Procedural Equality of the Sides

Abstract

The fundamental principle of criminal proceedings is adversarial, one of the aspects of which is the right to obtain evidence, which is connected with the procedural equality of sides. But how real is the procedural equality of arms? Or is it only a declared right? Our goal is to examine restrictions on the defense and differences between sides. The article concludes, the exclusive rights of the defense in criminal proceedings counterbalances the inequality of arms so that the damage caused to the defense does not create a disadvantageous situation.