The Socialist Law Model enables one to have a clear understanding of essential concepts like the judicial system, how to handle confessions under the socialist models, public trials, legislative bases, and how to prosecute cases. The main terms in this chapter are:
Cuotas: Cuban measure of a fine that has values that vary.
Primary people's courts: Country courts for criminals in China.
Procure: Prosecutor.
Provincial courts: Cuban felony courts.
Supreme people's court: Chinas highest court.
Supreme people's Procurate: The top China legal supervisor.
Telephone law: Political trials whereby judges are guided by officials of different parties on the phone.
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After the separation of the Soviet Union, the socialist law went into a state of suspended animation. Soon the satellite states of Eastern Europe dropped the Soviet rule. Before the fall, the court system's role was to facilitate party control of decisions at all stages. In 1974 Cliff Roberson, with a group of judges, went to the Soviet Union. In 1722, Tsar Peter I came up with a procuracy office, with its primary function being to persecute criminals. The procuracy was revived during the soviet period when prosecutors become the chief administrators of the whole justice system. The procurator general was invested in the responsibility of ensuring the constitution is followed, and the citizens and officials follow all laws. The procurator was a watchdog of legality but not the president of the court. The communist countries have since practiced the modern practices of other countries.
Judicial System of Russia
The Supreme Court of the federation of Russia has 170 members organized into the judicial panel for criminal issues. The Supreme Court is also Russia's top body in the judiciary. It monitors the activities of the other judicial organizations and is the last court of appeal. The Russian system for preparing lawyers and judges is rigid in comparison to numerous western countries.
Judicial System of the Czech Republic
The highest court is also the Supreme Court and is organized into Civil law, criminal justice, each possessing a court chief justice, and Commercial Division. Constitutional Court has 15 judges, and the Supreme Administration Court has 28 judges.
Peoples Republic of China
The legal system in China is a work in progress; it is a single, multiethnic socialist nation with 31 provinces and municipalities directly authorized by the central government. Its justice system includes police, procurators, and correctional courts.
Judicial System of China
The Supreme People's Court is also the highest. The court includes 340 judges, including the chief justice. Late in 2004, China came up with a plan for judicial reforms. Chinas system can best be described as Marxist. The Chinese socialists regard criminal law as a weapon of the ruling class to repress the governed. The criminal law covers the interests of the ruling class, which describes some acts of crime.
Before the people's republic of china, every Chinese dynasty possessed its criminal laws. Administrative officials ran the criminal justice system. The communist party took over the office in 1949 after the establishment of the People's Republic then the country got a new constitution in 1954 at the nationals people's Congress. New criminal codes, civil law, and criminal procedure law were prepared.
Public Trials in China
In the first constitution set up in 1954, the public trial was a guarantee. The country had done away with them after the Ant rightist Campaign in the late 1950s. The procedure in a Chinese Criminal Trial involves:
Prosecutor reading the prosecution bill to the court.
The defendant responds to the bill
The victim makes a statement
Prosecutor is given a chance to question the defendant about the bill
The judge can ask the defendant questions
Prosecutor offers his advice
The defendant is also allowed to present evidence
Statements of witnesses who failed to appear are read
Arguments and defense are presented
The panel of judges deliberate then the court closes
In open court, findings are announced
Crimes
Crimes in China are grouped into eight divisions. The procedure law group's crimes into crimes of public prosecution and those prosecuted privately. As in many standard and civil law systems, criminal responsibility begins at age 16. A young age 14 to 16 who involves in homicide, robbery, or violence of any sort is punished as an adult.
Court System
The Nation of China has four stages of Criminal courts. The Supreme Court is the top court, and it deals with critical cases of national significance. The national congress appoints the president of the Supreme Court. Presidents, vice president, and judges of the Supreme Court are elected by the Standing Committee of the National People's Congress. The national University of Judges and training is maintained as the center for training judges.
Cuban Court Structure
The Cuban court structure includes the Supreme Court, municipal, and military. The Supreme Court is grouped into sectors of responsibility with categories for penal, administrative, military cases, and labor. Civil courts have no formal area, but some of the vast courts are subdivided into elements with particular responsibilities.
Trial Procedure
Cuban law states that in all criminal cases, the establishment of guilt should be in court. Criminal suspects cannot be convicted based on confession or a plea only; the accused has the right to trial by a judicial panel, not the jury. In felony cases, the prosecution usually will involve a prosecutor positioned in the provincial office of the attorney general.
Extradition from Cuba
Cuban citizens will not be deported for crimes done in other nations. People who are not citizens of Cuba can be deported, apart from crimes done in other countries in line with bilateral treaties. Cuba forbids the extradition of any individual for mistakes related to fighting imperialism, neocolonialism, fascism, racism, or for protecting the democratic rights or principles of working with people.
