Understanding Enclosed Registration and Jury Function in Law
Enclosed Registration in Criminal Proceedings
Entering and Enclosed Registration: The measure of entry and registration in enclosed spaces (sections 545 to 572 of the Criminal Procedure Code, CPP) is designed to collect research sources related to a person or the accused. This practice involves examining households to address potential violations of fundamental inviolability (Article 18.2 of the EC), justified by compliance with specific purposes of criminal proceedings.
We can discuss the requirements for adopting this measure. It necessitates a court order (emphasizing the court’s exclusive authority to limit fundamental rights), considering indications that the location in question contains evidence, tools, or documents that could aid the crime investigation or verification. A warrant is unnecessary if the person concerned consents (provided they are notified during the search or within 24 hours) or in cases of flagrante delicto (as per article 553 of the CPP).
Special considerations apply to public buildings, official and unofficial religious sites, and private residences. These cases involve specific requirements, regulatory approvals, and permissions (e.g., agreements with headquarters, Royal House license obtained through the Chief House of the King, etc.).
In practice, this involves taking precautionary measures before execution, such as surveillance or temporary suspension of activities, closing and sealing the location. The judge is responsible for ordering the practice, although certain actions can be assigned to the police. The secretary (or substitute officer) must be present during the practice, documenting the action to avoid nullity. The documentation must comprehensively include: individuals involved in the registration, start time, incidents, actions, results, participants (including witnesses or two neighbors if the family requests), and whether the person is the accused. Case law suggests their participation is necessary.
If necessary, physical force may be used, minimizing harm and respecting secrets that do not affect the investigation. The judge will collect instruments and effects of the crime, and books and papers will be sealed, numbered, and signed by those who attended the register.
Address entry and registration should occur during the day (except for emergency reasons); otherwise, only the evening will continue.
The Jury’s Role and Responsibilities
Fundamental Mission of Jurors
The fundamental mission of jurors is to deliver a verdict deciding on the administration of justice, as well as the guilt or innocence of the accused. This is a right and duty for citizens.
Sanctions for Non-Compliance
Various sanctions, mostly financial (ranging from €150 to €3000), exist for non-appearance (fine), refusal to promise or swear (fine), dereliction of duty of secrecy (fine and imprisonment), and neglect of functions without legitimate cause (fine). Jurors must be compensated at the level of a judge, including allowances and expenses arising from their role.
Requirements of the Verdict
The verdict must include a narrative of the facts alleged by the parties, on which the jury must decide whether the means are tested or not. It must, in separate numbered paragraphs, refer first to the facts favorable to one side and then to the unfavorable facts, avoiding confusion. The facts can lead to a finding of responsibility.
The narrative of the facts must determine the degree of implementation, participation, and penal responsibility. It must also determine the offense(s) for which the accused will be declared guilty or not culpable. Reference must be made to procedural issues alleged by the parties (res judicata, pardon, etc.), the latter being possible in the view of the doctrine.
Special Jurisdiction Explained
This is considered a special jurisdiction because the jury consists of nine members and a judge from the Provincial Court, who presides. If the subject to be tried enjoys privileges due to national or autonomous status, the judge in question is a Judge of the Criminal Division of the Supreme Court or the Civil Division of the Supreme Court and Criminal, respectively. Two alternate jurors must be present during the trial.