Difference between revisions of "Nullity of Procedure"
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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 the prosecutor must request the annulment of any doubtful elements of the proceedings | + | Under the current system, the prosecutor must request the annulment of any doubtful elements of the proceedings. At the preliminary discussions, the prosecutor must set out the parameters of its investigators to give instructions, and to respect, and require respect, of the rule of law. Further, the prosecutor must assure that those who operate under its authority are monitored, and be 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. | ||
