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The initial trial system is the system for district trials under which nearly all known cases have operated in the 2010's and 2020's. It is an "inquisitive" bench trial system in which each side argues its case to a judge, who is the sole decider of the verdict. Its main distinguishing feature is its limitation of all trials to three days. This limitation was created out of necessity because of a backlog of court cases, resulting in very fast-paced trials.
Process
A person arrested under suspicion of a crime is held in the detention center This suspect can take the opportunity to select a lawyer or accept representation from a lawyer appointed by the state. The suspect also has the right to self-representation in court.
Trials are held in the District Court. A prosecutor, selected by the prosecutors office, prosecutes the case, and the selected or appointed lawyer (or the defendant) stands to defend the case. A judge serves as a mediator, and also hands down judgement at the conclusion of the trial. Either the prosecution or the defense can call witnesses or present evidence. Burden of proof, however, lies with the presenting side. Although normally all evidence must be approved by the police department before being used in court, unregistered evidence can be presented if its relevancy to the case is proven. The defense attorney must cross-examine the witnesses that the prosecution brings forth to find contradictions in the testimony to clear his or her client.
Witnesses can "plead the fifth", invoking their right to refuse to testify if their testimony could self-incriminate them. Additionally, the Chief of Police has the right to refuse to testify, and the defendant can refuse to testify by pleading silence. However, by refusing to testify, one essentially relinquishes the right to testify and is not allowed to make further comments.
The prosecution usually pushes for a guilty verdict, while the defense can plead in any number of ways such temporary insanity or justified self-defense. The judge has the power to penalize either the defense or the prosecution for faulty evidence or points unrelated to the case at hand. The judge also has the power to suspend trials, declare recesses, strike evidence or testimony from the trial record, or have troublesome parties removed from court by a bailiff.
A limit of three days is set on the initial trials at the District Court. If a defendant receives a guilty verdict, or a verdict cannot be reached within the three-day limit, he or she will surrender him/herself to the court's care to undergo a regular trial at a higher court within a month after the initial trial. If the defendant receives a not guilty verdict, he or she is free to go. Case Appeals can also be made in the case of a guilty verdict, but not in the case of a not guilty verdict.
Process
A person arrested under suspicion of a crime is held in the detention center This suspect can take the opportunity to select a lawyer or accept representation from a lawyer appointed by the state. The suspect also has the right to self-representation in court.
Trials are held in the District Court. A prosecutor, selected by the prosecutors office, prosecutes the case, and the selected or appointed lawyer (or the defendant) stands to defend the case. A judge serves as a mediator, and also hands down judgement at the conclusion of the trial. Either the prosecution or the defense can call witnesses or present evidence. Burden of proof, however, lies with the presenting side. Although normally all evidence must be approved by the police department before being used in court, unregistered evidence can be presented if its relevancy to the case is proven. The defense attorney must cross-examine the witnesses that the prosecution brings forth to find contradictions in the testimony to clear his or her client.
Witnesses can "plead the fifth", invoking their right to refuse to testify if their testimony could self-incriminate them. Additionally, the Chief of Police has the right to refuse to testify, and the defendant can refuse to testify by pleading silence. However, by refusing to testify, one essentially relinquishes the right to testify and is not allowed to make further comments.
The prosecution usually pushes for a guilty verdict, while the defense can plead in any number of ways such temporary insanity or justified self-defense. The judge has the power to penalize either the defense or the prosecution for faulty evidence or points unrelated to the case at hand. The judge also has the power to suspend trials, declare recesses, strike evidence or testimony from the trial record, or have troublesome parties removed from court by a bailiff.
A limit of three days is set on the initial trials at the District Court. If a defendant receives a guilty verdict, or a verdict cannot be reached within the three-day limit, he or she will surrender him/herself to the court's care to undergo a regular trial at a higher court within a month after the initial trial. If the defendant receives a not guilty verdict, he or she is free to go. Case Appeals can also be made in the case of a guilty verdict, but not in the case of a not guilty verdict.
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