Difference between revisions of "Nullity of Procedure"
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== Background == | == Background == | ||
| − | Nullity of Procedure is a civil law concept that is similar to the common law concept of the [[exclusionary rule | + | Nullity of Procedure is a civil law concept that is similar to the common law concept of the [[Exclusionary Rule| exclusionary rule]] |
The fundamental principal of justice establishes the need to respond to barbarity, in whatever form through legality. This is the essence of the notion of procedure. Procedure is the route by which decision is reached and leads, ideally, to social harmony. | The fundamental principal of justice establishes the need to respond to barbarity, in whatever form through legality. This is the essence of the notion of procedure. Procedure is the route by which decision is reached and leads, ideally, to social harmony. | ||
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Thus, the prosecution acquires the legitimacy to judge with its desired severity against the accused, in the strictly legal sphere. | Thus, the prosecution acquires the legitimacy to judge with its desired severity against the accused, in the strictly legal sphere. | ||
| − | For the police, as for lawyers and magistrates, to respect procedure is above all to respect the ethical framework of each of these professions. It is impossible to participate in the work of justice without being just and legal. The only means is through that of Criminal Procedure. There is only one justice, and this comes out of fair trials and from the respect of fundamental rights. | + | For the police, as for lawyers and magistrates, to respect procedure is above all to respect the ethical framework of each of these professions. It is impossible to participate in the work of justice without being just and legal. The only means is through that of Criminal Procedure. There is only one justice, and this comes out of fair trials and from the respect of fundamental rights. |
==Types of Nullity== | ==Types of Nullity== | ||
