court laws

The Act on the organization of the judicial power, Supreme Tribunal of State Affairs, Supreme Administrative Court and Tribunal of Cassation

Chapter I. General provisions

Article 1.
1.	This Act regulates the matters of organization of the judicial power, its functioning and scope, regulates the jurisdiction of the courts, their structure, the status of judges and juries.
2.	This Act also shall establish and regulate the organization of Supreme Tribunal of State Affairs, Supreme Administrative Court and Tribunal of Cassation.

Article 2.
All the justice emanates from the Emperor and is administered in his name by such judges as he shall appoint.

Article 3.
The Emperor can grant clemency and commute sentences.

Article 4.
All the judges appointed by the Emperor are irremovable from their posts, unless they are lawfully sentenced for committing a crime.

Article 5.
All are equal before the law. Everyone is entitled to the same degree of legal protection. Everyone has the right to a fair and public hearing of his case, without undue delay, before a competent, impartial and independent court.

Article 6.
Proceedings of courts in civil matters and hearings in criminal matters is public, in conformity with the law.

Article 7.
1.	Everyone is considered to be innocent, unless lawfully sentenced by the court.
2.	Everyone has right to defence. Everyone may appoint such a counsel as it pleases them, or may request the public defender.

Chapter II. The ordinary courts

Article 8.
The organization of the system of ordinary courts realizes the principle of two stages.

Article 9.
The civil cases in which the amount in dispute does not exceed three hundreds of nomisimas and criminal cases in which the maximum of penalty does not exceed three years of detention are heard by Courts of Common Pleas as courts of the first instance.


Article 10.
1.	The civil cases in which the amount in dispute exceeds three hundreds of nomisimas and criminal cases in which the maximal penalty is bigger than three years of detention are heard by District Courts as courts of the first instance.
2.	The appeals from the rulings of Courts of Common Pleas are heard by the District Courts.

Article 11.
The appeals from the rulings of the district courts are heard by the Courts of Appeals.

Article 12.
Each party has the right to appeal against judgments and decisions made at first stage. Exceptions to this principle and the procedure for such appeals shall be specified by the law.

Chapter III. The Tribunal of Cassation

Article 13.
The Tribunal of Cassation is the supreme stage for civil and criminal cases.

Article 14.
1.	The cassation complaint in civil cases is an extraordinary mean of appeal. The Tribunal of Cassation is not obliged to hear all the cassation complaints.
2.	The cassation in criminal cases is an extraordinary mean of appeal. The Tribunal of Cassation is not obliged to hear all the cassations.

Article 15.
The Tribunal of Cassation is led by the First Chairman of the Tribunal of Cassation, who is also the Chairman of the Civil Chamber.


Article 16.
The Tribunal of Cassation consists of Chambers. Each Chamber has fifteen judges, appointed by the Emperor for the term of nine years. The Tribunal of Cassation consists of the following Chambers:
1.	The Civil Chamber.
2.	The Criminal Chamber.
3.	The Military Chamber.
4.	The Labor, Trade and Insurance Chamber.

Article 17.
1.	Each of the judges of the Tribunal of Cassation shall enjoy outstanding esteem amid the jurisprudence and adhere to the highest moral standards.
2.	The more specific requirements that a judge of Tribunal of Cassation has to fulfill shall be regulated by the regulation issued by the Minister of Justice in the conformity with law.

Chapter IV. The Supreme Tribunal of State Affairs

Article 18.
The Supreme Tribunal of State Affairs is the court of constitutional responsibility for the Imperial Ministers, President of Ministers and other highest-tier officials of the Imperial Administration.

Article 19.
The First Chairman of the Tribunal of Cassation is ex officio the Chairman of the Supreme Tribunal of State Affairs.

Article 20.
The Supreme Tribunal of State Affairs consists of fifteen judges appointed by the Emperor for a term of seven years. They all have to fulfill the requirements for becoming a judge of the Tribunal of Cassation.

Article 21.
1.	The bill of indictment may be enacted by the Imperial Diet and accepted by the Crown Counsel by the majority of two thirds.
2.	In the bill of indictment following elements must be included:
1)	Personal data of the accused.
2)	State function carried out by the accused.
3)	Constitutional charge with its justification.
4)	Indication of two members of the Estates-General appointed to the post of Constitutional Prosecutors.

Article 22.
The Supreme Tribunal of State Affairs, shall it find the accused guilty of charges against him, may sentence the culprit, apart from the regular criminal penalty, to:
1.	Deprivation of public honors, orders, awards, titles and all privileges connected with them.
2.	Deprivation of voting rights from one year to lifetime.
3.	Prohibition of execution of any public office from one year to lifetime.

Article 23.
The Supreme Tribunal of State Affairs is entitled to settle the conflicts of jurisdiction between the constitutional organs of public authorities. The resolution of the dispute is delivered by the Tribunal in a form of a judgment.

 Chapter V. The Supreme Administrative Court

Article 24.
The Imperial Administration acts on the basis of and within the limits of law.

Article 25.
The Supreme Administrative Court examines the compatibility of administrative decisions with the procedure established by the law.

Article 26.
1.	The Supreme Administrative Court consists of seventeen judges appointed by the Emperor for the terms of nine years.
2.	The Supreme Administrative Court is chaired by the President of the Supreme Administrative Court appointed by the Emperor from the jury.

Article 27.
Every subject of the Emperor may appeal against the final decision delivered by the organ of state authorities to the Supreme Administrative Court. The Supreme Administrative Court does not have to hear all the appeals.

Article 28.
In case of serious violation of the procedural norms proved by the judgment of the Supreme Administrative Court, the appealed administrative decision is abrogated and the case is returned to the competent authority for reconsideration.

Chapter VI. Transitional and introductory provisions

Article 29.
Cases that have been initiated under the previously applicable rules, which are in progress at the time of entry into force of this Act, shall be resolved under the laws at the commencement of the case.

Article 30.
Cases that will be initiated after the promulgation yet before the entry into force of this Act shall be resolved under the rules provided by a regulation issued by the Minister of Justice.

Article 31.
All legislation contrary to the provisions included in this Act is abrogated with the day of entry of this Act into force.

Article 32.
This Act enters into force after eighteen months since its promulgation.

Signed:
Demetrios