Procedural Law

Question 1

Function of procedural laws

Answer 1

Ensure fair assessment of a crime

Question 2

Basic structure of criminal process (2)

Answer 2

1. Investigations
2. Trial phase

Question 3

Investigation

Answer 3

Process in which a suspicion gets looked into, unveiling all relevant circumstances

Question 4

Suspicion founded in investigation means =

Answer 4

Allegation is drafted and case is taken to trial

Question 5

Trial

Answer 5

Impartial court decides whether defendant is innocent or guilty

Question 6

Adversarial vs Inquisitorial

Answer 6

Adversarial -> Common Law
- Parties collect the evidence
- Battle btw party and defence

Inquisitorial -> Civil Law
- Investigator judge collects evidence
- Battle btw the parties

Question 7

What are the 4 basic principles of criminal justice systems?

Answer 7

1. Finding a balance btw security and liberty of individuals
2. Presumption of innocence
3. Fair trial
4. Proportionality

Question 8

2. Presumption of innocence: What two principles exist?

Answer 8

1. Nature of Presumtioon: Individual is considered innocent until proven contrary
2. In dubio pro reo: Defendant can only be found guilty is guilt has been proved

Question 9

THE JUDICIARY. Definition and two characteristics that ensure proper adminitration

Answer 9

State-controlled institution that handles disputes under the definitions of the law

1. Judicial independence
2. Judicial impartiality

Question 10

Judicial independence. How is it ensured?

Answer 10

• Appointment for life
• Judicial budget
• Contempt of Court

Question 11

Judicial impartiality. How is it ensured?

Answer 11

1. Rigorous selection process
2. Exemption
3. Freedom restrictions in private life

Question 12

PROCEDURAL PRINCIPLES (5)

Answer 12

1. Right to fair hearing - fair trial
2. Access to justice
3. Right to a public hearing
4. Right to judgement within a reasonable time
5. Right to enforcement of the judgement

Question 13

1. Right to fair trial

Answer 13

Every party should have reasonable opportunity to present every relevant aspect of his case to the court

Question 14

1. The principle of audiatur et altera pars

Answer 14

The right to be heard and hear the other party as well

Question 15

1. Lites Finiri Oportet

Answer 15

All proceedings should come to an end at some point

Question 16

1. Decision Ex Parte

Answer 16

Jurisdiction allows courts to take decisions on the request of a party before the other party is heard

Question 17

1. Right to equality of arms

Answer 17

Parties should have equal opportunities

Question 18

1. Right to be present at trial

Answer 18

Right to be present at every stage possible

Question 19

1. Right to an Oral Hearing

Answer 19

Every party has the right to be heard before the court judgement is given

Question 20

1. Right to produce evidence

Answer 20

Claims and defenses are based on alleged facts

Question 21

1. Right to a reasoned judgement

Answer 21

Courts decisions should be verifiable and acceptable
- Civil law: In writing
- Common law: Orally

Question 22

Public hearing and announcement

Answer 22

Fair administration of justice happens publicly
Public media must be allowed to witness hearing

Question 23

Judgement within a reasonable time

Answer 23

Judgement should be made as fast as possible

Question 24

Right to enforcement

Answer 24

Enorcement of a decision should be lead to a result