Bill
ORGANIC AND TRIAL BY JURY MEMBERS LEGOS
TITLE I
GENERAL PROVISIONS Article 1. PURPOSE. This law aims to establish trial by jury and the trial with lay members in developing the provisions of Articles 172 and 173 of the Constitution of the Province of Chubut [C.Ch.].
Article 2. EFFECT. Since the enactment of the Code of Criminal Procedure of the Province [CPrPenCh] go into effect this Act and since then the criminal cases referred to in Article 3, in the course of Article 4, be tried by jury [71, III, CPrPenCh], and criminal cases referred to in Article 173, C.Ch. be judged with boards made with lay members [71, IV, CPrPenCh].
Article 3. JURISDICTION OF THE COURT OF JURORS. Shall have jurisdiction a jury when the prosecutor's temporary punitive contained in the indictment [Article 291 (7), CPrPenCh] for the offense that the defendant is charged [Article 291 (2), CPrPenCh], and that he attend according to the rules of Articles 54 and 55 of the Penal Code, more than ten years of imprisonment [71, III, CPrPenCh], in the case of Article 5.
The jury only decide on the facts or the facts submitted for deliberation [Articles 336 and 337, CPrPenCh] and its verdict may not only consist in deciding whether the defendant is innocent or guilty of that or those facts [Article 339 CPrPenCh ]. The applicable law and all matters related to it, and the penalty that corresponds to apply the convicted, are the sole determination of continuing professional judge of the judicial organization that runs the debate [Article 336 (1) CPrPenCh].
Section 4. JURISDICTION OF COURT WITH VOCAL LEGOS. Court's jurisdiction will be integrated with voice Lay the malicious prosecution of crimes committed by public officials subject to the Provincial Administration [Article 173, C.Ch., Article 71, IV, CPrPenCh].
The competition will be determined on the basis of the accusation by the prosecutor or the complainant [Articles 291 and 292, CPrPenCh] and the investigating judge will indicate, in order to commence the trial, the court must understand [Article 298 (1), CPrPenCh].
Integration with lay members is indispensable.
The mixed tribunal shall take decisions in accordance with the provisions of Articles 302 and 335, CPrPenCh.
Article 5. OPTION. The defendant or the victim may apply personally or through his counsel, at the preliminary hearing [Article 291, paragraph VIII, CPrPenCh] that the trial is conducted by a tribunal of judges.
If there are multiple defendants, multiple victims or will require the agreement of all of them. TITLE II
CONDITIONS TO BE SWORN
Article 6. RIGHT. Office. Jury duty is a right and a public charge of citizens in a position to provide it. Qualified to be and assumptions that may be excluded only be definitively established in this law.
Section 7. REQUIREMENTS. To be a juror is required:
a) be Argentine, with five years of citizenship in the case of naturalized citizens, and of age;
b) have completed compulsory basic education;
c) Have the full exercise political rights;
d) have known address and occupation, trade, industry, employment or habitual occupation;
e) have immediate residence of not less than four (4) years in the Province;
f) physical fitness and enjoy psychic enough to carry cargo.
Section 8. DISABILITIES. Are disabled to perform as jurors:
a) who do not have enough physical and mental fitness;
b) an undischarged bankrupt;
c) the defendants in criminal proceedings against those who would order for commencement of trial;
d) convicted a prison sentence up to three (3) years after exhaustion of the penalty, and sentenced to special disqualification or holding public office for the duration of the sentence.
Section 9. INCONSISTENCIES. May not perform functions as a juror:
a) the Governor, Lieutenant Governor, mayors and deputy mayor;
b) ministers, secretaries and deputy secretaries of the Executive and equivalent officials of the municipalities;
c) national senators, national MPs and provincial council members and officials of national legislatures, provincial and municipal
d) judicial and judicial officials and prosecutors ;
e) those who occupy positions in a legally recognized political party;
f) lawyers, notaries and solicitors;
g) members of the military and security activity;
h) The ministers of any denomination;
i) the Attorney General, the Auditor General, the Public Prosecutor to other officials of equal rank, the president and members of the Court of Auditors of the province and their counterparts in the municipalities and the Ombudsman and Deputy Ombudsman holder, provincial or municipal.
Article 10 °. Disqualification. May be excused from jury service:
a) those who have served as jurors in the four years preceding the day of his new appointment,
b) those who suffer serious problems because of their dependents;
c) those with relevant work functions or community interest, whose substitution originates in the same major disruptions;
d) those who are residing abroad;
e) successfully proving to be included in the general call of the law or other causes or motives which are serious difficulties emerge to fulfill the role of jurors;
f) over 75 years.
TITLE III TRAINING, ADVERTISING AND NOTICE OF JURY LISTS
Article 11. REGISTER OF JURORS. Before the day (15) for the month of October each year, the Electoral Tribunal of the Province sent to Superior Court of Justice a list of citizens who meet the requirements of article 6 for each of the judicial districts, which not be less than three hundred people, drawn by lot in open court the electorate.
The drawing will be conducted by the President of the Superior Court of Justice to the audience and the secretary who draw up a certificate to be signed by all present. It is attached to the lists to be forwarded to each district in conjunction with the Judicial Office within five (5) days.
The lists will be drawn in alphabetical order, stating the name of each person, identity, address, profession or habitual occupation.
Article 12. REGISTER DISPLAY. Immediately received a delegation of the Judicial Office available to the public for thirty days, the standard jury in his district for the purpose of publicity and proper control.
will be given to newspapers and other media for publication and set at schools and public offices. The deadline for display
expire no later than the day (30) November each year.
Article 13. NOTICE: CONTENT. Through the delegation of the Judicial Office in each judicial district, before the twenty (20) for the month of November each year, notice shall be by ballot and in their homes to each citizen of the respective list, making it known has been appointed to act jury during the next calendar year and may be asked to integrate the courts of that district to be established during this period, they shall, also, the character of public charge and the right to a jury [6], requirements [7 ], incompatibilities [8] disabilities [9] and reasons for disqualification [10] with the full transcript of the articles and sections 19, 23 to 26, 29, 31 and 32.
TITLE IV OF COMMENTS AND COMPLAINTS
Article 14. TIME AND FORM. The comments to the registry for errors materials, claims for breach of any of the requirements by legal citizens built on the payroll or the failure to include those who are in conditions to that effect may be initiated from the beginning of the period of display patterns to five (5) days after maturity [Article 12], with the delegation for the Judicial Office to immediately forward them to the Electoral Tribunal for resolution.
Comments and complaints must be in writing, without other formality than identifying who is done and the foundations.
Article 15. RESOLUTIONS. The Electoral Court's decisions, regarding the inclusion or exclusion of the lists are final, but no removal or correction can be done without following a summons to the person affected to be heard.
Article 16. LISTS SLUDGE. The lists should be refined and made no later than the fifteenth (15) December each year. TITLE V
THE BOOK OF JUDGES
Article 17. REGISTRATION. CONSERVATION. The final list of jurors will be included in a book numbered and signed by the judge or presiding judge, to be called "Book of the Judges", kept in the respective court responsible. TITLE VI
COMPOSITION OF THE JURY
Article 18. SWEEPSTAKES. LIST. The final list of jurors [Article 17], the Judicial Office shall draw by lot in public and in the presence of the parties, a list of jurors comprised of four (24) citizens, to integrate the relevant court and for each trial.
The draw will be implemented using numbered balls that correspond to the name of all juries included in the final list.
Article 19. CITATION OF JURORS. Disobedience. Completed the drawing, the Judicial Office summon jurors appointed to the court hearing the following article. Notification should observe the precautions of Article 13 and they will know the penalties for the case of absence or distortion of the truth.
No person shall be compelled to serve as a juror if she has not been cited with five (5) days in advance, at least, the date of the hearing the following article.
People that are designed to integrate a jury and maliciously refuse to appear at the hearing of debate, will again be notified with a warning to the provisions of Article 239 of the Penal Code of the Nation.
The jury that is designated, if it had no grounds for recusal, must accept the position on pain the provisions of Article 248 of the Penal Code of the Nation, must appear at the hearing the following article.
Article 20. Specific audience. CONSTITUTION. SOLEMN COMMITMENT. Received by the court proceedings determined in order to commence the trial [Article 291 (1) CPrPenCh] and by a final designation of the permanent judge should preside [Article 301, CPrPenCh], it will call the participants and jury to the specific audience referred to Article 303, it was observed CPrPenCh forecasts contained therein.
At that time, shall inhibition recusal and disqualification of the jurors on the same grounds provided for permanent judges of the judicial organization
Resolved incidents, the presiding judge shall be constituted a jury in compliance with the preceding rules relating to disabilities, inconsistencies and requirements.
The judge informed the jury about the nature of the job they were assigned duties and responsibilities of the office and provided penalties for crimes related to such performance. Also be notified of the pay provided by law and shall decide the measures necessary to communicate to the respective employers of the jurors, if any, of its status as such and legal provisions in this regard.
solemn commitment of the jurors be given the opportunity and in accordance with Article 320, CPrPenCh.
Article 21. CHALLENGE: CAUSAL supervening. After the hearing referred to in the preceding article, and even before the debate begins, any person selected as a juror may be challenged by the parties in public and manifest prejudgment or other impediment that would affect their impartiality, not previously known, in forty-eight (48) hours of having knowledge of the circumstances justifying the departure from the jury. Objections dealt
per incident, with transfer other parties for a short term fix common court. Relevant evidence should be provided in conjunction with the filing of the challenge. Exhausted the production of evidence the judge will decide within a maximum and pressing of forty-eight (48) hours and the resolution may be used only for replacement immediately, which will be worth filing as a reserve against the decision of refusal. If this is done
rise to the challenge, the jury will be replaced. To be relevant evidence will be forwarded to the competent prosecutor to investigate his conduct.
No objection shall be admissible once the debate, but the competition some causal survivor bias suggesting some jurors may integrate grievances against the conviction.
The judge, ex officio or upon request, may also suspend the proceedings before the occurrence of a behavior or expression seriously and significantly affecting the impartiality of the jury, in which case, the debate must be done again with new jury summons.
Article 22. SUBSTITUTE. If the nature of the case, number of incidents under investigation or any other circumstance the court considers that the debate may be affected in their development or last more than two (2) days, may call in control appropriate parties, to a greater number of jurors to witness it in full for the event necessary to replace some of the headlines.
TITLE VII OF THE DUTIES, RIGHTS AND IMMUNITY OF JUDGES
Article 23. Duty to disclose. Jurors must notify the court of changes of address and any supervening event that renders them unfit to serve on the judging panel or constitute a ground for recusal or disqualification according to the provisions of this law.
Article 24. SPECIAL ACCOMMODATION. VIATICAL. If circumstances require, ex officio or upon request, the court may require that panel members do not maintain contact with third parties or mass media throughout the course of trial, providing housing in suitable locations and appropriate travel expenses.
Article 25. SALARIES AND COMPENSATION. PRACTICAL RULES. People who perform as jurors will be compensated by the provincial government for a term to last function whose effects were also computed the hearing screening or citations prior to the debate.
Employers should keep their dependents on their charges while they are active as members of the jury and maintain their privileges of employment as if they had served during that period.
transportation costs and meals will be compensated immediately according to the values \u200b\u200band procedures specified by regulation. When appropriate, the court will arrange necessary to provide accommodation for jurors.
The Superior Court of Justice, in conjunction with the Judicial Office will issue the relevant practices and regulations define the scope of what will be paid by way of remuneration and allowances for the effective operation of the Court of juries throughout the province.
Article 26. IMMUNITIES. Since joining the debate, no jury holder or replacement shall be interference in the performance of their duties, or deprived of his liberty, except in case of flagrante delicto or where there was warrant issued by a judge because it was issued against remand. Given these recent cases, the procedure provided for in the case of challenge for cause.
TITLE VIII RULES FOR THE TRIAL
Article 27. POWERS OF THE PERMANENT COURT. The debate will be led by permanent professional judge jury trial that is designated [Article 298 (1) CPrPenCh], who exercise all the powers of management, police and discipline [Sections 301 and 311, CPrPenCh].
Article 28. PRESENTATION OF CASE. DEFENSE. RULES OF DEBATE. After opening the debate [Article 320, paragraph III, CPrPenCh], the judge asked the prosecutor and the complainant to explain their claims and to pinpoint the act or acts for which blame [Article 320, last paragraph, CPrPenCh].
You are then asked to explain his defense counsel [Article 321, CPrPenCh]. Article 336 governs
, CPrPenCh.
Article 29. PROHIBITION. Under no circumstances and under penalty of invalidity of the debate, members of the Jury may find the records of the investigation, except that the court authorize incorporated into the debate [Articles 314 and 323, CPrPenCh], nor may question suspects, witnesses or experts.
Article 30. Action outside the courtroom. If necessary to carry out acts outside the courtroom, it shall provide the means for the attendance of the jury or, if the nature of the act that is not possible, for the filming of the totality of what happened during production, to display later the jurors in the courtroom to continue the public debate.
Article 31. PRESSURE REPORTING. Jury members will be required to report to the court in writing through President, on any kind of pressures, influences or inducements that would have been to cast their vote in a particular direction.
Article 32. RESERVATION OF OPINION. Jurors are required to maintain absolute confidentiality in its opinion and the way they voted. The ballots used for voting will be incinerated immediately after obtaining the verdict, being careful not to take cognizance of them outsiders to the jury.
TITLE IX CONDITIONS TO BE VOCAL LEGO AND
PROVISIONS Article 33. REFERRAL. The provisions contained in Part II [Articles 6 to 10] and all other provisions of this law, consistent with its role, apply to lay members. Article 335 governs
, CPrPenCh. TITLE X
SUPPLEMENTARY AND TRANSITIONAL PROVISIONS Article 34
. PRACTICE RULES. The Superior Court shall issue the other rules of thumb for proper application of the rules of this law.
Article 35. RESOURCES. The bill Provincial Budget shall provide annually, within the jurisdiction for the Judiciary, the resources to meet the costs arising from the enactment of this law.
Article 36. TRAINING. The Ministry of the Interior, Labor and Justice, from the enactment of this law, and without prejudice to the activities of other public authorities with such a purpose, organized in the province, training courses for citizens, to promote knowledge and proper performance of judicial function. The record of attendance at such courses will not be a requirement to exercise the function of the jury, but enough to carry credit eligibility.
Article 37. COMPLEMENT. The provisions of this Act complement the provisions contained in the Code of Criminal Procedure of the Province of trial by jury and vocal laymen.
Article 38. SO. General Law.
ORGANIC AND TRIAL BY JURY MEMBERS LEGOS
TITLE I
GENERAL PROVISIONS Article 1. PURPOSE. This law aims to establish trial by jury and the trial with lay members in developing the provisions of Articles 172 and 173 of the Constitution of the Province of Chubut [C.Ch.].
Article 2. EFFECT. Since the enactment of the Code of Criminal Procedure of the Province [CPrPenCh] go into effect this Act and since then the criminal cases referred to in Article 3, in the course of Article 4, be tried by jury [71, III, CPrPenCh], and criminal cases referred to in Article 173, C.Ch. be judged with boards made with lay members [71, IV, CPrPenCh].
Article 3. JURISDICTION OF THE COURT OF JURORS. Shall have jurisdiction a jury when the prosecutor's temporary punitive contained in the indictment [Article 291 (7), CPrPenCh] for the offense that the defendant is charged [Article 291 (2), CPrPenCh], and that he attend according to the rules of Articles 54 and 55 of the Penal Code, more than ten years of imprisonment [71, III, CPrPenCh], in the case of Article 5.
The jury only decide on the facts or the facts submitted for deliberation [Articles 336 and 337, CPrPenCh] and its verdict may not only consist in deciding whether the defendant is innocent or guilty of that or those facts [Article 339 CPrPenCh ]. The applicable law and all matters related to it, and the penalty that corresponds to apply the convicted, are the sole determination of continuing professional judge of the judicial organization that runs the debate [Article 336 (1) CPrPenCh].
Section 4. JURISDICTION OF COURT WITH VOCAL LEGOS. Court's jurisdiction will be integrated with voice Lay the malicious prosecution of crimes committed by public officials subject to the Provincial Administration [Article 173, C.Ch., Article 71, IV, CPrPenCh].
The competition will be determined on the basis of the accusation by the prosecutor or the complainant [Articles 291 and 292, CPrPenCh] and the investigating judge will indicate, in order to commence the trial, the court must understand [Article 298 (1), CPrPenCh].
Integration with lay members is indispensable.
The mixed tribunal shall take decisions in accordance with the provisions of Articles 302 and 335, CPrPenCh.
Article 5. OPTION. The defendant or the victim may apply personally or through his counsel, at the preliminary hearing [Article 291, paragraph VIII, CPrPenCh] that the trial is conducted by a tribunal of judges.
If there are multiple defendants, multiple victims or will require the agreement of all of them. TITLE II
CONDITIONS TO BE SWORN
Article 6. RIGHT. Office. Jury duty is a right and a public charge of citizens in a position to provide it. Qualified to be and assumptions that may be excluded only be definitively established in this law.
Section 7. REQUIREMENTS. To be a juror is required:
a) be Argentine, with five years of citizenship in the case of naturalized citizens, and of age;
b) have completed compulsory basic education;
c) Have the full exercise political rights;
d) have known address and occupation, trade, industry, employment or habitual occupation;
e) have immediate residence of not less than four (4) years in the Province;
f) physical fitness and enjoy psychic enough to carry cargo.
Section 8. DISABILITIES. Are disabled to perform as jurors:
a) who do not have enough physical and mental fitness;
b) an undischarged bankrupt;
c) the defendants in criminal proceedings against those who would order for commencement of trial;
d) convicted a prison sentence up to three (3) years after exhaustion of the penalty, and sentenced to special disqualification or holding public office for the duration of the sentence.
Section 9. INCONSISTENCIES. May not perform functions as a juror:
a) the Governor, Lieutenant Governor, mayors and deputy mayor;
b) ministers, secretaries and deputy secretaries of the Executive and equivalent officials of the municipalities;
c) national senators, national MPs and provincial council members and officials of national legislatures, provincial and municipal
d) judicial and judicial officials and prosecutors ;
e) those who occupy positions in a legally recognized political party;
f) lawyers, notaries and solicitors;
g) members of the military and security activity;
h) The ministers of any denomination;
i) the Attorney General, the Auditor General, the Public Prosecutor to other officials of equal rank, the president and members of the Court of Auditors of the province and their counterparts in the municipalities and the Ombudsman and Deputy Ombudsman holder, provincial or municipal.
Article 10 °. Disqualification. May be excused from jury service:
a) those who have served as jurors in the four years preceding the day of his new appointment,
b) those who suffer serious problems because of their dependents;
c) those with relevant work functions or community interest, whose substitution originates in the same major disruptions;
d) those who are residing abroad;
e) successfully proving to be included in the general call of the law or other causes or motives which are serious difficulties emerge to fulfill the role of jurors;
f) over 75 years.
TITLE III TRAINING, ADVERTISING AND NOTICE OF JURY LISTS
Article 11. REGISTER OF JURORS. Before the day (15) for the month of October each year, the Electoral Tribunal of the Province sent to Superior Court of Justice a list of citizens who meet the requirements of article 6 for each of the judicial districts, which not be less than three hundred people, drawn by lot in open court the electorate.
The drawing will be conducted by the President of the Superior Court of Justice to the audience and the secretary who draw up a certificate to be signed by all present. It is attached to the lists to be forwarded to each district in conjunction with the Judicial Office within five (5) days.
The lists will be drawn in alphabetical order, stating the name of each person, identity, address, profession or habitual occupation.
Article 12. REGISTER DISPLAY. Immediately received a delegation of the Judicial Office available to the public for thirty days, the standard jury in his district for the purpose of publicity and proper control.
will be given to newspapers and other media for publication and set at schools and public offices. The deadline for display
expire no later than the day (30) November each year.
Article 13. NOTICE: CONTENT. Through the delegation of the Judicial Office in each judicial district, before the twenty (20) for the month of November each year, notice shall be by ballot and in their homes to each citizen of the respective list, making it known has been appointed to act jury during the next calendar year and may be asked to integrate the courts of that district to be established during this period, they shall, also, the character of public charge and the right to a jury [6], requirements [7 ], incompatibilities [8] disabilities [9] and reasons for disqualification [10] with the full transcript of the articles and sections 19, 23 to 26, 29, 31 and 32.
TITLE IV OF COMMENTS AND COMPLAINTS
Article 14. TIME AND FORM. The comments to the registry for errors materials, claims for breach of any of the requirements by legal citizens built on the payroll or the failure to include those who are in conditions to that effect may be initiated from the beginning of the period of display patterns to five (5) days after maturity [Article 12], with the delegation for the Judicial Office to immediately forward them to the Electoral Tribunal for resolution.
Comments and complaints must be in writing, without other formality than identifying who is done and the foundations.
Article 15. RESOLUTIONS. The Electoral Court's decisions, regarding the inclusion or exclusion of the lists are final, but no removal or correction can be done without following a summons to the person affected to be heard.
Article 16. LISTS SLUDGE. The lists should be refined and made no later than the fifteenth (15) December each year. TITLE V
THE BOOK OF JUDGES
Article 17. REGISTRATION. CONSERVATION. The final list of jurors will be included in a book numbered and signed by the judge or presiding judge, to be called "Book of the Judges", kept in the respective court responsible. TITLE VI
COMPOSITION OF THE JURY
Article 18. SWEEPSTAKES. LIST. The final list of jurors [Article 17], the Judicial Office shall draw by lot in public and in the presence of the parties, a list of jurors comprised of four (24) citizens, to integrate the relevant court and for each trial.
The draw will be implemented using numbered balls that correspond to the name of all juries included in the final list.
Article 19. CITATION OF JURORS. Disobedience. Completed the drawing, the Judicial Office summon jurors appointed to the court hearing the following article. Notification should observe the precautions of Article 13 and they will know the penalties for the case of absence or distortion of the truth.
No person shall be compelled to serve as a juror if she has not been cited with five (5) days in advance, at least, the date of the hearing the following article.
People that are designed to integrate a jury and maliciously refuse to appear at the hearing of debate, will again be notified with a warning to the provisions of Article 239 of the Penal Code of the Nation.
The jury that is designated, if it had no grounds for recusal, must accept the position on pain the provisions of Article 248 of the Penal Code of the Nation, must appear at the hearing the following article.
Article 20. Specific audience. CONSTITUTION. SOLEMN COMMITMENT. Received by the court proceedings determined in order to commence the trial [Article 291 (1) CPrPenCh] and by a final designation of the permanent judge should preside [Article 301, CPrPenCh], it will call the participants and jury to the specific audience referred to Article 303, it was observed CPrPenCh forecasts contained therein.
At that time, shall inhibition recusal and disqualification of the jurors on the same grounds provided for permanent judges of the judicial organization
Resolved incidents, the presiding judge shall be constituted a jury in compliance with the preceding rules relating to disabilities, inconsistencies and requirements.
The judge informed the jury about the nature of the job they were assigned duties and responsibilities of the office and provided penalties for crimes related to such performance. Also be notified of the pay provided by law and shall decide the measures necessary to communicate to the respective employers of the jurors, if any, of its status as such and legal provisions in this regard.
solemn commitment of the jurors be given the opportunity and in accordance with Article 320, CPrPenCh.
Article 21. CHALLENGE: CAUSAL supervening. After the hearing referred to in the preceding article, and even before the debate begins, any person selected as a juror may be challenged by the parties in public and manifest prejudgment or other impediment that would affect their impartiality, not previously known, in forty-eight (48) hours of having knowledge of the circumstances justifying the departure from the jury. Objections dealt
per incident, with transfer other parties for a short term fix common court. Relevant evidence should be provided in conjunction with the filing of the challenge. Exhausted the production of evidence the judge will decide within a maximum and pressing of forty-eight (48) hours and the resolution may be used only for replacement immediately, which will be worth filing as a reserve against the decision of refusal. If this is done
rise to the challenge, the jury will be replaced. To be relevant evidence will be forwarded to the competent prosecutor to investigate his conduct.
No objection shall be admissible once the debate, but the competition some causal survivor bias suggesting some jurors may integrate grievances against the conviction.
The judge, ex officio or upon request, may also suspend the proceedings before the occurrence of a behavior or expression seriously and significantly affecting the impartiality of the jury, in which case, the debate must be done again with new jury summons.
Article 22. SUBSTITUTE. If the nature of the case, number of incidents under investigation or any other circumstance the court considers that the debate may be affected in their development or last more than two (2) days, may call in control appropriate parties, to a greater number of jurors to witness it in full for the event necessary to replace some of the headlines.
TITLE VII OF THE DUTIES, RIGHTS AND IMMUNITY OF JUDGES
Article 23. Duty to disclose. Jurors must notify the court of changes of address and any supervening event that renders them unfit to serve on the judging panel or constitute a ground for recusal or disqualification according to the provisions of this law.
Article 24. SPECIAL ACCOMMODATION. VIATICAL. If circumstances require, ex officio or upon request, the court may require that panel members do not maintain contact with third parties or mass media throughout the course of trial, providing housing in suitable locations and appropriate travel expenses.
Article 25. SALARIES AND COMPENSATION. PRACTICAL RULES. People who perform as jurors will be compensated by the provincial government for a term to last function whose effects were also computed the hearing screening or citations prior to the debate.
Employers should keep their dependents on their charges while they are active as members of the jury and maintain their privileges of employment as if they had served during that period.
transportation costs and meals will be compensated immediately according to the values \u200b\u200band procedures specified by regulation. When appropriate, the court will arrange necessary to provide accommodation for jurors.
The Superior Court of Justice, in conjunction with the Judicial Office will issue the relevant practices and regulations define the scope of what will be paid by way of remuneration and allowances for the effective operation of the Court of juries throughout the province.
Article 26. IMMUNITIES. Since joining the debate, no jury holder or replacement shall be interference in the performance of their duties, or deprived of his liberty, except in case of flagrante delicto or where there was warrant issued by a judge because it was issued against remand. Given these recent cases, the procedure provided for in the case of challenge for cause.
TITLE VIII RULES FOR THE TRIAL
Article 27. POWERS OF THE PERMANENT COURT. The debate will be led by permanent professional judge jury trial that is designated [Article 298 (1) CPrPenCh], who exercise all the powers of management, police and discipline [Sections 301 and 311, CPrPenCh].
Article 28. PRESENTATION OF CASE. DEFENSE. RULES OF DEBATE. After opening the debate [Article 320, paragraph III, CPrPenCh], the judge asked the prosecutor and the complainant to explain their claims and to pinpoint the act or acts for which blame [Article 320, last paragraph, CPrPenCh].
You are then asked to explain his defense counsel [Article 321, CPrPenCh]. Article 336 governs
, CPrPenCh.
Article 29. PROHIBITION. Under no circumstances and under penalty of invalidity of the debate, members of the Jury may find the records of the investigation, except that the court authorize incorporated into the debate [Articles 314 and 323, CPrPenCh], nor may question suspects, witnesses or experts.
Article 30. Action outside the courtroom. If necessary to carry out acts outside the courtroom, it shall provide the means for the attendance of the jury or, if the nature of the act that is not possible, for the filming of the totality of what happened during production, to display later the jurors in the courtroom to continue the public debate.
Article 31. PRESSURE REPORTING. Jury members will be required to report to the court in writing through President, on any kind of pressures, influences or inducements that would have been to cast their vote in a particular direction.
Article 32. RESERVATION OF OPINION. Jurors are required to maintain absolute confidentiality in its opinion and the way they voted. The ballots used for voting will be incinerated immediately after obtaining the verdict, being careful not to take cognizance of them outsiders to the jury.
TITLE IX CONDITIONS TO BE VOCAL LEGO AND
PROVISIONS Article 33. REFERRAL. The provisions contained in Part II [Articles 6 to 10] and all other provisions of this law, consistent with its role, apply to lay members. Article 335 governs
, CPrPenCh. TITLE X
SUPPLEMENTARY AND TRANSITIONAL PROVISIONS Article 34
. PRACTICE RULES. The Superior Court shall issue the other rules of thumb for proper application of the rules of this law.
Article 35. RESOURCES. The bill Provincial Budget shall provide annually, within the jurisdiction for the Judiciary, the resources to meet the costs arising from the enactment of this law.
Article 36. TRAINING. The Ministry of the Interior, Labor and Justice, from the enactment of this law, and without prejudice to the activities of other public authorities with such a purpose, organized in the province, training courses for citizens, to promote knowledge and proper performance of judicial function. The record of attendance at such courses will not be a requirement to exercise the function of the jury, but enough to carry credit eligibility.
Article 37. COMPLEMENT. The provisions of this Act complement the provisions contained in the Code of Criminal Procedure of the Province of trial by jury and vocal laymen.
Article 38. SO. General Law.
0 comments:
Post a Comment