Difference between revisions of "Ministry of Justice"

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Revision as of 14:53, 18 July 2006

The Imperial Ministry of Justice exercises authority over violations of Imperial law, especially when those violations occur on Imperial territory, including withing the extrality boundary of starports. Judges, justices, and the other personnel of the Imperial justice system are part of the Ministry of Justice.

Special agents of the Ministry of Justice travel throughout the Imperium to investigate specifc cases, and to ensure fair and impartial administration of justice. Most of these agents act with the direct authority of the Minister, and a few have limited Imperial Warrants, making them personal representatives of the Emperor.

High nobles, acting as the Minister of Justice, operate the Imperial Courts. This duty may require acting as a judge for some important cases, but usually consists of monitoring the actions of lesser judges and reviewing their decisions.

Imperial Laws

The laws of the Imperium are created in the form of Imperial Edicts. These laws are written by the nobility, either as ministers, as the Moot or from the Emperor. In all cases the the Emperor reviews and signs the Edict. The laws are enforced by the high nobility, the ministries, bureaus, and departments of the Imperium.

Crminal Courts

The criminal court system is what most people think of when the word "court" is mentioned. Criminal courts try almost all violations of Imperial law. Judges are selected by the subsector Dukes. Justices need not be trained in law, they may retain a court legate to advise them in facts of law for a particular case. Important cases require a tribunal of three justices.

Procedure

The criminal court is inquisitorial. A court is convined on the basis of facts presented by a Ministry of Justice investigator. The accused must be informed of all charges at the time of arrest and must be given all the evidence to prepare a defense. The chief investgator presents all evidence, including witness testimony. The accused is allowed to present facts proving their innocent, attempt to refute any evidence, or challenge any witness. After all the evidence is presented, the justice or tribunal retire to consider the evidence and render a vertict. The level of proof required for a criminal conviction is "beyond resonable doubt". The judgement of the court is final and there are no Imperial appeals court.

Punisments

Depending upon the crime, criminal courts may impose fines, imprisonment, banishment, or the death penalty. In important cases, or cases where capital punishment is an option, a separate tribunal is convened to determing the sentence.

Civil Court

The Imperial civil court exists in parallel to the criminal court. Similar to the criminal court, the subsector duke appoints the justices and the system is maintained by Ministry of Justice. The civil courts deal with contract disputes and non-criminal infringment of Imperial law. The Imperial court does not deal with family law (e.g. marriage, child custody, wills, inheritances, etc.), nor with small claims court, leaving that to local institutions.

Procedures

The civil court is adversarial with the two sides presenting evidence before an impartal judge or tribunal. The Justices may call their own witnesses in addition to evidence and witnesses presented by either side. Like criminal verdicts, civil verdicts are final. Penalties imposed are purely monetary and are limited to restitution. Imperial law does not recognise the concept of punitive damages.

Imperial Prisons

The Ministry of Justice also maintains the Imperial Prison system to house convicted criminals. The subsector dukes oversees the prisons and exile camps.

Source: GURPS Traveller: Nobles