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Judicial system of Sanama

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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.

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.
  • 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 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.