Zbornik Radova Pravnog Fakulteta u Splitu (Jan 2006)
THE NOTION OF THE PRINCIPLE OF FAIRNESS OF TRIAL BEFORE A CRIMINAL COURT
Abstract
In this paper, the notion of the principle of fairness of trial before a criminal court as the basic principle of contemporarv criminal procedural law is discussed. After establishing the position of the principle of fairness in the svstem of the principles of criminal procedural law, the content of the notion of the principle of fairness of trial in criminal matters is presented. The notion is a complex one the essence of which is created with the help of such a construct of trial that guarantees the participants in the procedures equal opportunities to influence the outcome. The universal acceptance of the principle of fairness of trial can be seen in its constitutionalisation in the main international legal acts on human rights. The notion of fairness of trial historicallv emerged as the standard of law in Anglo-American law. Another important creator of that principle is the European Court of Human Rights that is the European Commission for Human Rights, the institutions of which in their rich practice formulate certain elements of this ethical and legal principle. By presenting the criteria which serve to assess whether a trial satisfies the principle of fairness of trial, the author here discusses the general elements which are valid in every court procedure and the specific elements which fit in with the specific nature of particular criminal procedures. After the analvsis of the notion of the principle of fairness of trial, the author concludes that the ali encompassing nature of this basic principle of criminal procedural law offers new possibilities on the path to finding the balance between two opposing tendencies - the tendencv of the efficiencv of criminal procedures and the tendencv of the protection of civil rights.
