Dogmatic Questions about the Principle of Equality of Arms

Abstract

One of the commonly known and recognized essential elements of the right to fair trial is the principle of equality of arms. This principle, fabricated through legal theory and legal practice over time, has the purpose of ensuring that, in criminal proceedings, the prosecution and the defence have equal chances and opportunities to express their opinions and take their positions with regards to factual and legal matters. Even though the application of the principle of equality of arms does not always mean that the prosecution and the defence have completely identical rights, this principle does require that the defence be provided with such rights that is comparable with that of the prosecution.