Formal Procedure Law In Switzerland
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Formal Procedure Law In Switzerland
Criminal procedure law, also referred to as formal criminal law or formal procedure law, has been uniformly regulated in Switzerland since the enactment of the on 1 January 2011. Prior to this, the Swiss legal system comprised 26 cantonal codes of criminal procedure, along with a federal Criminal Procedure Code that applied to specific offenses under federal jurisdiction. Additionally, separate Criminal Procedure Codes exist for military criminal law and juvenile criminal law; these have not been replaced by the federal Criminal Procedure Code. Introduction Substantive criminal law outlines the rights and duties of individuals, defines behaviors classified as crimes, categorizes these crimes by severity, and specifies corresponding punishments. In Switzerland, this area of law is governed by the Swiss Criminal Code. Procedural criminal law, also known as formal criminal law, details the processes for enforcing substantive criminal law. It regulates the investigation, prosecu ...
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Substantive Law
Substantive law is the set of laws that governs how members of a society are to behave.Substantive Law vs. Procedural Law: Definitions and Differences, Study.com/ref> It is contrasted with procedural law, which is the set of procedures for making, administering, and enforcing substantive law. Substantive law defines rights and responsibilities in civil law, and crimes and punishments in criminal law, substantive equality or substantive due process. It may be codified in statutes or exist through precedent in common law. Substantive laws, which govern outcomes, are contrasted with procedural laws, which govern procedure. Henry Sumner Maine said of early law, "So great is the ascendency of the Law of Actions in the infancy of Courts of Justice, that substantive law has at first the look of being gradually secreted in the interstices of procedure; and the early lawyer can only see the law through the envelope of its technical forms."Henry Sumner Maine. On Early Law and Custom. ...
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Acquittal
In common law jurisdictions, an acquittal means that the criminal prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal prohibits the Double jeopardy, retrial of the accused for the same offense, even if new Evidence (law), evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, like Australia, Canada and the UK, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction — but usually only if new and compelling evidence comes to light or the accused has int ...
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Law Of Switzerland
Swiss law is a set of rules which constitutes the law in Switzerland. Structure and Sources There is a hierarchy of political levels which reflects the legal and constitutional character of Switzerland. The Federal law (, , ) consist of the following parts: * International law, * Internal law, According to the current Federal Constitution (SR 101 Art. 1, 3) and the principle of subsidiarity (Switzerland) (SR 101 Art. 5a) and the ''Title 3 Confederation, Cantons and Communes'' (SR 101), the Cantons of Switzerland "''are sovereign except to the extent that their sovereignty is limited by the Federal Constitution. They exercise all rights that are not vested in the Confederation''" and "''the principle of subsidiarity must be observed in the allocation and performance of state tasks''". The Internal law (, , , ) consists of the following parts: #State - People - Authorities (SR 1) #Private law - Administration of civil justice - Enforcement (SR 2) #Criminal law - Administra ...
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Tages-Anzeiger
''Tages-Anzeiger'' (), also abbreviated ''Tagi'' or ''TA'', is a Swiss German-language national daily newspaper published in Zurich, Switzerland. History and profile The paper was first published under the name ''Tages-Anzeiger für Stadt und Kanton Zürich'' in 1893. The founder was a German, Wilhelm Girardet. Its current name, ''Tages-Anzeiger'', was adopted later. The paper is based in Zurich and is published in broadsheet. Its owner and publisher is Tamedia and its editor is Res Strehle. Although ''Tages-Anzeiger'' is a national newspaper, it focuses mainly on the Zurich region. Circulation The circulation of ''Tages-Anzeiger'' was 70,000 copies in 1910. It rose to 83,000 copies in 1930 and to 116,000 copies in 1950. In 1967 the paper was the best-selling newspaper with a circulation of 161,000 copies. In the period of 1995–1996 ''Tages-Anzeiger'' had a circulation of 282,222 copies, making it the second best-selling paper in the country. In 1997 its circulation was 283 ...
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Federal Law On The Organization Of Criminal Authorities
Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or regional governments that are partially self-governing; a union of states *Federal republic, a federation which is a republic *Federalism, a political philosophy *Federalist, a political belief or member of a political grouping *Federalization, implementation of federalism Particular governments *Government of Argentina *Government of Australia The Australian Government, also known as the Commonwealth Government or simply as the federal government, is the national Executive (government), executive government of Australia, a federalism, federal Parliamentary system, parliamentary con ... *Federal government of Brazil *Government of Canada *Cabinet of Germany *Federal government of Iraq *Government of India *Federal government of Mex ...
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Juvenile Criminal Procedure Code
Juvenile may refer to: In general *Juvenile status, or minor (law), prior to adulthood *Juvenile (organism) Music *Juvenile (rapper) (born 1975), stage name of American rapper Terius Gray *''Juveniles'', a 2020 studio album by the band Kingswood *"The Juvenile", a song by Ace of Base Film * ''Juvenile'' (2000 film), Japanese film * ''Juvenile'' (2017 film), U.S. film Sports *Juvenile (greyhounds), a greyhound competition *A two-year-old horse in horse racing terminology Other *Juvenile particles, a type of volcanic ejecta See also * Children's literature * Children's clothing *Juvenile novel **Any of "Heinlein juveniles" *Juvenile delinquency *Juvenile hall (juvenile detention center) * Juvie (other) *Juvenilia Juvenilia are literary, musical or artistic works produced by authors during their youth. Written juvenilia, if published at all, usually appear as retrospective publications, some time after the author has become well known for later works. Bac ..., work ...
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Public Consultation
Public consultation, public comment, or simply consultation, is a process by which members of the public are asked for input on public issues. This can occur in public meetings open to all (such as town hall meetings) in written form (such as in public comment or surveys), as well as in deliberative groups (such as citizens' assemblies or citizen juries). Surveys and deliberative groups can be conducted with self-selected citizens or with statistically representative samples of the population which enables the identification of majority opinion. Its main goals are to improve public involvement and influence, as well as the transparency and efficiency of government projects, laws, or regulations.Background Document on Public Consultation
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Misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Typically, misdemeanors are punished with prison time of no longer than one year, monetary fines, or community service. Distinction between felonies and misdemeanors A misdemeanor is considered a crime of lesser seriousness, and a felony one of greater seriousness. The maximum punishment for a misdemeanor is less than that for a felony under the principle that the punishment should fit the crime. One standard for measurement is the degree to which a crime affects others or society. Measurements of the degree of seriousness of a crime have been developed. In the United States, the federal government generally considers a crime punishable ...
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European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Member states of the Council of Europe, Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity. The convention established the European Court of Human Rights (generally referred to by the initials ECtHR). Any person who feels their rights have been violated under the convention by a state party can take a case to the court. Judgments finding violations are binding on the states concerned and they are obliged to execute them. The Committee o ...
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Swiss Criminal Code
The Swiss Criminal Code (SR/RS 311, , , , ) is a portion of the third part (SR/RS 3) of the Swiss law, internal Swiss law ("Private law - Administration of civil justice - Enforcement") that regulates the criminal code in Switzerland. The original version was created on 21 December 1937. It entered into force on 1 January 1942. Previously, criminal law had been a Cantons of Switzerland, cantonal competency. History The Swiss Criminal Code was based on an initial draft by Carl Stooss in 1893. He proposed one of the first criminal codes that included both punishment and preemptive safeguard measures. The original code was approved by the people on 3 July 1938 in a referendum, with 358,438 voting in favor to 312,030 voting against. With its entry into force on 1 January 1942, all cantonal legislation that contradicted the new Criminal Code was abolished. This especially included the civilian death penalty, which was still in force in some cantons, as well as the criminalization of ...
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Appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" (Intransitive verb, intransitive) or "appeals" (Transitive verb, transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the app ...
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