This article is dedicated to the approach under various aspects of the concept and essence of the equality prosecution and the defense in the criminal process as a balance of procedural means and demands that ensure them the opportunity to present and defend their position before the court, at the same time, drawing the correlation between equality weapons and the waiver evidence in the criminal trial. The results of the research show that both theoretically and practically it is not always possible to ensure a fair balance between the procedural possibilities of the parties involved in the process, respectively, there is an imbalance between the procedural means available, the defense side being in a disadvantaged position in relation to the prosecution, this fact being especially due to his function within the criminal process.
