International legal assistance in criminal matters

AuthorNada Simjanoska
European Journal of Economics, Law and Social Sciences
IIPCCL Publishing, Graz-Austria
Vol. 1 No. 1
January 2017
ISSN 2519-1284
Acces online at
International legal assistance in criminal ma ers
Nada Simjanoska
International legal cooperation between states, international organizations and institutions
of international character today is a very complicated and diverse process, because it arises
from very complex, delicate and varied relationships. In their relationships o en comes to the
commencement of judicial and other proceedings, whose solving, requires a mutual judicial
cooperation between domestic and foreign courts and other judicial authorities, which
impose the need of the establishment of a legal mechanism that allows a legal protection for
all participants in the proceedings.
International legal assistance in criminal ma ers has a new dimension with signi cantly
increased requirements for mutual cooperation between states in the last decade. The reason
for this is the expansion of the criminal acts with a foreign element, which imposes the need
of reformation of the Criminal law in the Republic of Macedonia. These reforms con rm the
intention to adopt the process of uni cation with the acquis communuataire.
Starting from these conditions, and to further the interest of citizens and other legal entities,
this paper aims to review the most current issues in international legal assistance in terms of
national, bilateral and multilateral legislation, detecting the weaknesses in its functioning and
nding compatible solutions that shall be most e cient for achieving an international legal
uni cation.
Keywords: le ers oratory, international legal assistance, international legal cooperation,
criminal legal assistance.
Most authors dealing with international legal assistance in criminal ma ers, de ne
the term legal assistance, such as:
Cooperation between countries in the area of criminal law traditionally occurs within the
legal assistance. Cases in the eld of criminal law are processes which are being led by the
state due to actual or alleged commi ed criminal a cts or violation of law, which are punishable
by monetary sanction or aim to punish or prescribing criminal legal sanction against a
perpetrator of crime (Hanker, Schomburg, 2009, 1).
Legal aid in criminal cases means any kind of support that foreign country could
provide a er receiving the le er of rogatory. This applies regardless of whether the
foreign proceedings are conducted by a court or a body, or whether legal aid is o ered
by a court or a body.
In its essence, International legal assistance is a process of acting of authority of a
state on the request for legal aid to the authority of another country in the manner
determined by international agreement concluded between these countries. This
assistance may be given on the basis of factual reciprocity if in the national law is not
expressly prohibited this kind of legal aid (Sladoje , 2012, 15).
International criminal legal aid is a set of actions and measures taken by the

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