Law of procedures Flashcards
Courts of law
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)
Jurisdiction (subject) and competence (geographical area)
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
Public prosecutor’s office
Structure: Municipal prosecutor’s office County prosecutor’s office Appellate prosecutor’s office Chief Prosecutor’s Office (Public Prosecutor General) Jurisdiction and competence = courts
Participants of the Criminal procedure
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
Responsibilities of the public prosecutors office:
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
Participants of the Civil suit
court (judge/s) (public prosecutor) plaintiff: voluntary role defendant: forced role intercessor: legal interest, voluntary (e.g. insurance company) or accepted role representatives
Evidences of the Criminal procedures
witness testimony, forensic expert opinion(s), physical evidences, documents, inspection
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