Difference between revisions of "Nullity of Procedure"

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Nullity of procedure is a civil law concept that is similar to the common law concept of the [[Exclusionary Rule| exclusionary rule]]. Nullity is founded on the fundamental principal of justice that establishes the need to respond to barbarity, in whatever form, through legality. Procedure is the route by which decision is reached and leads, ideally, to social harmony. As a consequence, all participants in the judicial process must submit to the rule of procedure. The magistrate and the prosecution are both bound to follow procedure as they embody the criminal justice process at the highest level.
 
Nullity of procedure is a civil law concept that is similar to the common law concept of the [[Exclusionary Rule| exclusionary rule]]. Nullity is founded on the fundamental principal of justice that establishes the need to respond to barbarity, in whatever form, through legality. Procedure is the route by which decision is reached and leads, ideally, to social harmony. As a consequence, all participants in the judicial process must submit to the rule of procedure. The magistrate and the prosecution are both bound to follow procedure as they embody the criminal justice process at the highest level.
  
Acting from the bench, the judging magistrate acquires legitimacy by meticulously following fundamental rules. More than any other, the magistrate can void an entire section of the proceedings, release a guilty person who admits responsibility, no matter what his or her crime, due to the rule of law being flouted to the extent that the entire case is entrenched in illegality.  
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Acting from the bench, the judging magistrate acquires legitimacy by meticulously following fundamental rules. More than any other, the magistrate can void an entire section of the proceedings, release a guilty person who admits responsibility, no matter what his or her crime, due to the rule of law being used to the extent that the entire case is entrenched in illegality.  
  
This meticulous respect of the procedure, leading when necessary to annulment, gives the judge the real power, and right, to judge all other files, to condemn, if appropriate, all other guilty accused. It is not purely through respect for the word of the law, but through an understanding of the purpose of the justice system which magistrates vow to accomplish their duty.  
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This meticulous respect to the procedural aspect of a case, leading when necessary to annulment, gives the judge the real power and right to judge all other files, and to condemn, if appropriate, all other guilty accused. It is not purely through respect for the word of the law, but through an understanding of the purpose of the justice system in which magistrates vow to accomplish their duty.  
  
 
While acting as the prosecution, the magistrate must not work with the same tools as the accused. To infringe upon procedure or fundamental rights is to enter into illegality on the same level as those being pursued. The most inexcusable practice for the magistrate is if this is taken as the basis of banditry. A situation must not develop where a magistrate provides an escape from the law. Absolute equality is the basis of civilized, democratic justice.  
 
While acting as the prosecution, the magistrate must not work with the same tools as the accused. To infringe upon procedure or fundamental rights is to enter into illegality on the same level as those being pursued. The most inexcusable practice for the magistrate is if this is taken as the basis of banditry. A situation must not develop where a magistrate provides an escape from the law. Absolute equality is the basis of civilized, democratic justice.  
  
Under the current system it is the prosecution's task to request the annulment of any doubtful elements of the proceedings, just as it is its job, at the preliminary discussions, to set out the parameters of its investigators, to give instructions, and to respect, and make others respect, the rule of law. It is also the prosecutor's mission to assure that those who operate under its authority are monitored, and sanctioned if any of these procedural rules are broken.  
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Under the current system the prosecutor must request the annulment of any doubtful elements of the proceedings, and at the preliminary discussions, to set out the parameters of its investigators to give instructions, and to respect, and require respect of the rule of law. It is also the prosecutor's mission to assure that those who operate under its authority are monitored, and sanctioned if any of these procedural rules are broken.  
  
 
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.  

Revision as of 11:17, 1 September 2010