Procedural Law Flashcards
Function of procedural laws
Ensure fair assessment of a crime
Basic structure of criminal process (2)
- Investigations
- Trial phase
Investigation
Process in which a suspicion gets looked into, unveiling all relevant circumstances
Suspicion founded in investigation means =
Allegation is drafted and case is taken to trial
Trial
Impartial court decides whether defendant is innocent or guilty
Adversarial vs Inquisitorial
Adversarial -> Common Law
- Parties collect the evidence
- Battle btw party and defence
Inquisitorial -> Civil Law
- Investigator judge collects evidence
- Battle btw the parties
What are the 4 basic principles of criminal justice systems?
- Finding a balance btw security and liberty of individuals
- Presumption of innocence
- Fair trial
- Proportionality
- Presumption of innocence: What two principles exist?
- Nature of Presumtioon: Individual is considered innocent until proven contrary
- In dubio pro reo: Defendant can only be found guilty is guilt has been proved
THE JUDICIARY. Definition and two characteristics that ensure proper adminitration
State-controlled institution that handles disputes under the definitions of the law
- Judicial independence
- Judicial impartiality
Judicial independence. How is it ensured?
- Appointment for life
- Judicial budget
- Contempt of Court
Judicial impartiality. How is it ensured?
- Rigorous selection process
- Exemption
- Freedom restrictions in private life
PROCEDURAL PRINCIPLES (5)
- Right to fair hearing - fair trial
- Access to justice
- Right to a public hearing
- Right to judgement within a reasonable time
- Right to enforcement of the judgement
- Right to fair trial
Every party should have reasonable opportunity to present every relevant aspect of his case to the court
- The principle of audiatur et altera pars
The right to be heard and hear the other party as well
- Lites Finiri Oportet
All proceedings should come to an end at some point
- Decision Ex Parte
Jurisdiction allows courts to take decisions on the request of a party before the other party is heard
- Right to equality of arms
Parties should have equal opportunities
- Right to be present at trial
Right to be present at every stage possible
- Right to an Oral Hearing
Every party has the right to be heard before the court judgement is given
- Right to produce evidence
Claims and defenses are based on alleged facts
- Right to a reasoned judgement
Courts decisions should be verifiable and acceptable
- Civil law: In writing
- Common law: Orally
Public hearing and announcement
Fair administration of justice happens publicly
Public media must be allowed to witness hearing
Judgement within a reasonable time
Judgement should be made as fast as possible
Right to enforcement
Enorcement of a decision should be lead to a result
