* Editor’s note The principle of in dubio pro reo was introduced in the national criminal procedure legislation in 1997. The new, party driven, Law on criminal procedure from 2010, (hereinafter: domestic LCP)1, continues to regulate this principle in Article 4, which reads that “The Court shall decide in favour of the defendant whenever there is doubt regarding the existence or non-existence of facts comprising the elements of crime, or facts which lead to the application of a certain provision of the Criminal Code”. The domestic LCP goes a step further by introducing the standard, in Article 403, that the prosecution shall prove the guilt beyond reasonable doubt, without giving any further definition. In order to make a distinction between the suspicion whether a person has committed a crime (suspicion that is detrimental to the defendant and is always in favour of the indictment) and the suspicion whether that person is really the perpetrator of the crime, i.e. suspicion which is in favour of the defendant’s innocence (positive suspicion which is always in favour of the defendant and is reflected in the principle of in dubio pro reo as well as in the standard that the prosecution has the burden of proof beyond reasonable doubt), the countries in the Anglo-Saxon world, as well as Italy, have been using two different terminologies. Namely, the term suspicion (in Macedonian language: сомневање) is used in a detrimental sense for the defendant and is in favour of the indictment, while the term doubt (in Macedonian language: двојба, двоумење, несигурност) is used to favour the defendant and the definition of the principle of in dubio pro reo, as well as for the standard of the prosecution bearing the burden of proving the guilt beyond reasonable doubt. Unfortunately, the domestic LCP does not offer different terminologies for these two types of suspicion. The Law uses the term “suspicion” (сомневање) when it refers to the required level of suspicion that a person has committed the crime so that certain investigative measures, restrictions or charges can be undertaken or pressed against him/her., it also refers to the application of the principle of in dubio pro reo and the standard that the guilt shall be proven beyond reasonable doubt. For the purposes of this research, however, efforts have been made to make terminological distinction between these two types of suspicion/doubt, despite the fact that such terminological distinction does not correspond with the current legal terminology. 1 Law on criminal procedure, Official gazette 150/10, 200/12, 142/16 and Constitutional Court Decision no. 2/2016 Official gazette no.193/16.

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