Law of Evidence at North Macedonia
In North Macedonia, the Law of Evidence is governed by the Law on Civil Procedure (LCP) and the Law on Criminal Procedure (LCP), which outline the rules and principles for presenting and evaluating evidence in civil and criminal proceedings.
Civil Proceedings
In civil cases, the principle of party presentation applies, meaning each party is responsible for presenting the facts and evidence supporting their claims. There is no obligation for full disclosure; parties are not required to reveal evidence that may benefit the opposing side. However, if a party wishes to use evidence held by the opposing party or a third party, mechanisms exist to request its presentation .
The burden of proof lies with the party asserting a fact. Evidence commonly used includes documents, witness testimonies, expert opinions, and inspections. The court evaluates the admissibility and relevance of evidence, ensuring it is obtained legally and pertains to the case.
Criminal Proceedings
In criminal cases, the process begins with a preliminary procedure aimed at gathering evidence to determine whether to initiate court proceedings. This phase includes both pre-investigative and investigative procedures, during which evidence is collected by the police and public prosecutor. Evidence obtained legally during this phase holds probative value in court .
The court evaluates the evidence based on its legality, relevance, and reliability. The principle of free evaluation of evidence applies, allowing judges to assess the evidence's weight and credibility without being bound by strict rules.
Electronic Evidence
While North Macedonian law does not explicitly stipulate rules for electronic evidence, electronic documents are generally treated with the same legal and evidentiary value as written documents. This means that electronic evidence is admissible in court, provided it meets authenticity and reliability standards .
Judicial Independence
Judges in North Macedonia are expected to decide impartially by applying the law based on free evaluation of the evidence. Any form of influence on the independence, impartiality, and autonomy of judges in exercising their judicial office is prohibited
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