IMPACT OF THE EU DIRECTIVES ON DEFENDANT’S RIGHTS ON THE MACEDONIAN CRIMINAL PROCEDURE

DIRECTIVE ON THE RIGHT TO INFORMATION IN CRIMINAL PROCEEDINGS AND DIRECTIVE ON THE RIGHT TO INTERPRETATION AND TRANSLATION IN CRIMINAL PROCEEDING

Abstract

The authors of this paper discuss the impact of the EU Directive 2012/13/EU on the right to
information in criminal proceedings and Directive 2010/64/EU on the right to interpretation and
translation in criminal proceedings to the Macedonian criminal procedure system. They refer to
the common minimum standards set in the field of information about rights and about the
accusation which must be given to persons suspected or accused of having committed a criminal
offence, as well as the right to interpretation and translation, to enhance mutual trust among the
Member States. The benchmark these Directives establish is projected trough the complex of
several rights. Firstly, there is the right to information about rights for suspects or accused
persons. Additional rights are recognized when suspects are arrested and detained in which case
information about applicable procedural rights should be given by means of a written Letter of
Rights drafted in an easily comprehensible manner to assist those persons in understanding their
rights. Subsequent is the right to access to the materials of the case, conditions and limitations to
its exercise and as well as the right to provide information to suspects or accused persons where
necessary, with translations or interpretation into a language that they understand. Moreover, the
authors are evaluating whether these standards are properly incorporated into the Law on
Criminal Procedure and they provide substantial recommendations for additional changes and
amendments to the law in order to achieve the abovementioned criteria into Macedonian national
law.