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Criminal justice system of Caphiria (view source)

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== Criminal court system ==
== Criminal court system ==
=== Hierarchy of courts ===
=== Hierarchy of courts ===
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'').  
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 ====
==== National ====
===== Supreme Court =====
===== Supreme Court =====
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According to the Constitution, the Supreme Court shall pass judgement on:
According to the Constitution, the Supreme Court shall pass judgement 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 effect the day after the publication of the ruling,
* 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 effect the day after the publication of the ruling,
* conflicts arising from allocation of powers of the State and those powers allocated to State and Provinces, and between Provinces,
* conflicts arising from allocation of powers of the State and those powers allocated to State and Provinces, and between Provinces,
* charges brought against the Imperator,
* charges brought against the Imperator,
* The constitutional court passes on the constitutionality of laws with no right of appeal.
* 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 hear the case. In addition, in every case submitted to the supreme court, the office of 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 lawyers 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.
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 hear the case. In addition, in every case submitted to the supreme court, the office of 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 lawyers 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 =====
===== 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  
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 refuse a juror without stating a reason.  
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 refuse a juror without stating a reason.  
===== District Courts =====
===== 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:
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;
* Civil actions arising under the Constitution, laws, and treaties of the Imperium;
* Certain civil actions between citizens of different provinces;
* Certain civil actions between citizens of different provinces;
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* Civil actions in which the Imperium is a party; and
* Civil actions in which the Imperium is a party; and
* Many other types of cases and controversies
* 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.
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 ====
==== Local ====
===== Provincial courts =====
===== Provincial courts =====
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