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CRIMINAL PROCEDURAL LEGISLATION AND RESPECTING OF FREEDOM AND HUMAN RIGHTS
Abstract
Each system has its flaws and weaknesses. Problems in domestic practice usually outperform by analyzing the experiences of foreign jurisdictions and by incorporating foreign solutions to domestic legislation. In a global world, the legal systems are increasingly encountered the same problems and innovate similar solutions. As a result, the systems are approaching each other. This phenomenon has not bypassed our criminal procedural law of the Republic of Macedonia. Namely, the present analysis of the development of legal systems shows the fact that percentage, Inquisitor systems more borrowed principles of accusatory system and the less it was vice versa. The reason of course comes from the practical success of the accusatory model. The issue of recognition and protection of human rights and fundamental rights has attracted the attention of philosophers, theologians, politicians, lawyers etc. As a legal category of human rights they have appeared with the creation of the first countries, however, they have received the biggest impulsion from bourgeois revolutions which have proclaimed as common ideals the liberty, the fraternity and the equality. Fundamental rights and freedom of man and citizen are guaranteed by internal acts of states and international conventions. In case of legal regulation of criminal procedure before legislators, two very important requirements for the society and individual are raised; the demand for efficiency of criminal procedure and the requirement for protection of human rights.
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