Judiciary of Caphiria

The Judiciary of Caphiria represents the judicial branch of the national government of Caphiria. The Ministry of Justice administers and oversees its overall judicial system. Caphiria has a court system divided into two broad categories - national and local - with five primary courts (prima atrium legis) and several special courts (solutus atrium legis). National courts generally have jurisdiction over all civil and criminal matters triable in the judicial system, whereas local courts are restricted to minor civil matters involving amounts of money up to $1,000,000 and also the majority of criminal and summary prosecutions.

At the apex of the national judicial hierarchy is the Supreme Court (Tribunalis Ultima) which operates independently from the Ministry of Justice. Under the Supreme Court are the intermediate appellate courts - the Court of Appeals - and the primary criminal trial courts called District Courts. At the local level, there are Provincial courts that have authority and original jurisdiction of a single province and are responsible for two jurisdictional orders, civil and criminal. The lowest level court is the prefectural court, which mostly handles small claims civil cases as well as minor criminal infractions.

The Ministry of Justice handles the administration of courts and judiciary, including paying salaries and constructing new courthouses. The Ministry of Justice also oversees the correctional system of Caphiria. Lastly, the Ministry of Justice receives and processes applications for national pardons and proposes legislation dealing with matters of civil or criminal justice. The Ministry of Justice arranges the album judicum - a list of every licensed jurist eligible for judging cases in a lawful court - and decides on the time and place of sessions in every Caphirian court of law. It also serves as the backbone for all of the Imperium's provincial and municipal court systems. Each provincial government possesses its own provinciarum judex, or provincial judge, who is subservient to the Ministry of Justice. While provincial judges have some leniency with their rulings and interpretations of the law, they are bound to the interpretation of the law from the Ministry of Justice as a whole, meaning any ruling in one province will immediately affect the others. Excluding the Supreme Court, every judge and member of the Ministry of Justice is elected alongside every other member of the government each lustrum.

Court system

Caphiria has a court system divided into two broad categories - national and local - with five primary courts (prima atrium legis) and several special courts (solutus atrium legis). National courts generally have jurisdiction over all civil and criminal matters triable in the judicial system, whereas local courts are restricted to minor civil matters involving amounts of money up to $1,000,000 and also the majority of criminal and summary prosecutions.

National

Supreme Court

The Supreme Court of Caphiria (Tribunalis Ultima) is the highest court within Caphiria and ensures the correct application of law in the inferior and appeal courts and resolves disputes as to which lower court (penal, civil, administrative, military) has jurisdiction to hear a given case. The Supreme Court can reject or confirm a sentence from a lower court. If it rejects the sentence, it can order the lower court to amend the trial and sentencing, or it can annul the previous sentence altogether. A sentence confirmed by the Supreme Court is final and definitive, and cannot be further appealed for the same reasons. Decisions ruled as part of a proceeding in the Supreme Court cannot be overruled elsewhere, unless the relevant law is changed by senatus consultum. Although the Supreme Court cannot overrule the trial court's interpretation of the evidence it can correct a lower court's interpretation or application of the law connected to a specific case.

According to the Constitution, the Supreme Court shall pass judgment on:

• controversies on the constitutional legitimacy of laws issued by the State and Provinces and when the Court declares a law unconstitutional, the law ceases to have an effect the day after the publication of the ruling,
• conflicts arising from the allocation of powers of the State and those powers allocated to State and Provinces, and between Provinces,
• charges brought against the Imperator,
• The constitutional court passes on the constitutionality of laws with no right of appeal.

The Supreme Court is organized into two divisions: a criminal section and a civil section. The court has a general president who is appointed by the Imperator, The Magnus Judex (High Judge), a deputy, and each section has its own president. Cases brought to the supreme court are normally heard by a panel of five judges. In more complex cases, especially those concerning compounded matters of statutory interpretation an extended panel of nine judges hears the case. In addition, in every case submitted to the supreme court, the office of the public prosecutor must state their interpretation of the applicable law, to assist and facilitate the court, in a consultative capacity, in reaching its final decision. The Supreme Court itself is composed of 15 judges that are collectively known as the Council of Supreme Judges (Consilio Judicatis Magnus) for the term of service of two lustra (10 years total): 5 appointed by the Imperator, 5 elected by the Senate, and 5 elected by the ordinary and administrative courts. Candidates need to be either a lawyer with twenty years or more experience, full professors of law, or (former) members of the Ministry of Justice. The Council then elects the Presidents of the court. The President is elected from among its members in a secret ballot, by an absolute majority (8 votes in the case of a full-court). If no person gets a majority, a runoff election between the two judges with the most votes occurs.

Court of Appeals

The Court of Appeals are the intermediate appellate courts of Caphiria, with original and appellate jurisdiction to hear cases involving defendants accused of felonies. The Court of Appeals also may hear from the district courts within their borders, or in some instances from other designated national courts and administrative agencies. Three divisions are created within these courts: the criminal division, the labor division, and the civil division, which rules in civil, family and economic law matters. An inspection chamber may be also created to control the courts within the appeal court's jurisdiction

Cases are tried by a jury of six jurors and a panel of three active judges, that is, one judge-in-charge (called "president" of the court) and two associate judges, on first hearing, and a jury of nine jurors and a panel of three active judges on appeal. Lists of eligible jurors are put together at random from the list of registered voters, but both the prosecution and defense have the right to peremptory challenge and can re

District courts

District Courts are the courts of first instance for the national judicial system of Caphiria. The district court is both the court of original jurisdiction and appellate jurisdiction. As an appellate court, it hears appeals from the local courts within its territory, usually in specially designed appellate divisions, or, in the case of smaller district courts, sections. There are also limited cases in which this court has original jurisdiction. District courts are courts of law, equity, and admiralty, and can hear both civil and criminal cases as long as it relates to national law. The district courts exercise original jurisdiction over—that is, they are empowered to conduct trials in—the following types of cases:

• Civil actions arising under the Constitution, laws, and treaties of the Imperium;
• Certain civil actions between citizens of different provinces;
• Civil actions within the admiralty or maritime jurisdiction of the Imperium;
• Criminal prosecutions brought by the Imperium;
• Civil actions in which the Imperium is a party; and
• Many other types of cases and controversies

District Courts have original jurisdiction in felony cases and in civil cases where the disputed amount is over $1,000,000. They also handle bankruptcy hearings. Each District Court trial is presided over by at least one judge: two associate judges are also called in for appellate cases from local courts, or for criminal cases where the maximum penalty would be in excess of one year in prison. Attorneys sit on either side of the courtroom, facing the center. In a criminal case, the accused faces the judges from the rear of the courtroom. The witness box is in the center, also facing the judges.

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.

Law

Main article: Law of Caphiria

The Caphirian legal system is a civil law system based on comprehensive legal codes and laws rooted in Latinic law. As is often the case with civil law countries, the proceedings, even though they have some characteristics of the adversarial system, are predominantly grounded in the inquisitorial system. The judges are supposed to take an active part in investigating the facts of the case, particularly in criminal law cases, and pre-trial proceedings are extensive. The Judiciary is primarily regulated by the Constitution of Caphiria, the Codex of Latin Criminal Procedure, and the 1969 Constitutional Law on the Judiciary. The Constitution states that the judicial branch is independent of the legislative and executive branches, making the Ministry of Justice the only ministry outside of the purview of the Imperator.

The Constitution guarantees respect for the essential principles necessary for the correct functioning of the Judiciary:

• Impartiality: to guarantee the assured effective judicial trusteeship to all citizens by the Constitution, judges must remain impartial in cases that they judge and must abstain from cases that they have no reason to enter into.
• Independence: courts and tribunals are independent of all authority or people in the exercise of jurisdictional power.
• Irremovability: judges and magistrates are irremovable and cannot be removed, suspended, separated or retired without cause and with guarantees established by law.
• Responsibility: judges and magistrates are personally responsible for their disciplinary infractions and crimes committed in the exercise of their office; this responsibility can only be required by the established legal disciplinary tract, without interference by the executive or legislative branches of the government or through ordinary legal proceedings.
• Legality: in the exercise of their jurisdictional functions, judges and magistrates are subject to the Constitution and to the rest of the laws just as other branches of government and citizens are

Criminal procedure

Main article: Criminal justice system of Caphiria

Everyone - regardless of citizenship - has the right to legal assistance. The accused have the right to a defense lawyer from the time they are detained, put in custody, charged, or declared a suspect. According to the Codex of Latin Criminal Procedure, defense lawyers can participate in investigations with the consent of the prosecutor, meet privately with a client, collect evidence independently of the prosecutor, identify defense witnesses, present expert witnesses, be present for all court procedures, access to the evidence of the prosecution after the investigation, and to file appeals regarding court procedures.

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;
• cannot be tried in absentia;
• cannot be forced to incriminate themselves;
• cannot be tried for transgressions that are not specifically defined to be criminal offenses by statutory law, or that were not specifically defined to be criminal offenses by statutory law at the time they were committed ("nulla poena sine lege");
• 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.