Monday, February 25, 2019

Sub Section 8.3: Criminal Trial

In prevention of

1. Juries manipulated or emotionally compromised, due to not professionally qualified.
2. Judges not acting appropriately as a professional, due to prejudice or corruption or other reason

The constitution, implement the following

(A)  
The trial on indictment of any criminal offence is co-trial by a judge and a panel of a twelve juries, within the initial trial and initial trial after a successful appeal, such trial is led by the judge and whenever the judge and the juries of gives a different verdict, the case is retrial, by a different judge and different juries, but if the judge and the juries gives the same verdict, the verdict stand, unless successfully appealed, the juries make their verdict first, after the juries announced their verdict to the court and the judge, the judge make his verdict. The verdict of such trial should be guilty, not guilty or inconclusive. Thus, even if there is a fifty percent chance for the jury not to act appropriately and a fifty percent chance for the judge not to act appropriately, chances for both the judge and jury not to act appropriately is only twenty five percent.

(B)
Before each appeal, there can be up to eleven retrials, after the initial trial and initial trial after a successful appeal, but should have no more than eleven of such retrials, before each appeal. The first ten of such eleven retrial is co-trial by a judge and a panel of twelve juries, such trial is led by the judge and whenever the judge and the juries gives a different verdict, the case should be retrial, but if the judge and the juries gives the same verdict, the verdict should stand, unless successfully appealed. The juries should make their verdict first, after the juries announced their verdict to the court and the judge, the judge should make his verdict. The verdict of such retrial should be guilty, not guilty or inconclusive.

(C)
The final retrial of such eleven retrial is conducted by the Republic High Court, it is trial by a panel of five judges, the five judges should elect one of the five judges to lead the trial, such elected judge, lead the trial. The verdict should be guilty, not guilty or inconclusive.

(D)
With the exception of Officials and General Personnel of the Armed Forces of the Republic 

1.     Such initial trial, initial trial after a successful appeal and such first eight retrials is held by the judicatory branch of the Senior District or State where the offense was committed and if the offence was not committed within any District or State the trial is held by the Republic High Court. 

2.     Such ninth, tenth and eleventh retrial is held by the Republic High Court.

(E)
If the person been charged with the criminal offense is a member of the Armed Forces of the Republic

1.     Such initial trial, initial trial after a successful appeal and such first eight retrials is held by the military court. 

2.     Such ninth, tenth and eleventh retrial is held by the Republic High Court.

(G)
With the exception of serving member of the Republic Armed Forces, no person should be trial by the Military Court.

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