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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 00:02, 28 March 2022
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==== National ==== | ==== National ==== | ||
===== Supreme Court ===== | ===== Supreme Court ===== | ||
The Supreme Court of Caphiria (''Tribunalis Ultima'') is the highest court within Caphiria and ensures the correct application of law in the inferior and appeal courts and resolves disputes as to which lower court (penal, civil, administrative, military) has jurisdiction to hear a given case. The Supreme Court can reject or confirm a sentence from a lower court. If it rejects the sentence, it can order the lower court to amend the trial and sentencing, or it can annul the previous sentence altogether. A sentence confirmed by the Supreme Court is final and definitive, and cannot be further appealed for the same reasons. Decisions ruled as part of a proceeding in the Supreme Court cannot be overruled elsewhere, unless the relevant law is changed by ''senatus consultum''. Although the Supreme Court cannot overrule the trial court's interpretation of the evidence it can correct a lower court's interpretation or application of the law connected to a specific case. | {{main|Supreme Court (Caphiria)}} | ||
The [[Supreme Court (Caphiria)|Supreme Court of Caphiria]] (''Tribunalis Ultima'') is the highest court within Caphiria and ensures the correct application of law in the inferior and appeal courts and resolves disputes as to which lower court (penal, civil, administrative, military) has jurisdiction to hear a given case. The Supreme Court can reject or confirm a sentence from a lower court. If it rejects the sentence, it can order the lower court to amend the trial and sentencing, or it can annul the previous sentence altogether. A sentence confirmed by the Supreme Court is final and definitive, and cannot be further appealed for the same reasons. Decisions ruled as part of a proceeding in the Supreme Court cannot be overruled elsewhere, unless the relevant law is changed by ''senatus consultum''. Although the Supreme Court cannot overrule the trial court's interpretation of the evidence it can correct a lower court's interpretation or application of the law connected to a specific case. | |||
According to the Constitution, the Supreme Court shall pass | According to the Constitution, the Supreme Court shall pass judgment 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 an 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 the 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 | 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 hears the case. In addition, in every case submitted to the supreme court, the office of the 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 a lawyer 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 | ||