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14 J.L. Pol'y & Globalization 1 (2025)

handle is hein.journals/jawpglob147 and id is 1 raw text is: Journal of Law, Policy and Globalization www.iie ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) IT Vol.147, 2025 iSHE The Place of Prosecutorial Duty to Disclose Exculpatory Evidence during Pretrial in Ethiopian Criminal Justice System Teketel Labena Tera (LL.B, LL, M) Lecturer of Criminal Justice & Human Rights Law School of Law, Wolaita Sodo University, Wolaita Sodo, Ethiopia, P.O. Box 138 Abstract This article explores the place of Prosecutorial Duty to Disclose Exculpatory Evidence in Criminal Proceeding in Ethiopian Criminal Justice System. It is intended to show whether or not the public prosecutor has a substantive obligation to disclose exculpatory evidence to the defendant in the current criminal justice system of Ethiopia. After a thorough analysis of the existing relevant provisions of the FDRE constitution, Anti- Corruption Proclamation, the 1961 Criminal Procedure Code, FDRE Criminal Justice Policy and the Draft Criminal Procedure Code, the article finally concludes that (1) the scope of the obligation resting on the prosecutor to disclose exculpatory material is not sufficiently defined, articulated , and regulated under existing legal regime, (2) the prosecutorial duty to disclose exculpatory evidences in the pretrial stage is totally not yet regulated under the existing legal regime , & (3) the draft criminal procedure code is not sufficient to give a full pledged protection to the defendants right to access any prosecution evidences /incriminating or exonerating / in the pretrial stage of the proceeding. Based on the above findings, the writer recommends that draft criminal procedure and evidence law should clearly include provisions that sufficiently define prosecutorial duty to disclose any evidence (incriminating and exonerating), form of disclosure and enforcement mechanisms whenever the Prosecutor violates its obligation in the pretrial stage. Besides, Article 20/4/ of the FDRE constitution should also be interpreted in light of the international human right standard so that the defendant will access any evidence in the possession of the prosecution in pretrial stage. Keywords: Prosecutorial Duty to Disclose, Exculpatory Evidence, Criminal Proceeding, Ethiopia DOI: 10.7176/JLPG/147-01 Publication date: March 28th 2025 1. Introduction The administration of the criminal justice system tries to strike a balance between the search for truth and the fairness of the process. The state has the primary responsibility of detection, apprehension, prosecution and conviction of offenders. In this process, the accused always faces the mighty state and this challenges the fairness of the criminal justice system. Using various tools, the law tries to maintain the balance between the searches for truth and ensure the fairness of the process. Therefore, criminal proceedings must provide several core rights to the accused and defend them against possible abuses. Among these rights, the right to disclosure holds a prominent position. It has also been recognized that it is the duty of a public prosecutor to act fairly towards an accused. More recently, however, there has been an increased emphasis on the duty of the prosecutor to make known to the accused evidence or other information which has come to the prosecutor's attention and which might assist the accused's defence,1In this respect, it has become 'a universal requirement in international criminal procedure 1 Rt Hon Lord Coulsfield, Review Of The Law And Practice Of Disclosure In Criminal Proceedings In Scotland August 2007,P 1

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