The new Macedonian concept of lay judges and their role in the criminal procedure

Abstract

The participation of citizens in criminal procedure as a part of
mixed trial councils is a concept existing in almost all European
countries, although there are diverging opinions on the quality and
real contribution that can be expected from lay judges. One has to
agree with the findings that the participation of lay judges reflects the
role of citizens’ involvement, as well as citizens’ access to justice as
an important and essential component of a democratic society.
The modest purpose of this paper is to present the dilemmas
related to the criteria for selection of lay judges and their role in the
criminal procedure as determined by the legislative provisions on one
side, and lay judges’ perception of their position during the
proceedings, on another side. It is also important to evaluate the
domestic legislation in the light of the recommendations deriving from
the European Charter for lay judges.
Finally, the paper aims to present research conclusions and to
give recommendations on the system of lay judges, having in mind the
newly adopted amendments on the Law on courts. Equally, it aims to
reconsider the participation of lay judges when the most complicated
crimes are tried.