Law of procedures Flashcards

1
Q

Courts of law

A

Structure:
 district courts (court of first instance)
 county courts (court of first instance or appeal)
 high courts of appeal
 Supreme Court (second appeal, harmonised decisions)

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2
Q

Jurisdiction (subject) and competence (geographical area)

A

 protect the order of the state and society, citizens’ rights and legal interests
 punish those who committed a crime
 educate to respect law by impose,
executing and enforcing punishment
 control legality of state administrative orders
impartiality ensured by:
 independence of judges: not influenced or
ordered
 election of judges (Parliament, President):
diploma in law, experience and practice, clear
past record)
 participation of the society in judgment (lay
assessors)
 publicity
 appealable decisions

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3
Q

Public prosecutor’s office

A
Structure:
 Municipal prosecutor’s office
 County prosecutor’s office
 Appellate prosecutor’s office
 Chief Prosecutor’s Office (Public Prosecutor General)
 Jurisdiction and competence = courts
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4
Q

Participants of the Criminal procedure

A
Participants:
 court (judge/s)
 public prosecutor
 investigative authority (police, public prosecutor,
border guard, customs and finance guard)
 accused person
 injured party
 private prosecutor (e.g. libel, invasion of privacy)
 substitute civil suitor
 representatives
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5
Q

Responsibilities of the public prosecutors office:

A

 Control and protection of legality in all fields
 Prosecution of crimes
 Protection of citizenship rights
 Control, supervision of legality of procedures
 Representation of prosecution in legal proceedings
 Participation in private cases
 Supervision of penitentiary system
 Order, supervise or carry out investigations

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6
Q

Participants of the Civil suit

A
 court (judge/s)
 (public prosecutor)
 plaintiff: voluntary role
 defendant: forced role
 intercessor: legal interest, voluntary (e.g.
insurance company) or accepted role
 representatives
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7
Q

Evidences of the Criminal procedures

A
 witness testimony,
 forensic expert opinion(s),
 physical evidences,
 documents,
 inspection
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8
Q

impartiality ensured by:

A

 independence of judges: not influenced or
ordered
 election of judges (Parliament, President):
diploma in law, experience and practice, clear
past record)
 participation of the society in judgment (lay
assessors)
 publicity
 appealable decisions

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