The Place of Prosecutorial Duty to Disclose Exculpatory Evidence during Pretrial in Ethiopian Criminal Justice System

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 28^th 2025