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 Statute of the Court of appeal of the Provinces of the Italic Language

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PostSubject: Statute of the Court of appeal of the Provinces of the Italic Language    Mon Jul 14 2014, 12:07

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The Statute of the Court of appeal of the Provinces of the Italic Language (CAPI)


Foreword

The Court of appeal of the provinces of the italic Language stands as guarantor of Justice and proper application of the Imperial and provincial laws, and rules contained in this Statute in every domain of Italic S.R.I.N.G.
Every free man is equal before the CAPI.


Section I-of the location and area of expertise

Art.1-The Court of appeal of the provinces of the italic Language, courtesy of His Imperial Majesty Ludwig von Frayner, is based at the castle of Bologne.

Art.2-The powers of the Court of appeal extending throughout the territory of the Italian Provinces of S.R.I.N.G., so to be composed:


-Duchy of Milan
-Duchy of Modena
-Republic of Florence
-Republic of Genoa
-Republic of Siena


Section II-of the ranks and purposes

Art.1-The CAPI is composed of a President, a Vice President, by the judges, Prosecutors and one or more Registrars. Their skills are described in detail in section IV.

Art.2-The Court of appeal has power of decision in all instances filed against the Provincial Court verdicts, and claims for denial of Justice upon. It also provides legal consultation.
the Court of appeal can appeal those Provincial Courts, through the Prince of the province in question, which are declared in the case of partial process, a ruling to be issued at their place or to verify a sentence that has yet to be delivered. A ruling handed down by the Court of appeal shall be taken by the judge of the provincial court and uttered in reference to the decision taken by the Court of appeal. As expressed in Art. 2-Paragraph III, we cannot appeal against this verdict.
The mode of action of the Court of appeal are described in paragraph VI.

Art.3-The Court of appeal is responsible for legal disputes between the provinces mentioned in paragraph I-article 2.

Art.4-The Court of appeal do not have jurisdiction over legal disputes concerning the aristocracy and Church .


Paragraph III of the General regulations

Art.1-The Court of appeals has arbitral functions. It, through the President, to mediate between the parties concerned, to avoid opening a process, especially for disputes between two provinces.

Art.2-Verdicts and decisions of the Court of appeal apply equally to all courts of the provinces listed in paragraph I and are final.
If a person is not satisfied by the verdict, he can ask only to the Emperor to personally take care of the matter. The Emperor is free to accept whether or not to hear the case or confirm CAPI's judgment.

Art.3-The Court of appeal may amend or revoke any verdict of Provincial Courts on which was submitted regular and formal appeal request.

Art.4-The decisions of the Court of appeal are valid starting from their pronunciation.

Art.5-The only language permitted in the processes is italian. Those who had problems with that language may contact the Registrar who will try to offer assistance to anyone who is not able to express themselves in that language.

Art.6-The processes of the Court of appeal, if conducted in private places, release parties, and any witnesses, from any obligation of confidentiality regarding political, military, intelligence and diplomatic officials referred to the case in question. The parties and any witnesses, may not be processed by any province of the Empire if, during a process carried out in places reserved, provide confidential information.

Paragraph IV- staff

Art.1-The hierarchy within the Court of appeal of the provinces of the Italian Language is as follows:

-Emperor
-President
-Vice President
-Judges
-Prosecutors
-Clerks


Art.2-The Emperor of the Holy Roman Empire Germanic Nations (SRING), as head of the Court of appeal of the provinces of the italic Language, has absolute power on this institution. He has, therefore, the right to pardon any prosecuted person.

Art.3-The President of the Court of appeal is appointed and confirmed by the Emperor. The choice of the Emperor is based only on the merit. Remains in Office for three months but the term of Office may be extended indefinitely.
the Court of appeal Directs, is responsible for organizational procedures for the assignment of judges and prosecutors, the assessment of the appeals, and subjects relating to the process or judgment.It also Decides on complaints
for denial of Justice upon. After hearing both sides, the President shall decide whether the Prosecutor of its province is obliged to open a process in court.
also has the right to appoint the Vice President to decide on the recruitment of new staff and the opening of the trials.
If he appeals against a decision of a Provincial Court of the above, it is for the Emperor to appoint the head of the legal proceedings or, Alternatively, may preside himself.

Art.4-The Vice-President is appointed by the President from among all the members of the Court of appeal. Assists the President in his regular duties and, in case of absence, replaces assuming full powers. It is compatible with the exercise of the Vice-presidency with a contemporary use in the Court of appeal.

Art.5-The judges of the Court of appeal must have presided over a Court of any Province unless contraindications, for a minimum time is the lifetime of a Council mandate.
Have the task of chairing the processes assigned to them and, at the end of the same, based on the evidence presented, the Charter of judges, Provincial and imperial laws, issuing the verdict.
when they are given a proceeding, if they knew the defendant personally, are obliged to inform the President, to replace prior to commencement of proceedings.

Art.6-Prosecutors have the task of representing the accused during the appeal process.

Art.7-Chancellors are responsible to maintain records of judicial, depositing and the outcome of any appeal, and to forward to the parties the process of appeal judges ' requests, and all information relating to the appeal.
also Have the burden of providing assistance to those who are not handy with Italic idiom.

Art.8-The mandate of each component of the HEADS lasts two months, however, the President further validate faculty appointment.

Art.9-Premature withdrawal a member of HEADS is possible with the resignation of resignation or decided by the President. The motions of no confidence in respect of a member may be submitted to the President who shall inform the Emperor of his decision. The final decision is up to the Emperor.

Art.10-Is not compatible the Regency with a contemporary use in the Court of appeal. In this case, the person concerned must immediately decide which leave office, otherwise an exception will be instantly removed from the Court of appeal.

Art.11-The roles of judge and Prosecutor should be covered in the most homogeneous possible with staff from all provinces listed in paragraph I-Art. 2. The President must ensure the presence of at least one representative for each province.


Section V-of the autonomy of Office and oath of judge contract

Art.1-Each Member of the Court of appeal must be completely independent in his actions, in particular should not be subject to submission in the context of their work. Therefore cannot be involved in legal proceedings of a certain importance for the province in which they live or to which I am particularly attached.


Art.2-All people working at the Court of appeal must maintain silence about all the arguments and facts of which they become aware by reason of their work to the Court of appeal, unless their work does not require the publication of such information. The violation of this rule will constitute treason and will be punished.

Art.3-President, judges and Prosecutors of the Court of appeal must pronounce the oath of office (annex 1). Judges and Prosecutors must also sign the contract of judge (annex 2). These obligations must be fulfilled no later than seven days from the date of appointment.

Paragraph VI-trial procedures

Art.1-An appeal may be brought by the defendant, the victim of the offence or by the province or judged by the public prosecutor's Office within one week of pronunciation of the judgment. In case of difficulty you can have full-blown appeal after expiry of the term.
requests for appeal must be submitted in the appropriate section of Bologne Castle following the form. In case there is an obligation to maintain secrecy, the request for appeal must be sent directly to the President of the Court of appeal.

Art.2-An appeal, as well as the original process object, must be fixed by the corresponding provincial court. It should contain the process with all the representations and any witnesses, as well as the evidence and the verdict. An appeal can be accepted if the proposer has made use of its right to speak during the first instance or before the Court shows that has not had the opportunity to do so. The appeal must contain a valid reason explaining why the decision of the provincial court is incorrect. The facts and evidence in support of this argument must be indicated. People involved in the process — witnesses, translators and lawyers must be appointed. Permission to appeal by a person is taken into account only if the appellant and the respondent are alive.

Art.3-It is not possible to resubmit an appeal or a complaint for denial of Justice upon already examined and judged by the Court of appeal.

Art.4-In case of legal disputes in between two provinces, it is the responsibility of the corresponding Provinces determine who represents to the Court of appeal.

Art.5-After the acceptance of the appeal, the President appoints the judge appointed to preside over the trial. Her requests to be fulfilled. Any repeated violations to this rule will be pursued in the relevant Province as ' disturbing public order '.

Art.6-The appeals process can really be done only with the permission of the defendant.

Art.7-The hearing begins with the opening of the process by the Registrar in an appropriate Chamber of the Court of appeal. It ends with the verdict, with a decisive decision by the Court or the withdrawal of the appeal by who has proposed, as well as with the death of the accused.
The hearing will follow the following procedure:
1. Opening Statement of the process by the Registrar with the name of the judge presiding over the trial, of the representative of the prosecution and defense, and any witnesses of the parties appealed;
2. the entrance of the Court;
3. First speech of the prosecution with any questions of the judge;
4. First defence appeal with any questions of the judge;
5. Any testimony with any questions by the judge, or of the representative of the prosecution and defence, which shall be immediately communicated to the judge who will decide later what questions will be allowed;
6. Final Appeal the charge with any questions of the judge;
7. Speech defence with any final questions of the judge;
8. Withdrawal of the Court for the formulation of the verdict;
9. Issuing the verdict.
The parties and the witnesses have two days time from the call to give.

Art.8-The Provincial Judge shall not be questioned on the reasons for judgment which he delivered, because the reasons are contained therein. Can only provide information about organizational issues. At the same time the Provincial Judge can never be sentenced to compensate the defendant for a misjudgment.


Paragraph VII-final comments

Art.1-Any violation of the following Constitution of the Provinces listed in paragraph I-article 2 is considered treason against the Empire. A report to that effect should be addressed to the Imperial Ministry of Justice.

Art.2-Changes to this Statute may be decided by the emperor or Imperial Minister of Justice, on behalf of the Emperor, heard as a precautionary measure the opinion of the President of the Court of appeal. The Regents are allowed to make amendments in the House of the Imperial Diet principles.
Quote :
Annex 1, oath of Office:

President:

I hereby swear that I will carry out my job as Chairman of the CAPI with impartiality and the second conscience, that I will stick to the laws of the Empire and its provinces and I will endeavor to promote and protect a reasoned legal system. I promise to lead the CAPI according to the best knowledge and conscience to all assistants, as well as to ensure the quality and objectivity of processes and protecting and improving its reputation.


Judge:

I hereby swear that I will carry out my work as CAPI judge impartially and conscientiously, and that I will stick to the laws of the Empire and its provinces and I will endeavor to promote and protect a reasoned legal system. I am committed to ensuring the quality and objectivity of the process and to protect and enhance the reputation of CAPI.


Attorney:

I hereby swear that I will carry out my work as Prosecutor of CAPI with righteousness and the second conscience, that I will stick to the laws of the Empire and its provinces and I will endeavor to promote and protect a reasoned legal system. I am committed to ensuring the quality and objectivity of the process and to protect and enhance the reputation of CAPI.
Quote :
Annex 2, judge's contract:

I. .., aware of the importance and solemnity of the Act that I do and which I assume, I pledge:

-To carry out my role within the CAPI in liberty and independence of judgment and behavior, shunning from any debt;
-To pursue the defence of Justice, the protection of the innocent and the fight against abuses of power, which will inspire with constant dedication and legal responsibility, social and cultural, all my professional Act;
-Judging each defendant with equal care and diligence, apart from race, religion, nationality, social status and political ideology;
-Not to perform acts which cause ever deliberately a false verdict;
-To abstain from any personal involvement;
-To promote the legal alliance between the parties based on mutual trust and respect and information sharing principles inspired by the law;
-To put my knowledge in disposal of CAPI;
-To my professional reputation exclusively to my knowledge and my skills;
-To avoid, even outside the professional exercise, all acts and conduct that may harm the decorum and dignity of the profession;
-To meet colleagues in case of contrast of opinions;
-To emergency assistance to those in need and to get in case of need available to the competent authorities;
-To observe professional secrecy and to protect the confidentiality of what I learn in the exercise of my profession or by reason of my State;
-To lend, science and conscience, my work with diligence, skill and prudence and equity.
Aware of my commitment, guarantee full consciousness that my every violation of this contract will be seen as Treason to the CAPI and the Empire and therefore punished.

Sealed in the Imperial Palace, in Strasbourg, Friday, the 27th of September, 1461.



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