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DOI: 10.5593/SGEMSOCIAL2016/B22/S05.110

THE MAGNA CARTA LIBERTATUM AND THE PRINCIPLE OF DUE PROCESS OF LAW

I. Zejneli, B. Arifi
Thursday 29 September 2016 by Libadmin2016

References: 3rd International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2016, www.sgemsocial.org, SGEM2016 Conference Proceedings, ISBN 978-619-7105-73-5 / ISSN 2367-5659, 24-31 August, 2016, Book 2 Vol. 2, 849-854 pp, DOI: 10.5593/SGEMSOCIAL2016/B22/S05.110

ABSTRACT
In this paper the authors analyzes the criminal legal aspects of Magna Carta Libertatum, in particular Articles 38-40, which inaugurates the principle of Due Process of Law, respectively the prohibition of unlawful arrest and the right to lawful conduct in determining guilt. Also, on this work, we will make analyses of the criminal law and the criminal procedure law of the legal system in Republic of Macedonia, and the influence of the Magna Carta on these fields of law. We will try to describe the content of the basic principles of criminal law and criminal procedure law in Republic of Macedonia and the link between their contents with the Magna Carta articles, especially articles 38, 39 and 40. The fundamental principles stipulated in the articles 38-40 of Magna Carta, concretely about Process of Law, Unlawful arrest, Lawful conduct in determining guilt, principle of equity, legality, justice, the right for fair trial and on reasonable time etc., are common issues with the legal system of Republic of Macedonia. These rules are not only determined with the national laws but also with a lot of international documents, which no doubt were influenced from Magna Carta Libertatum. Our concrete analyse is specified on this three articles of Magna Carta: Article 38 of Magna Carta stipulates: “No bailiff for the future shall, upon his own unsupported complaint, put any one to his "law," without credible witnesses brought for this purpose”. (“Nullus ballivus ponat decetero aliquem ad legem simplici loquela sua, sine testibus fidelibus ad hoc inductis”). Article 39 of Magna Carta stipulates: “No freeman shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land”. (“Nullus liber homo capiatur, vel imprisonetur, aut disseisiatur, aut utlagetur, aut exuletur, aut aliquo modo destruatur, nec super eum ibimus, nec super eum mittemus, nisi per legale judicium parium suorum vel per legem terre”). Article 40 stipulates: “To no one will we sell, to no one will we refuse or delay, right or justice”. (“Nulli vendemus, nulli negabimus, aut differemus rectum aut justiciam”). In this regard, through the legal analysis of these three articles we will give the statement of the role and importance of this document in promoting fundamental principles of criminal law and criminal procedure law, not only in England, but also in the wider world, with particular focus in the legal system of Republic of Macedonia

Keywords: Magna Carta Libertatum, the principle of due process of law, fair trial, legality and justice.