Mintorian criminal procedure
In Mintoria, criminal cases operate under the inquisitorial system, where the court is actively involved in investigating the facts of the case. The typical criminal proceeding is divided into three parts: the investigative phase, the examining or instruction phase, and the trial.
Investigative phase
Once a crime has been reported, the police will open an investigation. The police will report the alleged crime to the public prosecutor who will lead the investigation; the police do not have many unsupervised investigative powers throughout the process, although their powers may broadened in cases where exigent circumstances exist to make sure that they can attain evidence that might otherwise be lost. The prosecutor’s review of the evidence will be largely paper-based and will not be as extensive as the judicial investigation carried out by the examining magistrate. If the prosecutor determines that there is sufficient evidence, he will refer the case to the examining magistrate and will define the scope of the crimes being investigated.
Examining phase
The examining magistrate, upon receiving the request to conduct a judicial investigation from the prosecutor, will begin to gather evidence. Examining magistrates have wide powers during the investigation, and controls the nature and scope of the proceeding. They can visit the scene of a crime, carry out reconstructions of the crime, hear witnesses, search and seize property, and arrest and remand suspects. The examining magistrate is expected to investigate the matter thoroughly and to prepare a dossier containing the complete written record, so that by the time the examining stage is complete, all relevant evidence is in the record.
If the prosecution or defence wishes to investigate any matter, they must file a request that the desired investigation be carried out by the examining magistrate. The dossier is equally available to the defence and the prosecution well in advance of trial. Both the prosecution and the defence may request the magistrate to act, and may appeal the magistrate’s decisions before an appellate court. The scope of the inquiry is limited by the mandate given by the prosecutor's office: the magistrate cannot open a criminal investigation of their own accord.
The role of defence counsel is more limited at this stage. During the investigation, the defence counsel can request that the examining magistrate or prosecutor interview certain persons or collect certain evidence. The defence can also call certain matters to the attention of the court and advise their client on how to respond as the proceedings unfold.
At the conclusion of the investigation, the examining magistrate determines whether to refer the case for trial or not. If the case is referred to trial, the case file is transferred to the sitting judges who will hear the case.
Trial
At the trial, the prosecutor will present the case to the court, although this duty is generally minor. A panel of judges (typically at least five professional judges), assumes a direct role, similar to the examining magistrate. Here, the judges, having read the dossier well in advance, determine what witnesses to call and the order in which they are to be heard, and assumes the dominant role in questioning them. There is no formal cross-examination of witnesses, and neither the prosecution or defence counsel have the right to cross-examine witnesses. However, the parties and their counsel are permitted to request that the judges ask certain or particular questions.
The scope of evidence admissible in court is generally more broad compared to other countries. Hearsay evidence is admissible as well as the defendant’s character and past. Confessions are also allowed, but any confession that was obtained illegally is tainted, and is inadmissible. The trial involves witnesses testifying in a narrative form and focuses more on documentary evidence. Any expert witnesses that are called do not belong to either party, they belong to the court. The defendant may make an unsworn statement, although he is not required to speak, and may testify as a sworn witness.
The burden of proof does not lie with anyone. No party will attempt to demonstrate the other is liable or guilty, the standard of proof is what the judges believe to be adequately convincing circumstances that they believe the truth is that the defendant is liable or guilty.
At the end of the trial, the parties present their summations before the court. The judges retire afterwards to render a verdict, at which point the defendant will either be released or convicted. During this procedure, the judges decide on both questions of facts and questions of procedure. A simple majority is required for a conviction. After the trial, a sentencing hearing follows to determine the type and duration of penalties to be imposed upon the convicted person.
Defendants accused of serious crimes with severe penalties (Major illicit drug, human, or weapons trafficking, genocide, war crimes, embezzlement, aggravated murder, money laundering, etc.) are tried before a panel of five professional judges and seven lay judges. Lay judges are those citizens who volunteer to sit alongside the professional judges in judicial proceedings. As laypersons, they are not trained in the law, and often require some legal instruction. They are appointed by a selection committee from lists that are approved by district councils with a two-thirds majority of attending councillors. However, they are not permanent officers of the court. They attend proceedings about once a month, and often receive only nominal or “costs covered” pay.
When deciding on a verdict, professional judges and lay judges have equal positions on questions of facts, while professional judges decide questions of procedure. In a panel with lay judges, a three-fourths majority is needed for a conviction. Judges and jurors have also equal positions on sentencing.
In trials involving crimes against the state, such as treason, espionage, sedition, and acts of rebellion, among others, criminal proceedings are held before a panel of seven professional judges in camera, that is, the proceedings are closed to the general public.
