there realistic chances for the defendant to use the expertise as a proof item? Neither in practice nor in theory for this there are no balanced attitudes. Practice makes appropriate correction of legal norms and enables their proper interpretation and understanding. The court must take care of the established convention law which specifically insists on the guarantees that the defense has in relation to a fair trial. Especially if the effect of the interpretation of the provisions leads to a correct determination of the (non) existence or (un) truthfulness of the legally relevant facts as a basis for passing a lawful and proper judgment.

Keywords: Equitable procedure, equality of arms, evidence procedure and fair verdict