Judicial system of Sanama: Difference between revisions

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{{Sanama Article}}
{{Sanama Article}}
Due to the federal structure of Sanama, the judicial system consists of two separate parts, provincial courts and federal courts. Provincial courts enforce provincial criminal and civil law, while the federal courts enforce federal law. The four territories, coming under direct federal authority, do not have a separate court system, but are a part of the federal system. The court systems enjoy constitutional protection from interference by the executive, as well as protection against undue influence from other parts of the government. On the federal level judges are appointed by the President on the recommendation of the ''Judiciary Council''. Once appointed, federal judges serve for life but can be removed by the Judiciary Council for good cause. How provincial judges are appointed vary across the country.


== Federal courts ==
The [[Sanama Ministry of Justice|Ministry of Justice]] is responsible for court administration through the [[Courts Administration Bureau (Sanama)|Courts Administration Bureau]], including salaries, buildings and security through the [[National Marshal Service (Sanama)|National Marshal Service]]. Prosecutions are carried out by the [[Bureau of the Inquisitor General (Sanama)|Bureau of the Inquisitor General]], headed by the Inquisitor General with subordinate inquisitors at every court. The Ministry has no power over the courts in executing their judicial functions. All judges, including the judges on the National Judex, are appointed by the President of the Union on the advice of the National Judicial Council for 12 year terms.


The Department of Justice is responsible for court administration through the ''Federal Courts Directorate'', including salaries, buildings and security through the ''Federal Marshal Service''. Federal prosecutions are supervised by the ''Office of the Inquisitor General'', headed by the Inquisitor General with subordinate prosecutors at every federal court. However, the Department of Justice has no power over court proceedings, judgements or orders.
Since a major reorganisation in 1746, the courts are organised into three types of courts:
* ''Criminal courts''
* ''Civil courts''
* ''Administrative courts''


The federal courts are organised into three levels:
== Types of courts ==
* ''Trial courts'', courts of first instance organised in each federal judicial district, coterminous with the regional government units.
=== Criminal courts ===
* ''Appeals bench of the Federal Judex'', court of appeal, a division of the Federal Judex. Consists of several divisions sitting in different parts of the country.
District criminal courts are the courts of first instance in all criminal prosecutions. Each case is heard by a judge and the finder of both fact and law is a 12 member jury, selected by lot from citizens living in the court's jurisdiction. Eight out of 12 votes is needed for a guilty verdict. There is about one court per 250,000 people, concentrated to urban areas and main towns in rural areas, for a total number of about 570. Both the defendant and the prosecutor can appeal a verdict. Appeals are heard by one of the around 80 regional criminal courts, organised based on the cantons, with some courts covering more than one canton. Appeals from the regional criminal courts are heard by one of the ten courts of appeal (criminal division). Only the defendant can apply for leave to appeal to the National Judex, the highest court, which is not obliged to grant the leave.  
* ''Federal Judex'', supreme federal court. Hears appeals from the appeals bench on its own discretion. Court of first instance in disputes between provinces, between one or more provinces and a territory, one or more provinces and the federal government, and cases involving foreign diplomats.
* ''Federal Constitutional Judex'', a division of the Federal Judex that only hear cases where the conformity of a law with the federal constitution is in question.


Federal law applies when a crime or dispute has taken place in more than one province, in a territory, aboard a Sanaman ship or aircraft, aboard a foreign ship or aircraft in Sanaman territory, on federal property, or if it affected a federal employee. Federal courts also hear cases brought under the federal constitution. Cases heard in provincial supreme courts can be appealed to the Federal Judex only if they concern federal law or the federal constitution.
=== Civil courts ===
There is a district civil court colocated with each criminal district court. They are the courts of first instance in civil suits between physical or legal persons. Both parties can appeal a verdict to the regional civil courts, also colocated with the regional criminal courts. Appeals from the regional courts are heard by one of the ten courts of appeal (civil division). Leave to appeal is required to appeal to the National Judex, who only hears cases that would form useful precendence for the judicial system. The court consists of either three, five or seven judges, with a majority needed to find in favour of either party.  


== Provincial courts ==
=== Administrative courts ===
=== Cisamarra ===
A regional administrative court is colocated with the other regional courts and is the first instance in administrative cases, i.e. complaints against decisions made by public bodies and other cases regarding the exercise of public power. Leave to appeal is usually needed to appeal to one of the ten courts of appeal (administrative division), as well as appeals to the National Judex. The Judex only hears cases that would form presedence, or cases where it is evident that a private person has been subjected to grave injustice by a public body. In the regional courts and courts of appeal, administrative cases are decided by a panel of five or seven judges.
[[Cisamarra]] has a very fractured court system. It too is divided into three levels:


* ''Tribunale di primo grado'', Court of first instance:
=== National Judex ===
** ''Gjudice di Pace'', justice of the peace: Handles civil disputes with a value up to R$15,000. Court consists of one judge.
The National Judex forms the apex of the judicial system, hearing matters that would form useful presedence or concern complicated constitutional law. They are also required to ensure that final verdicts issued by courts are legally sound. The National Judex hears appeals from all three types of courts, usually as seven-member panels. The Chief Justice can decide that an especially important issue should be decided by the entire court.
** ''Tribunale della famiglja'', family court: These courts handle custody of minors, divorce, adoption, and other cases involving the family. Court consists of one judge or, if the matter is unusually complicated, three judges.
 
** ''Tribunale del traffico'', traffic court: Hears traffic cases, such as appeals against parking fines, traffic violations and violations of the vehicle and traffic codes. Consists of one or three judges. Does not hear criminal traffic cases, such as hit and run or vehicular manslaughter.
== Judicial system under the Third Republic ==
** ''Tribunale dei contratti'', contract court: Hears disputes over contracts. Consists of three judges.
[[Sanama]] had a national judicial system that covered the provinces under the national government and Highpass, while Thanatos and Cisamarra had separate courts. The National Judex still heard appeals from the high courts of Thanatos and Cisamarra in cases relating to national law. The court also allowed direct appeal, commonly called "the elevator", where an applicant could apply for the National Judex to hear a case at any step in the court hierarchy. The court systems enjoyed constitutional protection from interference by the executive, as well as protection against undue influence from other parts of the government. In the National Judex judges were appointed by the President on the recommendation of the National Judicial Chamber. Once appointed, Arbiters of the National Judex served for life but could be removed by impeachment for good cause. Local and appellate judges were appointed by the President on the recommendation of the National Judicial Chamber and also served for life.
** ''Tribunale per le questioni penali minori'', minor criminal court: Hears criminal prosecutions where the possible sanction is no more than six months imprisonment. Consists of one judge unless the prosecutor seeks a prison sentence, when it consists of three judges.
 
** ''Corte delle principali questioni penali'', major criminal court: Hears criminal prosecutions where the possible sanction is more than six months imprisonment. Consists of three judges or, if the prosecutor seeks a prison sentence exceeding eight years, five judges.
=== National courts ===
 
The Department of Justice was responsible for court administration through the ''Courts Administration Directorate'', including salaries, buildings and security through the ''National Marshal Service''. Prosecutions were supervised by the ''Directorate of the Inquisitor General'', headed by the Inquisitor General with subordinate prosecutors at every court. However, the Department of Justice had no power over court proceedings, judgements or orders.
 
The national courts were organised into four levels:
* ''Magistrate courts'', courts of first instance hearing petty crimes and minor conflicts, including the ''ffaman sawa'' panels. Each case was heard by a single magistrate, except for proceedings in the ''ffaman sawa'' where the elected committee sat as a quasi-judicial court.
* ''Tribunal courts'', courts of first instance organised in each judicial district, with each province making up a judicial district. Each case was heard by a panel of three judges.
* ''Appeals courts'', courts of appeals, one in each appellate circuit covering several judicial districts. Each case was heard by a panel of five judges. The appeals courts also covered Cisamarra and Thanatos, relying on first instance autonomous country courts to hear cases involving national laws, but accepting appeals against those decisions in matters pertaining to national law in lieu of the autonomous country courts of appeals.
* ''National Judex'', supreme national court. Heard appeals from the appeals courts on its own discretion. Each case was heard by a panel of seven Arbiters.
* ''Constitutional Judex'', the name for the National Judex hearing a case where the constitutionality of a law was in question or a question of constitutional interpretation was argued. Consisted of all Arbiters of the National Judex. The court also heard certain appeals from supreme courts in the autonomous countries where national law was involved, or the autonomous country court was charged with overstepping the relevant autonomy schedule of the constitution.


[[Category:Sanama]]
[[Category:Sanama]]
[[Category:Judiciaries]]
[[Category:Judiciaries]]

Latest revision as of 19:43, 27 August 2025

The Ministry of Justice is responsible for court administration through the Courts Administration Bureau, including salaries, buildings and security through the National Marshal Service. Prosecutions are carried out by the Bureau of the Inquisitor General, headed by the Inquisitor General with subordinate inquisitors at every court. The Ministry has no power over the courts in executing their judicial functions. All judges, including the judges on the National Judex, are appointed by the President of the Union on the advice of the National Judicial Council for 12 year terms.

Since a major reorganisation in 1746, the courts are organised into three types of courts:

  • Criminal courts
  • Civil courts
  • Administrative courts

Types of courts

Criminal courts

District criminal courts are the courts of first instance in all criminal prosecutions. Each case is heard by a judge and the finder of both fact and law is a 12 member jury, selected by lot from citizens living in the court's jurisdiction. Eight out of 12 votes is needed for a guilty verdict. There is about one court per 250,000 people, concentrated to urban areas and main towns in rural areas, for a total number of about 570. Both the defendant and the prosecutor can appeal a verdict. Appeals are heard by one of the around 80 regional criminal courts, organised based on the cantons, with some courts covering more than one canton. Appeals from the regional criminal courts are heard by one of the ten courts of appeal (criminal division). Only the defendant can apply for leave to appeal to the National Judex, the highest court, which is not obliged to grant the leave.

Civil courts

There is a district civil court colocated with each criminal district court. They are the courts of first instance in civil suits between physical or legal persons. Both parties can appeal a verdict to the regional civil courts, also colocated with the regional criminal courts. Appeals from the regional courts are heard by one of the ten courts of appeal (civil division). Leave to appeal is required to appeal to the National Judex, who only hears cases that would form useful precendence for the judicial system. The court consists of either three, five or seven judges, with a majority needed to find in favour of either party.

Administrative courts

A regional administrative court is colocated with the other regional courts and is the first instance in administrative cases, i.e. complaints against decisions made by public bodies and other cases regarding the exercise of public power. Leave to appeal is usually needed to appeal to one of the ten courts of appeal (administrative division), as well as appeals to the National Judex. The Judex only hears cases that would form presedence, or cases where it is evident that a private person has been subjected to grave injustice by a public body. In the regional courts and courts of appeal, administrative cases are decided by a panel of five or seven judges.

National Judex

The National Judex forms the apex of the judicial system, hearing matters that would form useful presedence or concern complicated constitutional law. They are also required to ensure that final verdicts issued by courts are legally sound. The National Judex hears appeals from all three types of courts, usually as seven-member panels. The Chief Justice can decide that an especially important issue should be decided by the entire court.

Judicial system under the Third Republic

Sanama had a national judicial system that covered the provinces under the national government and Highpass, while Thanatos and Cisamarra had separate courts. The National Judex still heard appeals from the high courts of Thanatos and Cisamarra in cases relating to national law. The court also allowed direct appeal, commonly called "the elevator", where an applicant could apply for the National Judex to hear a case at any step in the court hierarchy. The court systems enjoyed constitutional protection from interference by the executive, as well as protection against undue influence from other parts of the government. In the National Judex judges were appointed by the President on the recommendation of the National Judicial Chamber. Once appointed, Arbiters of the National Judex served for life but could be removed by impeachment for good cause. Local and appellate judges were appointed by the President on the recommendation of the National Judicial Chamber and also served for life.

National courts

The Department of Justice was responsible for court administration through the Courts Administration Directorate, including salaries, buildings and security through the National Marshal Service. Prosecutions were supervised by the Directorate of the Inquisitor General, headed by the Inquisitor General with subordinate prosecutors at every court. However, the Department of Justice had no power over court proceedings, judgements or orders.

The national courts were organised into four levels:

  • Magistrate courts, courts of first instance hearing petty crimes and minor conflicts, including the ffaman sawa panels. Each case was heard by a single magistrate, except for proceedings in the ffaman sawa where the elected committee sat as a quasi-judicial court.
  • Tribunal courts, courts of first instance organised in each judicial district, with each province making up a judicial district. Each case was heard by a panel of three judges.
  • Appeals courts, courts of appeals, one in each appellate circuit covering several judicial districts. Each case was heard by a panel of five judges. The appeals courts also covered Cisamarra and Thanatos, relying on first instance autonomous country courts to hear cases involving national laws, but accepting appeals against those decisions in matters pertaining to national law in lieu of the autonomous country courts of appeals.
  • National Judex, supreme national court. Heard appeals from the appeals courts on its own discretion. Each case was heard by a panel of seven Arbiters.
  • Constitutional Judex, the name for the National Judex hearing a case where the constitutionality of a law was in question or a question of constitutional interpretation was argued. Consisted of all Arbiters of the National Judex. The court also heard certain appeals from supreme courts in the autonomous countries where national law was involved, or the autonomous country court was charged with overstepping the relevant autonomy schedule of the constitution.