JURY TRIAL IN CRIMINAL PROCEDURE

Riste Lazarov University Goce Delcev /UGD, Faculty of Law
Tamara Ilieva Master degree student /Ss. Cyril and Methodius University - Skopje

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.
Key words: jury, main hearing, criminal procedure, role.