Home > Blossary: THE USE OF LAW IN PENAL TRIALS (A FEW WORDS)
The use and application of Law in Penal Trials and cases is generally subject to same rules of Civil Procedure in courts of all grades, till final court grade, namely High Constitutional Court if and when and where applicable, till an irrevocable decision is made. Here, we’ll state in few words, how law should be used in First Instance Penal Court and Appeal Court. Let’s note in the beginning, that all citizens of democratic countries with applicable Constitution have the legal right to a fair trial and attribution of justice in fair terms, deriving from relative principle of Constitution and furthermore from Natural Law. We won’t say more at this point, and let’s always remember that ‘’no-one is guilty until it’s proven’’. That everyone is entitled legally to ‘’proof of innocence’’, as a key part of fair trial, where obviously Judge focuses always to attribute justice for both parties, claimant and defender, in adjudication of cases of private law. H-Judge must first be objective with both parties and not prejudiced. The good and fair Judge, seizes, and weighs things by being objective, and this gives them more possibility to make good use of findings for distributive justice: thus judge in the course of trial may find or be provided with proof of evidence, thus else called findings, that they can use ‘this way’ for one party and ‘that way’ for the other party, to thus find central point of balance between parties, from where adjudication mainly derives.ow then use and application of Law contributes to fair decisions? -Judge must exhaust thus use all means of trial available to them, to ensure and verify true facts: thus documents ‘ad solemnitatem’ first and second ‘at probationem’ as well as wits, eyewits etc are crucial means and necessary ones. -Upon reading a document of trial, on which whole discussion will be based, by parties and their attorneys in Court, they (Judge) must care of not leaving any gaps in law, and that they have made a vast interpretation of law, or combination of two up to three more laws, that in view of this vastness, should comprise more and more legal rules accordingly. Laws used for adjudication and/or for making final decision must not include contradictive legal rules, must be able to raise any ambiguity of legal rules contained in relative laws, thus, must all the same way, also, where applicable, and if he/she thinks so, proceed also to strict interpretation of law, where law is explicit, and does not define in another way. The laws used, included relative rules of course, must interpret law essentially and typically, keeping always in mind the phrasal term ‘’de facto and de jura’’ where applicable of course, contributing to fair and clear adjudication of case and attribution of justice./-Hence, we’d mention, that specifically in penal trials, the essential law, unlike for ex. in Administrative Law, where laws of typical validity and more applicable and used, here exactly in Penal Law, essential law, in terms of decision made, is crucial, that’s why a relative vast interpretation of law is crucial and necessary. Just as essential laws used exceed typical laws, the first ones must attribute balance between part of description and examination, hence verification of true facts, must be concise and cover completely or relative legal rights of claim, and the relative arguments in a balanced way. Thus this prevents from bad or misinterpretation of law, to the extent that law or more (combined) used laws, contribute to a fair decision of both parties and distributive justice, as defined above. -Following this, judge will also focus, to non omit or ignore and exemptions of law(or each law) used, included in the orders of articles. If something like this happens, this theoretically and hypothetically of course, decision will be characterized as false and often unfair as decisions must be duly justified in terms of result. -Judge must better make any use of laws of retrospective force and validity that favour accused person(-s) say defender, and if party X is not satisfied, Judge must always give possibility to appeal to Court of higher grade in each case. Thus Judge must always use corresponding laws of P.C along and aligned with all rules of applicable Civil Procedure and in the frame of it, and should also try to find ‘space’ in Civil Procedure and horizontal axes and tools, that justify their options in terms of P.C used. -Least but not last, Judge must always note, thus write down and consider, ‘key-words’ as auxiliary tools and means in penal trials. Key words are the key to raise any ambiguity of law(or combined laws used) and to finally verify truth of facts, that will lead them to a fair final decisions, with always possibility of remedies of Court of next grade.. These are in brief some main points of focus of Judge and Entire Court for consideration, for always investigation, till final decision, as described above. Always consider of course production and subsistence of legal results at the day(date) of adjudication, and obviously, Judge should take into account more these persisting legal results, regardless of any favourable law in retrospective force to attribute Justice. Jurisprudence of course is a very Useful Tool for fair adjudication each time, and of course in view of volume of trials for acceleration of trials, considering of course the uniqueness of each (legal) case. . …

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