Judiciary and Judicial Procedure
From The Kodiak Republic Wiki
Section 1 - Federal Courts
- 1.1 - Establishes the Federal Court of Appeals[1].
- 1.1.1 - The Federal Court of Appeals shall consist of eleven (11) appellate courts to hear appeals throughout the Republic.
- 1.1.2 - Empowers the Federal Court of Appeals to adjudicate cases stemming from appeals of Provincial Trial Courts or Federal District Courts
- 1.1.3 - Each appellate court shall consist of three (3) judges without a jury.
- 1.2 - Establishes the Federal District Court[1].
- 1.2.1 - Each Province shall have at least one (1) Federal District Court to hear cases. Additional Courts shall be established by the Ministry of Justice
- 1.2.2 - Empowers the Federal District Court to try cases involving disputes of the Public Law Code.
- 1.2.3 - Empowers this court with the exclusive right to try Bankruptcy cases.
- 1.2.4 - Shall consist of a federal judge to try the case and Jury to decide the case.
- 1.3 - Establishes the Federal Tax Court[1].
- 1.3.1 - Empowered with exclusive right to try cases involving Kodiak Tax Code disputes.
- 1.3.2 - Shall consist of one (1) judge and no jury.
- 1.4 - Establishes the Special Court for State Crimes[1].
- 1.4.1 - Shall consist of three (3) judges and no jury.
- 1.4.2 - Empowers this court to exclusively try crimes against the government of The Kodiak Republic.
- 1.4.3 - Proceedings are closed to the public.
- 1.5 - Establishes the Courts of Military Tribunal[1].
- 1.5.1 - Empowers the Ministry of Defense to regulate guidelines and policies related to the Uniform Code of Military Justice.
- 1.5.2 - Establishes jurisdiction to all cases that fall within UCMJ or within areas that are directly administered by Military Officials.
- 1.5.3 - Proceedings are closed to the public.
Section 2 - Provincial Courts
- 2.1 - Establishes the Provincial Trail Courts[1].
- 2.1.1 - Shall consist of a judge to try the case and jury to decide the case.
- 2.1.2 - Empowers the court to try civil and criminal cases involving violations of law codes within provincial borders.
- 2.1.3 - Local and provisional elections shall detirmine the selection of judges at the appropriate levels.
- 2.2 - Provinces may further refine Provincial Law systems subordinate to the Ministry of Justice and subject to review by the High Court of the Republic[1].
Section 3 - Republic Terrorism Screening Center (RTSC)
- 3.1 - Creates the Republic Terrorism Screening Center (RTSC) subdorinate to the Ministry of Justice. The RTSC shall be an instrument of the courts to handle legal issues involving charges of terrorism or espionage[2].
- 3.2 - Authorisations:[2]
- 3.2.1 - Authorizes the RTSC to issue warrants for surveillance of individuals suspected of terrorism, espionage and/or treason.
- 3.2.2 - Authorizes the RTSC to issue warrants for surveillance of individuals suspected of collusion or assisting in terrorism, espionage or treason.
- 3.2.3 - Authorizes the RTSC to hear cases related to charges of terrorism, espionage and/or treason.
Section 4 - Special Court of Appeals (SCA)
- 4.1 - Organizes the Special Court of Appeals (SCA) to handle appeals to cases involving terrorism or espionage[2].
Section 5 - Witness Protection
- 5.1 - A witness should be any person who has knowledge of or information on the commission of a crime and has testified or is testifying or is willing to testify. But not all witnesses should be admitted, witnesses for crimes concerning petty offenses, witnesses whose testimony cannot be corroborated in material points, law enforcers[3].
- 5.2 - The Minister of Law and Order may provide for the relocation and other protection of a witness or a potential witness for the official proceeding concerning an organized criminal activity or other serious offense if the Minister of Law and Order determines that an offense involving a crime of violence directed at the witness or the general public[3].
- 5.3 - The Minister of Law and Order shall establish guidelines defining the types of cases for which the exercise of authority would be appropriate[3].
- 5.4 - Local police stations are legally entitled to the use of issuing rewards for valid information, leads, or tips, reviewed by the Ministry of Justice, Law, and Order[3].
- 5.5 - A witness, or potential witness, shall be protected by law from physical, emotional, and mental harm if the danger of said person is at risk, deemed by the Minister of Law and Order. If said person is at risk, the Minister of Law and Order shall:[3]
- 5.5.1 - Provide legal documents to temporarily alter the victim’s identity
- 5.5.2 - Provide transportation for the victim
- 5.5.3 - Provide housing for the victim
- 5.5.4 - Disclose and/or refuse to release the identity and location of said victim