Publications

The advancement of technology requires law enforcement agencies and public prosecutors offices in particular to be well-prepared to meet the challenges it presents. The process of obtaining cyber data to be used as evidence in a criminal procedure is not as straightforward as one might think. However, there are worldwide initiatives to establish common standards and facilitate the exchange of information through improved protocols among the law enforcement sector worldwide. This short guide, which is the result of a joint initiative between the Mission and the Public Prosecutors’ Association, aims to contribute to that direction. The publication is not available in English.

The publication “Evidence & Objections” provides domestic and international best practices to familiarize experienced lawyers trained in the civil law system with the fundamental principles of the law on evidence and evidentiary objections. Available in English and Macedonian, it is supported by an on-line video course which can be accessed on an e-learning platform of the regional bar associations at www.brrln.org. This publication is printed and distributed by the OSCE Mission to Skopje in its continuous efforts to promote the rule of law in the country and to facilitate the concept of continuous learning for the parties involved in the criminal procedure.

The publication is comprised of domestic, comparative and international standards. It is further substantiated by an on-line course based on real life scenarios targeting specific ethical dilemmas from attorney’s perspective, which can be accessed on the e-learning platform of the regional bar associations: www.brrln.org. It is available in English and Macedonian.

The publication “Anti-discrimination Law” represents a tool aimed at law students and members of the professional community whose goal is to serve as a guide in identifying the key elements and characteristics of the anti-discrimination law within the frameworks of the international and national legal system, as well as to provide an overview of the institutional infrastructure for its protection. Helping future legal practitioners to acquire knowledge and skills in the area of equality law and the principle on non-discrimination are also within the focus of this book. This publication is not available in English.

The analysis represents a joint contribution of the Association of Public Prosecutors and the Rule of Law Unit of OSCE Mission to Skopje towards the process of establishing a standardized criminal policy and practice in the criminal justice system. The very analysis processes data which refer to plea agreements made in the four appeal districts: Bitola, Gostivar, Skopje and Shtip, in the period from 1stof December until 31st of March 2015.

The Guidebook is focused on several aspects, in particular the phenomenon of electronic communication and replacement of the conventional system of stream data with a new one, which enables the transfer of large scale data in a faster and more efficient way. The Guidebook is not intended to give step by step instructions, but the idea is to offer a useful tool- a guide that contains terms facilitating the identification of tools committing this type of crime, and the type of provided evidence in a correct way, which would facilitate the process of proof. The Guidebook is primarily targeting prosecutors, but it has been made available also to the criminal law judges and defence attorneys as well.

This publication is the second in a series of publications containing selected cases from the practice of both courts, and is a natural evolution in the process of strengthening the capacities of Macedonian judges. Considering the 13 cases that were worked out in detail in the first publication in 2013, the effect it had among judges, lawyers, students and other legal practitioners as well as its vast applicability in practice, the publication aims to upgrade already acquired knowledge and further enhance the prohibition and prevention of discrimination in practice. It is not available in English.

This assessment provides an overview of the work of the Specialized Department of the Basic Court Skopje I Skopje dealing with organized crime and corruption throughout the former Yugoslav Republic of Macedonia. The analysis focuses on the work of the Specialized Department from 2007 until early 2014 and seeks to evaluate the work of this Department regarding the types of cases adjudicated and the type and distribution of sentences related to these cases.

This analysis of the practical application of pretrial detention, as well as of the theoretical legal framework laid down in the Criminal Procedure Code1 of 2010 (hereinafter referred to as CPC 2010), which introduced conceptual reforms of national criminal procedure legislation, introducing elements typical of accusatorial systems, is the result of the cooperation between the Macedonian Association of Criminal Law and Criminology and the OSCE Mission to Skopje Rule of Law Department. The information in the analysis refer to the first nine months of enforcement of the CPC 2010, namely to the period between 1 December 2013 and 31 August 2014, and to four basic courts (Bitola, Gostivar, Skopje and Shtip). The publication is in English, Macedonian and Albanian languages.

The publication consists of selected worldwide legal opinions, commentaries, and reports, including opinions of the Council of Europe’s Consultative Council of European Judges, and European Court of Human Rights jurisprudence. Not available in English.