Balance Between Parties The trial also serves as a remedy to the imbalance of powers between the state and the individual during the investigations. During the investigations, most of the evidence is collected in the absence of the suspect and sometimes the suspect is even unaware that he is under inquiry. While during the investigations the suspect has little or no opportunity to oppose the prosecution’s thesis, at trial the accused has a possibility to properly rebut the allegations by producing evidence and arguments in her favor. A proper defense requires that defendants have clear knowledge of the allegations brought against them and of the evidence on which they are grounded and that they be given an adequate chance to discredit the prosecution’s proposition. At trial, the accused can challenge the prosecution with equality of arms.
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