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"Law Reforms" by langtung123
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§§Suggestion for
Law Reforms
Chapter 1 - Laws for all procedures.
Chapter 2 - Laws for criminal procedures.
Chapter 3 - Laws for civil procedures.
§ssss
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Chapter 1 - Laws for all procedures.
§+1) Principle of Proof Immediacy.
The judge has to judge the proofs and evidence in the present, and he decides, what weighes more and what he considers less deciding.
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2) Principle of Orality.
The Defendant has the right to a fast and secure case-work. If the defendant feels violated or ignored on these grounds, they have the right to sue the government.
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3) Principle of publicity.
All cases has to be avaliable to the public unless very specific terms decide otherwise. A witness can call for closed doors, if they have reasons. But that's only during the time, that the witness takes stand.
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4) Principle of Examination.
The defendant has the right, to at any time, ask for information about the casefile. They have the right to question the information, and the court will react accordingly.
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5) Princip of Two-Case-Instance.
The defendant has the right to appeal to a higher court, if he is unsatisfied with the result. This can only be done once. (This can also be applied by the plaintiff in a civil case)
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Chapter 2 - Laws for criminal procedures.
1) Principle of The Material Truth.
The judge needs to be objective under the case. The judge has a duty to ask questions on vague subjects, and he has an active role in finding the truth.
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1.1) Principle of The Material Truth.
The police under investigation has the duty to also remain objective. The prosecutor may only file a case, if he is certain it will lead to a conviction. During court he represents the state.
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2) The Adverserial System.
The duty to solve the case, and the duty to decide the guilt of the defendant has to be separeted.
It is not the judges duty to find the guilty party in a case. Only to determine the guilt of the defendant.
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3) Principle of Two Parties.
During a case it is the two parties, defendant and prosecutor, who gives the evidence relevant to the court. The judge may not base his verdict on any outside influence, that has no relevance to either party.
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Chapter 3 - Laws for Civil Procedures.
1) Principle of Negotiation.
During a civil case, the judge has to sit back and judge the evidence given. It is not the judges duty to find the truth. Only to judge the evidence.
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2) Principle of uncertainty.
During a civilcourt, if the judge finds the plaintiffs claim more probable than 50%, then he shall judge to the plaintiffs side. If he finds the sides equal or less than 50%, it goes to the defendant.