Judiciary of Caphiria: Difference between revisions

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=== Local ===

==== Provincial courts ====

Provincial courts, officially the Unified Provincial Court System, have original jurisdiction of a single province and are responsible for two jurisdictional orders, civil and criminal. Criminal cases tend to be second-class felonies in nature, or multiple delicts such as assault, baiting, or intentional infliction of emotional distress. The Provincial courts also handle some civil law disputes, for example, disputes over the contents of a business agreement or cases relating to family law, and a number of other non-contentious matters; such as adoption and appointment of legal guardians. Proceedings are generally open to the public, but access can be restricted for example in cases about sexual offences.

==== Prefectural courts ====

Prefectural courts are general administrative courts which handle numerous types of cases relating to disputes between private persons and the authorities, administrative cases, civil cases, and cases of administrative offenses with the exception of cases under the jurisdiction of district courts. Prefectural courts can also handle criminal cases where imprisonment is for less than three years such as petty hooliganism, public drunkenness, and serious traffic violations of a non-criminal nature, minor civil cases such as simple divorces, some property cases, disputes over land, and some labor cases. Additionally, the prefectural courts handle a wide matter of contractual issues, such as rights of ownership, contract changes, performance of obligations, loans, bank accounts, and insolvency (bankruptcy) of juridical persons and natural persons.

=== Special courts ===

There are also a number of special courts or tribunals which will hear a narrower set of cases, as set down by legislation. These special courts has a narrow jurisdiction as defined by special laws. Some of these courts are operated as divisions within local courts. The special courts usually determine cases at the lowest level of the court system or at the first appeal level of the court system. Examples of special courts include:

==== Military tribunals ====

The military tribunals generally have jurisdiction over criminal matters concerning the Imperial Armed Forces and its civilian personnel, as well as of crimes of foreign soldiers and their personnel during their duties if the treaties allow them to be tried on Caphirian soil. The creation of military tribunals and their territorial jurisdiction are regulated by the Minister of Defense, while the Minister of Justice makes internal regulations for the court. Most of the court-martials begin in garrison military courts, whose ruling may be appealed in the district military court. Exceptions to this rule include:

* offences committed by officers of the rank of major or senior;

* crimes that would have been prosecuted in the district court in civilian settings;

* offences committed by foreign soldiers and foreign civilian personnel of the armed forces,

which are tried in the district military courts and may be appealed to the Supreme Court.

Extraordinary military courts may be established ad hoc, which are non-permanent courts created near military forces or installations outside the national territory or national waters, only to judge specific processes, being dissolved as soon as these are decided. Each of these courts would be composed by members of the military with a higher rank than the defendants and by a person with a degree in Law (preferable a judge, if available).

==== Financial courts ====

Financial courts have jurisdiction to try cases involving possible misuse of public funds, and, in some rare instances, of private funds. In the case of public fund misuse, the Censorial Assembly has the authority to intervene and takeover the case, although in practice they delineate their powers to the courts to have the right to hold public officers, agents, and officials accountable for the finances they oversee and operate.

==== Migration Court ====

The Migration Courts are the courts of appeal for decisions made by the [[External Office]] regarding asylum or residency in Caphiria. Decisions by the Migration Courts can be appealed to the District Courts.

== Magistrates ==

=== Judges ===

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According to the Codex of Latin Criminal Procedure, defendants are protected by a set of procedural guarantees typical for modern liberal democracies. Among other things, defendants:

* are presumed innocent until proven guilty;

* have the right to a speedy trial;

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* cannot be prosecuted twice for the same crime, alleged or actual ("non bis in idem");

* have a right to an appeal.

The right to an appeal is taken seriously. Any party to any trial before a lower court can file an appeal on facts and law . If the case is a civil case, the court of appeals first checks whether the trial court has committed procedural errors; if yes, it orders a retrial, sending the case back to the trial court. If no, or if the case is criminal, the court of appeals conducts what is essentially a retrial itself − the appellate trial does not merely review questions of law but also questions of fact, assessing evidence and questioning witnesses.

==See also==

@@ Line 34: / Line 34: @@
 === Local ===
 ==== Provincial courts ====
+Provincial courts, officially the Unified Provincial Court System, have original jurisdiction of a single province and are responsible for two jurisdictional orders, civil and criminal. Criminal cases tend to be second-class felonies in nature, or multiple delicts such as assault, baiting, or intentional infliction of emotional distress. The Provincial courts also handle some civil law disputes, for example, disputes over the contents of a business agreement or cases relating to family law, and a number of other non-contentious matters; such as adoption and appointment of legal guardians. Proceedings are generally open to the public, but access can be restricted for example in cases about sexual offences.
 ==== Prefectural courts ====
+Prefectural courts are general administrative courts which handle numerous types of cases relating to disputes between private persons and the authorities, administrative cases, civil cases, and cases of administrative offenses with the exception of cases under the jurisdiction of district courts. Prefectural courts can also handle criminal cases where imprisonment is for less than three years such as petty hooliganism, public drunkenness, and serious traffic violations of a non-criminal nature, minor civil cases such as simple divorces, some property cases, disputes over land, and some labor cases. Additionally, the prefectural courts handle a wide matter of contractual issues, such as rights of ownership, contract changes, performance of obligations, loans, bank accounts, and insolvency (bankruptcy) of juridical persons and natural persons.
 === Special courts ===
+There are also a number of special courts or tribunals which will hear a narrower set of cases, as set down by legislation. These special courts has a narrow jurisdiction as defined by special laws. Some of these courts are operated as divisions within local courts. The special courts usually determine cases at the lowest level of the court system or at the first appeal level of the court system. Examples of special courts include:
+==== Military tribunals ====
+The military tribunals generally have jurisdiction over criminal matters concerning the Imperial Armed Forces and its civilian personnel, as well as of crimes of foreign soldiers and their personnel during their duties if the treaties allow them to be tried on Caphirian soil. The creation of military tribunals and their territorial jurisdiction are regulated by the Minister of Defense, while the Minister of Justice makes internal regulations for the court. Most of the court-martials begin in garrison military courts, whose ruling may be appealed in the district military court. Exceptions to this rule include:
+* offences committed by officers of the rank of major or senior;
+* crimes that would have been prosecuted in the district court in civilian settings;
+* offences committed by foreign soldiers and foreign civilian personnel of the armed forces,
+which are tried in the district military courts and may be appealed to the Supreme Court.
+Extraordinary military courts may be established ad hoc, which are non-permanent courts created near military forces or installations outside the national territory or national waters, only to judge specific processes, being dissolved as soon as these are decided. Each of these courts would be composed by members of the military with a higher rank than the defendants and by a person with a degree in Law (preferable a judge, if available).
+==== Financial courts ====
+Financial courts have jurisdiction to try cases involving possible misuse of public funds, and, in some rare instances, of private funds. In the case of public fund misuse, the Censorial Assembly has the authority to intervene and takeover the case, although in practice they delineate their powers to the courts to have the right to hold public officers, agents, and officials accountable for the finances they oversee and operate.
+==== Migration Court ====
+The Migration Courts are the courts of appeal for decisions made by the [[External Office]] regarding asylum or residency in Caphiria. Decisions by the Migration Courts can be appealed to the District Courts.
 == Magistrates ==
 === Judges ===
@@ Line 57: / Line 80: @@
 According to the Codex of Latin Criminal Procedure, defendants are protected by a set of procedural guarantees typical for modern liberal democracies. Among other things, defendants:
 * are presumed innocent until proven guilty;
 * have the right to a speedy trial;
@@ Line 65: / Line 87: @@
 * cannot be prosecuted twice for the same crime, alleged or actual ("non bis in idem");
 * have a right to an appeal.
 The right to an appeal is taken seriously. Any party to any trial before a lower court can file an appeal on facts and law . If the case is a civil case, the court of appeals first checks whether the trial court has committed procedural errors; if yes, it orders a retrial, sending the case back to the trial court. If no, or if the case is criminal, the court of appeals conducts what is essentially a retrial itself − the appellate trial does not merely review questions of law but also questions of fact, assessing evidence and questioning witnesses.
 ==See also==

Judiciary of Caphiria: Difference between revisions

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