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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 14:59, 25 March 2022
, 25 March 2022→Criminal investigative system
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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. | 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. | ||
=== Arrest === | |||
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 14 days (extensions are granted in almost all cases when requested) pending an investigation and a decision whether or not to prosecute. A suspect can be taken into custody after arrest and before prosecution for up to 23 days. | |||
Once a detention order is granted, the suspect is formally arrested and moved into an administrative detention center to await prosecution. The suspect will then remain in the detention center for the remainder of the judicial process, excluding trial and other instances where they would be needed in a courtroom or to have a meeting with a lawyer or magistrate. A suspect may be held for up to fifteen days or thirty days for multiple misdemeanors. Once a suspect is arrested by the CU, the case is turned over to the judiciary which determines which lower court (penal, civil, administrative, military) will have jurisdiction over it. | |||
=== Prosecution === | === Prosecution === | ||
==== Pre-trial ==== | ==== Pre-trial ==== | ||
Before trial, a preliminary investigation conducted by a pretrial judge is a routine part of the judicial process. It transfers the case to the relevant court on the basis of a reasonable estimation of what the accused criminals may be convicted of in the future. 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. | |||
==== Trial ==== | ==== Trial ==== | ||
==== Post-trial ==== | ==== Post-trial ==== | ||