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| [[File:Montecara-courts.png|800px|thumb|A schematic diagram of the Montecaran court system]]
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| The '''judiciary of Montecara''' comprises a system of politically independent courts overseen by professional judges. It is divided into three streams: {{wp|Private law|civil (private) law}}, {{wp|Criminal law|criminal (public) law}}, and {{wp|administrative law}}.
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| Montecara is a {{wp|Civil law (legal system)|civil law}} jurisdiction.
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| == Foundational concepts ==
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| === Sources of law ===
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| The ultimate source of law is the [[Constitution of Montecara]], which itself is limited in its scope only by applicable {{wp|international law}}. The laws promulgated under the authority of the constitution by the [[Senate (Montecara)|Senate]] and [[Popular Assembly]] in the form of {{wp|Primary and secondary legislation|primary legislation}} are next in the hierarchy; these laws are generally collected into five law codes, namely the Civil Code, Penal Code, Mercantile Code, Code of Civil Procedure, and Code of Criminal Procedure. Subordinate to these laws are the {{wp|Primary and secondary legislation|secondary legislation}} which falls under the purview of {{wp|administrative law}}, consisting mostly of rules made by executive bodies under the authority of their delegated powers. Lowest in the hierarchy are various minor administrative acts such as {{wp|Decree|decrees}}, orders, and {{wp|Memorandum|memoranda}} issued by state officials. Instruments not carrying the {{wp|force of law}} include {{wp|Proclamation|proclamations}} and {{wp|Resolution (law)|resolutions}} issued by the Senate or [[Colegio]].
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| === Legal proceedings ===
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| Montecara does not employ {{wp|juries}}, but it does make use of {{wp|lay judges}} in limited circumstances, namely on the Court of Assize and Labor Court. Lay judges are members of the public without formal legal training who are called by {{wp|sortition}} and serve for a limited duration on a part-time basis. Their use is designed to ensure that there is a representative diversity of opinion in appropriate legal matters and that the legal system retains an element of democratic self-rule in keeping with the [[Constitution of Montecara|Montecaran constitution]]. Lay judges are required to be [[Montecaran nationality law|Montecaran citizens]] at least 20 years old who have not been convicted of a serious offense, who are not on active service in the [[Military of Montecara|military]] or police forces, who are not lawyers, notaries, or judges, and who are of healthy mind, good character, and sound judgment.
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| The duty of the judges at trial is to act as finders of fact. They are empowered to investigate, ask questions, call witnesses, examine evidence, and order the production of documents in the course of their work. In situations where lay judges are employed, only the professional judge speaks in the courtroom; lay judges communicate with him or her in writing or in private side conversations that are off the record. In trials with multiple judges, the entire panel must agree that the facts of a crime have been established and that the accused is therefore guilty.
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| There is a general right of appeal in Montecara. Appeals must usually be made within three months of a court's decision.
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| === Criminal procedure ===
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| Domestic law enforcement agencies—most commonly the [[Dragòni]]—have plenary authority to make arrests for any violation of the Montecaran criminal code. For many petty offenses, officers will choose to write a summons ''(çitaxòn)'' rather than make a physical arrest, usually requiring the suspect to appear in court at a future date or, in very minor cases, the option to simply pay a fine without the need to appear in court at all. This approach is also standard for minor contraventions of administrative law such as parking violations or improper disposal of household garbage.
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| If officers decide to make an arrest, however, they must inform the accused of that fact and the section or sections of the penal code they have been suspected of violating. The suspect is taken to a temporary holding cell, usually located in a police station or, in certain cases, at [[Molàro prison]] or in a court building. Suspects have the right to appear before a judge or magistrate within 12 working hours of detention, at which point an advocate for the state will present the reasons for the arrest to the presiding judge, who then must decide whether there is a compelling reason to keep the suspect in detention. There is a general right to go free before trial in Montecara and pre-trial detention is legally an exception to the rule; the relevant portion of the [[Constitution of Montecara]] reads:
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| <blockquote>
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| Those accused have the right to their liberty before their case is decided unless it is necessary, for reasons of public safety or the proper administration of justice, to detain them, in which case a judicial order must be issued by the designated judge giving the reasons for the detention. ''(Ch. II, t. I)''
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| </blockquote>
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| Nevertheless, it is far more common than not for suspects accused of serious offenses to be held in detention before and during trial. Detained suspects have the right to unsupervised communication with their lawyer, spouse, and consular representative if a citizen of a foreign state, and must be held separately from convicted offenders.
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| The state has a general legal obligation to prosecute anyone accused of a crime; there is no selective enforcement of the laws as sometimes occurs under {{wp|common law}} systems, where lawyers for the state will decline to go forward with judicial proceedings. Nor is there a formal "pleading" phase; while it is possible for a trial to be discharged by a judge if a confession is made in open court, the presumption is that all cases are fully prosecuted and tried unless exceptional circumstances intervene.
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| There is a {{wp|right to counsel}} in criminal matters. The state provides counsel for those who cannot afford representation, with support on a sliding scale based on income. Those at the low end of the scale are provided a lawyer free of charge. There are no "public defenders" as such in the sense that no one is directly employed by the state solely to advocate for indigent clients. Rather, all practicing criminal lawyers in the country are expected to provide occasional {{wp|legal aid}} service in this manner when called upon, and a number of legal aid organizations exist with the mission of providing assistance to defendants in need.
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| The Montecaran penal system makes extensive use of {{wp|house arrest}}, {{wp|probation}}, and {{wp|suspended sentence|suspended sentences}} in place of incarceration. It is also common for custodial sentences to be served part-time, such as at night or on weekends. These measures are intended to promote rehabilitation and allow convicts to maintain a relatively normal life, which the state acknowledges often includes caring for family members and staying employed, both of which are considered to have salutary effects on society as a whole. It is also quite common for sentences to include the payment of restitution to the victims of one's crimes, a nod toward {{wp|restorative justice}} rather than mere vengeance.
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| The {{wp|age of criminal responsibility}} has several tiers:
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| * Younger than 9 years: no criminal responsibility
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| * 9 to 12 years of age: liable for serious offenses ''(crimà)'' only, and if found guilty will be confined to a residential education program staffed by social workers rather than guards.
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| * 13 to 15 years of age: age must be considered a mitigating circumstance. Courts must consider alternatives to incarceration and those convicted cannot be held with adult prisoners while a minor.
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| * 16 to 18 years of age: age must be considered a mitigating circumstance. Maximum 20 years' imprisonment, and cannot be held with adult prisoners while a minor.
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| Defendants aged 19 to 20, while criminally responsible, may have their age considered a mitigating circumstance by the court when determining criminal intent and during sentencing.
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| == Civil law courts ==
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| === Common Court ===
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| The Common Court (''Tribunàl comùn'') is the court of first instance for general civil matters. Cases are decided by a single professional judge.
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| === Procuratorate ===
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| The Procuratorate (''Procuratòria'') is the court of first instance in cases regarding wills, trusts, estates, family law, guardianship and administration, and bankruptcies. The judges, called procurators (''procuratòri''), interpret the law in accordance with {{wp|Maxims of equity|principles}} arising from natural law notions of equity and justice, and so are able to offer more flexibility than those in other courts. They are able to appoint guardians, executors, and administrators to see that their decisions are complied with. Most cases are heard by a single procurator, but complex cases (for instance those dealing with large estates) may be heard and decided by a panel of three.
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| === Labor Court ===
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| The Labor Tribunal (''Tribunàl lavoràl'') sits in panels consisting of one {{wp|trade union}} representative, one representative of an employers' organization, and one lay representative of the Montecaran state, usually an employee of the [[Secretariat of Social Protection]]. It is empowered to hear disputes between workers and their employers regarding collective bargaining agreements, labor contracts, workers' rights, and wages and benefits where they do not touch on criminal law.
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| === Mercantile Court ===
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| The Mercantile Court (''Tribunàl mercantìl'') is a specialized court that deals with the specialized sub-fields of {{wp|corporate law|corporate}} and {{wp|Admiralty law|maritime law}}, including {{wp|intellectual property}} and {{wp|Financial law|financial law}}. It is one of the busiest in the Montecaran court system as it has jurisdiction over domestic corporations, of which there are many thousands due to Montecara's lack of a requirement for physical presence and tax incentives for incorporation. Montecara is also a popular {{wp|flag of convenience}}, and the court similarly has jurisdiction over all such ships. It is known for the expertise of its members, most of whom are drawn from the specialty graduate law program at the [[University of Montecara]]. Cases are usually heard by a three-judge panel at the first instance and appealed to a new seven-judge panel if necessary.
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| In addition to its judicial functions, the Mercantile Court ceremonially "tries" all Montecaran [[Montecaran libra|coinage]] every year to ensure its purity and see that the coins are the proper weight. This trial, purely symbolic in modern times, was once practical given the importance of coinage to trade.
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| === Court of Civil Appeal ===
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| The Court of Civil Appeal (''Tribunàl di ricòrso civìl'') is the court of cassation for civil matters. It has the power to quash decisions of lower courts on the basis of non-conformity with Montecaran or relevant international law.
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| == Criminal law courts ==
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| [[File:Artgate Fondazione Cariplo - Canova Antonio, Allegoria della Giustizia.jpg|300px|thumb|right|''Allegory of the Republic as Justice'', Palaço Novo, 1790]]
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| === Magistrature ===
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| The Magistrature (''Pretùra'') is the court of first instance for minor criminal matters and juvenile cases. Judges, called {{wp|Praetor|praetors}} (''preturà''), can impose penalties of up to six months' detention and a maximum fine of Ł25,000. Cases are heard by a single judge.
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| === Court of Assize ===
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| The Court of Assize (''Tribunàl d'Assìs'') is the court of first instance for serious criminal matters (''crimà''), which are subject to unlimited fines and imprisonment. Cases are heard by a panel consisting of one professional judge and four lay judges, with final sentencing determined by the professional judge alone.
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| === Court of Criminal Appeal ===
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| The Court of Criminal Appeal (''Tribunàl di ricòrso penàl'') is the court of cassation for criminal matters. It has the power to quash decisions of lower courts on the basis of non-conformity with Montecaran or relevant international law.
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| == Administrative courts ==
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| === Administrative Court ===
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| The Administrative Court (''Tribunàl aministratìva'') is a consolidated court for hearing complaints made by state organs. It was created as part of the judicial reorganization plan approved by the [[Popular Assembly]] in [[Popular_Assembly#2021_September|September 2021]] and began operation on 1 February 2022. It replaced dozens of quasi-judicial tribunals which were part of executive agencies and staffed by bureaucrats rather than professional judges. The Administrative Tribunal issues decisions on a wide variety of matters, including traffic regulations, sanitation and the environment, zoning and historic preservation, business licensure, and many other aspects of administrative law.
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| === Immigration Court ===
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| The Immigration Court (''Tribunàl migratòria'') is the administrative court dedicated to adjudicating immigration matters. Like the Administrative Tribunal, it was created as part of the judicial reorganization plan approved by the [[Popular Assembly]] in [[Popular_Assembly#2021_September|September 2021]] and began operation on 1 February 2022. Because a large portion of the administrative caseload in the Montecaran court system is immigration-related, the decision was made to form a dedicated tribunal to replace the prior system of quasi-judicial executive agency boards.
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| === Court of Audit ===
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| The Court of Audit (''Tribunàl dei conti'') is a specialized administrative court that serves as Montecara's {{wp|Supreme audit institution|supreme audit institution}} and also hears monetary claims against the Montecaran state. As such, the state is the respondent in all of its hearings. Petitioners can seek injunctive relief as well as monetary damages and awards. It has both original and appellate jurisdiction as cases may be appealed from a single judge to a review panel.
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| === Court of Administrative Appeal ===
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| The Court of Administrative Appeal (''Tribunàl di ricòrso aministratìvo'') is the appeals-level court for cases arising from the Administrative and Immigration Tribunals. It usually hears cases in panels of three judges, but may constitute larger tribunals at its discretion where additional expertise is needed.
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| == Constitutional Court ==
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| The Constitutional Court (''Tribunàl costituxonà'') is the {{wp|court of last resort}} for all matters under Montecaran law. It has no original jurisdiction, instead hearing cases on appeal from the appeals divisions of the Mercantile Court and Court of Audit as well as from the Court of Civil Appeal, Court of Criminal Appeal, and Court of Administrative Appeal.
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| == Military justice ==
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| Military justice in Montecara is concerned only with offenses of a solely military character; criminal offenses committed by members of the military are heard by ordinary criminal courts. Members of the military who commit offenses against regulations are generally disciplined by their commissioned or non-commissioned officers by oral or written reprimand, forfeiture of pay, extra duty, or revocation of privileges. Servicemembers have the right to appeal these measures to a court-martial. Courts-martial are convened by a panel consisting of at least one commissioned officer who is also a qualified lawyer and two other commissioned officers serving as lay judges. Courts-martial have the power to sentence servicemembers to confinement only during wartime or foreign deployment.
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| Appeals from courts-martial are heard by the [[Colegio|Secretary of Defense and Security]], who has the authority to either decide the appeal on his own or to refer the case to a panel of superior officers for consideration.
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| {{Template:Montecara topics}}
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| [[Category:Montecara]]
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| [[Category:Law]]
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