Difference between revisions of "Nullity of Procedure"
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===Substantial or Virtual Nullities=== | ===Substantial or Virtual Nullities=== | ||
| − | Substantial | + | Substantial Nullities, sometimes called Virtual Nullities, are not found in penal codes, procedure codes or constitutions. Substantial Nullity may occur if the procedural violations have violated "substantial" provisions of the penal code, even though the code provides no explicit procedure for nullification. |
When assessing whether a substantial nullity has occured, the court looks at: | When assessing whether a substantial nullity has occured, the court looks at: | ||
