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Criminal justice system of Caphiria: Difference between revisions
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Criminal justice system of Caphiria (view source)
Revision as of 13:16, 25 March 2022
, 25 March 2022→Criminal investigative system
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Examples of delicts are assault, petty theft, invasions of privacy and interference with property, false imprisonment, unlawful prostitution, intentional infliction of emotional distress, and defamation. | Examples of delicts are assault, petty theft, invasions of privacy and interference with property, false imprisonment, unlawful prostitution, intentional infliction of emotional distress, and defamation. | ||
==== Infractions ==== | ==== Infractions ==== | ||
Infractions are the least severe type of crime and are certain minor or petty offenses that may be proceeded against summarily, and without a jury. The appointed judge, or a panel of three magistrates, decides the guilt or innocence of the accused. Each infraction is specified by statute which describes the (usually minor) offence and the judge to hear it. These can include criminal and civil citations, where a person may be charged with a criminal or non-criminal infraction without the need of a physical arrest, such as in cases of non-violent fineable violations, crimes that carry little incarceration time, or non-criminal acts such as speeding. Other examples of infractions include public intoxication, simple assault, disorderly conduct, trespassing, shoplifting, vandalism, reckless driving, indecent exposure. | Infractions are the least severe type of crime and are certain minor or petty offenses that may be proceeded against summarily, and without a jury. The appointed judge, or a panel of three magistrates, decides the guilt or innocence of the accused. Each infraction is specified by statute which describes the (usually minor) offence and the judge to hear it. These can include criminal and civil citations, where a person may be charged with a criminal or non-criminal infraction without the need of a physical arrest, such as in cases of non-violent fineable violations, crimes that carry little incarceration time, or non-criminal acts such as speeding. Other examples of infractions include public intoxication, simple assault, disorderly conduct, trespassing, shoplifting, vandalism, reckless driving, indecent exposure. | ||
== Criminal investigative system == | |||
The Codex of Latin Criminal Procedure contains the rules governing criminal procedure in every court in Caphiria and can be considered to be somewhere in between the inquisitorial system and the adversarial system. | |||
The Codex contains five "books." Book I, the conduct of the prosecution and investigation, covers the authorities charged with prosecution and investigation, inquiries and identify controls, and investigating jurisdictions. Book II, trial jurisdictions, specifies proceedings in the assize court, the trial of delicts, the trial of contraventions, and citations and service. Book III, channels for extraordinary recourse, mandates procedures for the petition for review and petitions for revision. Book IV describes procedures for some particular proceedings. These include trial in absentia; forgery; a case involving the disappearance of procedural papers; the regulation of judges; transfer from one court to another; recusals; offenses committed abroad; and the prosecution, investigation, and trial of offenses in economic and financial matters. Book V, execution proceedings, covers the execution of penal sentences, detention, parole, sentence suspension, recognition of the identify of convicted persons, imprisonment for payment, statute of limitation for punishments, the record of convictions, the rehabilitation of convicts, and the costs of justice. | |||
=== Investigation === | === Investigation === | ||
=== Arrest === | === Arrest === | ||
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{{main|Correctional system of Caphiria}} | {{main|Correctional system of Caphiria}} | ||
The final step in the criminal justice system is the correctional system. The [[correctional system of Caphiria]] (including prisons) operates under the Department of Incarceration, part of the [[Ministry of Justice (Caphiria)|Ministry of Justice]]. The Department of Incarceration has the primary role, responsibility and authority to change prison laws, rules and regulations.The correctional system is split between an administrative detention system and a judicial incarceration system, each with its own types of staff, facilities, and procedures. Caphirian law makes a legal distinction between the concepts of detainment, indictment, and imprisonment. As such, the balance of power is spread very evenly across the correctional system and the legal system, and the legal authority across the various departments is very clear. | The final step in the criminal justice system is the correctional system. The [[correctional system of Caphiria]] (including prisons) operates under the Department of Incarceration, part of the [[Ministry of Justice (Caphiria)|Ministry of Justice]]. The Department of Incarceration has the primary role, responsibility and authority to change prison laws, rules and regulations.The correctional system is split between an administrative detention system and a judicial incarceration system, each with its own types of staff, facilities, and procedures. Caphirian law makes a legal distinction between the concepts of detainment, indictment, and imprisonment. As such, the balance of power is spread very evenly across the correctional system and the legal system, and the legal authority across the various departments is very clear. | ||
On confinement, prisoners are first classified according to gender, nationality, type of penalty, length of sentence, degree of criminality, and state of physical and mental health. They are then placed in special programs designed to treat their individual needs. | |||
=== Administrative detention === | === Administrative detention === | ||
The administrative detention system is composed of public security departments at the township, regional, and provincial levels of Caphiria. These public security departments can issue detention orders and hold detainees at their own detention centers for a maximum of 90 days. There are two types of legal detainment: administrative and compulsory. | The administrative detention system is composed of public security departments at the township, regional, and provincial levels of Caphiria. These public security departments can issue detention orders and hold detainees at their own detention centers for a maximum of 90 days. There are two types of legal detainment: administrative and compulsory. | ||