Both parties to the trial, i.e. you and the prosecutor, must be treated equally before the court.
Equality before the court means that both parties to the trial must be given an equal opportunity to present their evidence and arguments to the court. It also means that both you and the prosecutor must be informed about the evidence and submissions of the other party and have the opportunity to comment on them.
This means that you or your lawyer must be given an opportunity to:
- Access the case file
- Submit your evidence to the court
- Challenge the evidence of the prosecution
- Express your arguments and observations
The court will only accept evidence and arguments that are relevant to the case. The court has the right to assess your evidence and observations and reject what it considers irrelevant to the case.
Disclosure of evidence
Bearing in mind that the prosecution is always in a better position to collect evidence, the prosecution must disclose the evidence and material it has collected against you. This also includes the evidence and materials which work in your favour.
You may be denied access to evidence which contains information about national security or witnesses whose identity is protected. However, your rights to a fair trial may be violated if the judgement is based only on or in a decisive way on evidence, which you have not been able to review or challenge.
Read more about evidence.