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Bill: RP: Judicial Law of the Kingdom

Details

Submitted by[?]: Hosian-Konservative Allianz

Status[?]: passed

Votes: This is an ordinary bill. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.

Voting deadline: August 5383

Description[?]:

OOC: Formalizes some structure to the legal system of the Kingdom of Dorvik, establishes the inquisitorial system versus the jury system. The judicial system in Dorvik is similar to that of modern Germany.

Article 1 - The Judicial Commission of the Kingdom of Dorvik.
Section 1 - The State Judiciary Committee (Dundorfian: Staatsjustizausschuss), formally the Judicial Commission of the Kingdom of Dorvik (Dundorfian: Justizkommission des Königreichs Dorvik) is responsible for the appointment of the professional judges of the Kingdom of Dorvik at all levels. The Judicial Commission is lead by the President of the Judicial Commission and assisted by 2 Vice Presidents, the composition of the Judicial Commission is decided upon by the His Majestic Highness, the King and Kaiser, the State Chancellor and the Minister of Justice, its composition can be no less than 11 members;

Section 2 - The Judicial Commission of the Kingdom of Dorvik grants authority to the respective Provincial Judicial Committees to oversee appoints within their respective provinces at all levels.

Article 2 - The Judicial Law of the Kingdom establishes the formal organization of courts within the Kingdom of Dorvik.
Section 1 - A District Court (Amtsgerichte or Kreisgerichte) possess original jurisdiction and are responsible for the carrying out of sentencing and adjudication of criminal, civil and specialized functions. District courts can be sat in two styles: either presided over by a "Criminal Judge" (Stragrichter) which is 1 professional judge and when criminal sentences are expected to be less than two years; or a "Judicial Jury" (Schoffengericht) which is 1 or 2 professional judges and 2 lay judges when criminal sentences are expected to be between two and four years.

Section 2 - Major cities will be permitted to have local City Court (Stadtgerichte) that function similar to District Courts (Amtsgerichte) but with localized jurisdiction. Stadtgerichte typically follow District Court organization in which they will either be a "Criminal Judge" (Stragrichter) which is 1 professional judge or a "Judicial Jury" (Schoffengericht) which is 1 or 2 professional judges and 2 lay judges.

Section 3 - Above District and City Courts are Provincial Courts (Provinzgerichte) which are utilized for specific matters. A Provincial Court can be sat in multiple forms depending on the case at hand. A "Greater Criminal Chamber" (große Strafkammer) which consists of 2 or 3 professional judges and 2 lay judges is sat when criminal cases are expected to exceed four years or the prosecutor of the case requests that it not be held by a District/City Court. A "State Protection Chamber" (Staatsschutzkammer) is sat when the crime involves minor political crimes.

Provincial Courts can also be sat as an "Oath Court" (Schwurgericht) comprised of 3 professional judges and 2 lay judges when the crime results in death. It can also be sat as an "Economic Criminal Chamber" which is similarly composed of 3 professional judges and 2 lay judges and is sat when economic crimes are alleged.

Section 4 - A Higher Provincial Court (Oberprovinzgerichte) is sat typically as a "Criminal Senate" which is comprised of 3 to 5 professional judges when serious political crimes are alleged.

Section 5 - Provinces of the Kingdom of Dorvik will maintain a Provincial Supreme Court (Oberster Provinzgerichtshof) which will be the highest court within each respective provinces and will be the court of final jurisdiction for all cases unless sent up to or selected by a higher, state-level court.

Proposals

Debate

These messages have been posted to debate on this bill:

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Voting

Vote Seats
yes
 

Total Seats: 700

no

    Total Seats: 0

    abstain

      Total Seats: 0


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