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Criminal justice system of Caphiria: Difference between revisions
Criminal justice system of Caphiria (view source)
Revision as of 21:13, 23 March 2022
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Caphiria's Penal Code provides for three classes of crimes including felony, misdemeanor and petty offense, as well as minimum sentencing requirements and whose classifications determine what type of court tries a case | Caphiria's Penal Code provides for three classes of crimes including felony, misdemeanor and petty offense, as well as minimum sentencing requirements and whose classifications determine what type of court tries a case | ||
The penal law provides that the court shall determine the sentence, but provides for maximums and minimums for each type of national crime. Provinces may adopt laws assigning penalties which exceed national law, and in those cases higher courts defer to provincial law for sentencing. There are five types of crimes established nationwide - First-class Felonies, Second-class Felonies, | The penal law provides that the court shall determine the sentence, but provides for maximums and minimums for each type of national crime. Provinces may adopt laws assigning penalties which exceed national law, and in those cases higher courts defer to provincial law for sentencing. There are five types of crimes established nationwide - First-class Felonies, Second-class Felonies, delicts, and infractions. | ||
Petty misdemeanors and infractions are tried by prefectural courts, while the remainder of these national violations can be tried by district courts or by provincial courts with national charges added in addition to the primary charge brought forward by the province. | Petty misdemeanors and infractions are tried by prefectural courts, while the remainder of these national violations can be tried by district courts or by provincial courts with national charges added in addition to the primary charge brought forward by the province. | ||
An attempt to commit a felony is itself a crime, whereas an attempt to commit a misdemeanor is a crime only if specifically prescribed as such by law. | |||
=== Felony class === | === Felony class === | ||
==== First-class ==== | ==== First-class ==== | ||
In Caphiria, First-class felonies are crimes of the most seriousness. They may be either violent or nonviolent. First-class felonies carries with it a mandatory life sentence in prison without the possibility of parole or the death sentence in the case of a few specific crimes. The most common first-class felonies are grave crimes, such as treason, rape, and murder, each of which can be punishable by death, as well as kidnapping, regicide, criminal conspiracy in the first degree, and criminal conspiracy to overthrow the state. Additional first-class felonies may be crimes against peace, crimes of apartheid, forced disappearance, attempted genocide, conspiracy to commit genocide, the act of genocide, incitement to genocide, grand piracy, sexual slavery, unlawful/forced slavery, unlawful torture, waging a war of aggression, and war crimes | |||
==== Second-class ==== | ==== Second-class ==== | ||
Second-class felonies are not as severe as first-class felonies, but are still crimes of high seriousness. Like with first-class felonies, second-class felonies may be either violent or nonviolent. Second-class felonies carry a maximum of 25 years and a minimum of three years in the case of nonviolent felonies or six years with the possibility of parole after three years for violent felonies. Examples of second-class felonies are arson, animal cruelty, aggravated assault or battery, bribery, forgery, fraud, robbery, manslaughter, organized crime, perjury, tax evasion, criminal possession of narcotics with the intent to sell, criminal diversion of pharmaceuticals, threatening a magistrate, and blackmail. | |||
=== Misdemeanor class === | === Misdemeanor class === | ||
==== | ==== Delicts ==== | ||
==== Infractions ==== | ==== Infractions ==== | ||
== Criminal investigative system == | == Criminal investigative system == | ||
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===== Provincial prison ===== | ===== Provincial prison ===== | ||
===== National prison ===== | ===== National prison ===== | ||
== See also == | == See also == | ||
[[category:Caphiria]] | [[category:Caphiria]] | ||
[[category:Judiciary of Caphiria]] | [[category:Judiciary of Caphiria]] | ||
[[Category:Laws of Caphiria]] | [[Category:Laws of Caphiria]] | ||