08 State Sphere: Judiciary (2 out of 5) Second part

(Last edited 20130602 hours 12:19) 

• Appeal

All judges, including those who have already completed the seven years of the Judiciary and are at rest, elect every 3.5 years, among the judges who are at rest (ex-judges of first aid treatment), elect said appellate courts. Voting is nominal and therefore blatant.

As we proceed to elect the accusers and defenders of appeal.

 • Cassation Court

Proceed in the same way, having as appellate judges eligible to stand.

 It is understandable, therefore, that an appellate court judge has at least seven years’ experience and a judge of the Court of Cassation has at least fourteen years of experience.

 For Indictment States,  we apply the same rules used to accuse judges of first-aid treatment.

 With regard to the Cassation Court, judges are elected in number twice as necessary. The Board of Directors of the Economic Sphere and that similar of Donations Sphere, in joint sitting, vote half of the judges  candidates for the Cassation Court.

The whole thing is renewing the Appeal to fifty per cent, and so on.

 

• Court of the Constitution and of the Jurisprudence.

This Court consists of six judges:

Two designated without a secret ballot among the judges of the Supreme Court, judges of Appeal and judges of the Cassation Court.

Two designated  by Donations Sphere and two from the Economic Sphere.

Also in this case the renewal takes place.

The judges, appointed by Economics and Donations, are selected from among the managers of respective Spheres with at least 56 years old (must have completed military service). The President of the Republic decides if an even vote. The Constitutional Court is also called the Jurisprudence  Court.

A new judgment (which could constitute new Jurisprudence  ) must have at least three cases ratified to be placed among the normal reviews.

The Court determines whether a judgment constitute new Jurisprudence up to and including the level of three cases, after which it shall be deemed to be included in the normal reviews.

Any magistrate judge, Prosecutor and defender, and also any attorney regularly designed, can invoke a new case as jurisprudence before the Special Committee consisting of the High Court of Cassation  (not the Constitutional Court), together with Economy and Donations Spheres.

If the judgment of the jurisprudence is  negative, no  question will be forwarded to the Jurisprudence Court.

The judgment passed in the Jurisprudence Court  can innovate or be dismissed. An innovated three times becomes new Jurisprudence case, normalized and acquired in all respects.

The Jurisprudence Committee at the Court of Cassation has the task to write down for each opinion forwarded to Jurisprudence Court or dismissed, the name of the presenter, so that those who have too many invocations rejected can be punished and who has many invocations accepted (though rejected by the  Jurisprudence Court) can be recognized and reinforced.

 

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