Judicial system of Sanama
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 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.
The federal courts are organised into three levels:
- Trial courts, courts of first instance organised in each federal judicial district, coterminous with the regional government units.
- 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.
- 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.
Provincial courts
Cisamarra
Cisamarra has a very fractured court system. It too is divided into three levels:
- Tribunale di primo grado, Court of first instance:
- Gjudice di Pace, justice of the peace: Handles civil disputes with a value up to R$15,000. Court consists of one judge.
- 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.
- Tribunale dei contratti, contract court: Hears disputes over contracts. Consists of three judges.
- Tribunale per i minorenni, juvenile court: Hears cases of criminal activity by minors. Consists of one judge.
- 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.
- Corte d'appello, court of appeals:
- Corte d'appello civile, civil appeals court: Hears appeals from gjudice di pace, tribunale del traffico and tribunale dei contratti. Consists of three or five judges.
- Corte d'appello di famiglja, family appeals court: Hears appeals from tribunale della famiglja and tribunale per i minorenni. Consists of three or five judges.
- Corte d'appello penale, criminal appeals court: Hears appeals from tribunale per le questioni penali minori and corte delle principali questioni penali. Consists of five, seven or nine judges depending on the severity and complexity of the case, as well as the prison sentence sought.