Criminal justice system of Caphiria: Difference between revisions

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Criminal justice system of Caphiria (view source)

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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.
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.


The [[Urban Cohort]] (CU) is the principal law enforcement agency and domestic security service of Caphiria, operating under the jurisdiction of the military and receiving oversight from the Office of Judiciary Enforcement within the [[Ministry of Justice (Caphiria)|Ministry of Justice]]. The CU utilizes two types of officers, public security officers (''oesitiors'') and field agents (''vigiles''). An ''oesitior'' does not possess the same authority as a ''vigilum''; the most important distinction being public security officers do not have the power to arrest. An ''Oesitior'' can summon a civilian for investigative purposes, and can use force if the civilian refuses to cooperate, and when approved by a superior officer. Caphirian law states ''Oesitiors'' can not question citizens on authorized grounds more than eight hours, unless the citizen has violation that could result in administrative detention, in which case, the questioning could be extended to 24 hours. Caphirian law also states public security officers can not question someone for more than twelve hours, unless that someone is a major suspect of a crime, in which case it could be extended to twenty four hours. If an ''Oesitior'' found enough evidence for a crime, they can submit it to their commanding field agent for an arrest or if there is limited evidence or considered misdemeanor, they can impose administrative detention for up to fourteen days.
The [[Urban Cohort]] (CU) is the principal law enforcement agency and domestic security service of Caphiria, operating under the jurisdiction of the military and receiving oversight from the Office of Judiciary Enforcement within the [[Ministry of Justice (Caphiria)|Ministry of Justice]]. The CU utilizes two types of officers, public security officers (''oesitiors'') and field agents (''vigiles''). An ''oesitior'' does not possess the same authority as a ''vigilum''; the most important distinction being public security officers do not have the power to arrest. Caphirian law states public security officers can not question someone for more than twelve hours, unless that someone is a major suspect of a crime, in which case it could be extended to twenty four hours. If an ''Oesitior'' found enough evidence for a crime, they can submit it to their commanding field agent for an arrest or if there is limited evidence or considered misdemeanor, they can impose administrative detention for up to fourteen days.
=== Investigation ===
=== Investigation ===
The two basic elements of a crime are the act of doing that which is criminal (''actus reus''), and the intention to carry it out (''mens rea'').
The two basic elements of a crime are the act of doing that which is criminal (''actus reus''), and the intention to carry it out (''mens rea'').
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Once the CU becomes aware of the fact that a crime was committed, the investigation process begins: in Caphiria, the public prosecutor has the duty to initiate criminal proceedings. The ''provocatus'' (the person who is suspected to have committed the crime) can charge a lawyer to investigate on that person's behalf, in order to prove innocence. The District Court can appoint experts to carry out examinations; and, when the examination cannot be repeated (for instance, an autopsy), he must inform the ''provocatus'', so that he can appoint another expert, to ensure his right of defense. In the case of interrogations, of searches and of seizures, the ''provocatus'' can ask that his lawyer be present.  
Once the CU becomes aware of the fact that a crime was committed, the investigation process begins: in Caphiria, the public prosecutor has the duty to initiate criminal proceedings. The ''provocatus'' (the person who is suspected to have committed the crime) can charge a lawyer to investigate on that person's behalf, in order to prove innocence. The District Court can appoint experts to carry out examinations; and, when the examination cannot be repeated (for instance, an autopsy), he must inform the ''provocatus'', so that he can appoint another expert, to ensure his right of defense. In the case of interrogations, of searches and of seizures, the ''provocatus'' can ask that his lawyer be present.  


During the preliminary investigations, a judge seldom intervenes. The ''judex primo inquisitionis'' (Judge for the Preliminary Investigations) controls the actions of the District Court prosecutor, when the personal rights of the ''provocatus'' are at stake. No ''provocatus'' can be wiretapped, unless the Judge for the Preliminary Investigations has authorized it. All measures must be adopted by the Judge with an order, and he must also publish written explanations of his decisions.
The CU has to secure warrants to search for or seize evidence. A warrant is also necessary for an arrest, although if the crime is very serious or if the perpetrator is likely to flee, it can be obtained immediately after arrest. An ''Oesitior'' can summon a civilian for investigative purposes, and can use force if the civilian refuses to cooperate, and when approved by a superior officer. Caphirian law states ''Oesitiors'' can not question citizens on authorized grounds more than eight hours, unless the citizen has violation that could result in administrative detention, in which case, the questioning could be extended to 24 hours.
 
Within twenty-four hours after placing a suspect under detention, the CU has to present their case before a prosecutor, who is then required to apprise the accused of the charges and of the right to counsel. Within another twenty-four hours, the prosecutor has to go before a judge and present a case to obtain a detention order. Suspects can be held for ten days (extensions are granted in almost all cases when requested) pending an investigation and a decision whether or not to prosecute. In the 1980s, some suspects were reported to have been mistreated during this detention to exact a confession. These detentions often occur at cells within police stations, called ''daiyo kangoku''. A suspect can be taken into custody after arrest and before prosecution for up to 23 days.
 
During the preliminary investigations, a judge seldom intervenes. The ''judex primo inquisitionis'' (Judge for the Preliminary Investigations) controls the actions of the District Court prosecutor, when the personal rights of the ''provocatus'' are at stake. No ''provocatus'' can be wiretapped, unless the Judge for the Preliminary Investigations has authorized it. All measures must be adopted by the Judge with an order, and he must also publish written explanations of his decisions.  
 


=== Arrest ===
=== Arrest ===
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