Difference between revisions of "Nullity of Procedure"
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There are several types of nullity that are recognized in the civil law system. Nullification of procedures may be explicitly stated or implied by the criminal procedure code, penal code, or the constitution. | There are several types of nullity that are recognized in the civil law system. Nullification of procedures may be explicitly stated or implied by the criminal procedure code, penal code, or the constitution. | ||
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There is no full list of all the circumstances that may result in a nullity of proceure. Each party in the judicial process must highlight violations of procedure and request that they be sanctioned as such. Note, however, that not all (minor) infractions of procedure will justify an annulment. Following is a short list of the types of nullities that could be recognized in a civil law jurisdiction. | There is no full list of all the circumstances that may result in a nullity of proceure. Each party in the judicial process must highlight violations of procedure and request that they be sanctioned as such. Note, however, that not all (minor) infractions of procedure will justify an annulment. Following is a short list of the types of nullities that could be recognized in a civil law jurisdiction. | ||
In practice, and without being exhaustive, within regular criminal procedures three major domains tyipcally may qualify as a nullity: | In practice, and without being exhaustive, within regular criminal procedures three major domains tyipcally may qualify as a nullity: | ||
* The rights of the human person | * The rights of the human person | ||
* The rights of the defense | * The rights of the defense | ||
| − | * The principles of the judicial organisation | + | * The principles of the judicial organisation |
| + | |||
| + | ===Textual Nullities=== | ||
===Substantial or Virtual Nullities=== | ===Substantial or Virtual Nullities=== | ||
