Hello Everyone !

I am @hudamalik20 from Pakistan. I hope you’re all having a great day and doing well in life. I’m excited to participate in the SLC22-W4 / Procedural Law contest hosted by the wonderful @anasuleidy. I also invite @tammanna, @josepha, and @ahsansharif to take part in this amazing opportunity. So, let’s get started.

Part I
According to what was explained in class, you must do the following:

A. Choose a law from your country and explain why you consider it a Procedural Law or part of Procedural Law.

The Code of Criminal Procedure (CrPC) is a very important part of Pakistan's legal system. I consider it a procedural law because it explains all the steps we need to follow for handling criminal cases.

And how we should report a crime, investigate it, take it to court, and how the court will make a decision. It guides us through every stage to make sure justice is done properly.

For example, if someone commits a crime, the first thing we need to do is file a First Information Report (FIR) at the police station. This is explained in Section 154 of the CrPC. Then, it tells us how the police will investigate the case, collect evidence, and talk to witnesses.

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After that, the case goes to court, and the CrPC explains how the trial will happen step by step, including how evidence is presented and how decisions are made.

The CrPC is different from laws like the Pakistan Penal Code (PPC). The PPC tells us what actions are crimes and what punishments they carry, like murder or theft. But the CrPC focuses on how to handle those crimes in a legal way, from the start of the case to the final judgment.

This law is very important because it makes sure everything is done fairly. For example, Section 342 of the CrPC gives the accused person a chance to explain their side of the story and defend themselves. And then every decision is made based on proper evidence and not just assumptions.

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B. I pointed out which of the principles of procedural law are present in that law and why.

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The Code of Criminal Procedure (CrPC) includes many principles of procedural law that ensure fairness and justice in criminal cases. One of the main principles is "equality before the law," which means both the accused and the victim are treated equally.

For example, Section 342 gives the accused the full right to explain their side of the story. Even during court proceedings, they have the chance to present their truth and defend themselves.

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Another principle is the "right to a fair trial," as guaranteed by Article 10-A of the Constitution of Pakistan. The CrPC ensures that the accused is informed about the charges against them and has the right to defend themselves with the help of a lawyer.

The principle of "due process of law" is also present. Th Sections 75 to 90 explain the procedure for issuing arrest warrants. If someone fails to provide solid proof of their innocence during an investigation, an arrest warrant can be issued, but this is done through a proper legal process.

The CrPC also supports "open courts and public hearings." For public trials where necessary, ensures transparency. These hearings can even be conducted through video conferencing if needed, so the process is accessible and clear to everyone.

Another important principle is "timely justice." Delays in trials should be avoided as much as possible. For example, Sections 34 and 265- so the cases should be resolved quickly, especially when all the evidence and witnesses are available.

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Part II
Case study.

Mr. Ramírez rents a commercial premises to Mr. Pérez. But it turns out that Mr. Pérez has started using the premises as a home, a fact that was prohibited in one of the clauses of the contract.

Mr. Ramírez decides to go to court and demand the termination of the contract for breach of that clause. During the course of the lawsuit, Mr. Ramírez promotes a judicial inspection of the business premises to verify that Mr. Pérez is indeed using the premises as a home. The court agrees to the judicial inspection and sets the day, time and date for it to be carried out.

A.- According to what you saw in class, say which of the facts of the case identifies you with "Process" , which identifies you with "Procedure" and explain the reason for your answer.

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In this case, we can see the difference between the process and the procedure clearly.The process is the entire legal journey from the start to the end of the case. It begins when Mr. Ramírez files a lawsuit to terminate the rental agreement because Mr. Pérez violated one of its clauses by using the premises as a home.

Filing the case and going through the legal system to reach a resolution is part of the process. For example, when Mr. Ramírez demands the termination of the contract due to this violation, it’s considered a part of the overall legal process.

The procedure is about the specific steps taken during the process. In this case, the court orders a judicial inspection of the premises to check whether Mr. Pérez is using it as a home. Setting the date, time, and place for this inspection are all procedural steps. These are smaller actions that happen within the larger process and are carried out according to legal rules.

In my region Pakistan, similar situations are handled under laws like the Punjab Rented Premises Act, 2009, which allows landlords to file cases for violations of rental agreements. The inspection part is carried out under procedural rules, as outlined in the Code of Civil Procedure, 1908.

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Part III
Case Study.

Mrs. Maria is driving a vehicle and its brakes fail and it crashes or collides with Pedro's vehicle, causing various damages. Faced with the situation and unable to reach an agreement, Pedro decides to sue Maria and files the claim in court and upon leaving the court he finds out that the vehicle is the property of Mr. Manuel.

A.- According to what was explained in class, identify the procedural subjects and place them in each of the characters present in the case. Explain the reason for your answer.

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In this case study, I can identify the procedural subjects based on their roles and involvement in the case. Each character holds a specific position according to the legal scenario:

1. Pedro - Plaintiff :
Pedro is the plaintiff because he is the one who files the lawsuit in court. His vehicle was damaged in the collision caused by Maria's car. As the injured party seeking compensation, Pedro takes legal action to demand justice and relief for the damages caused to his property.

2. Maria - Defendant (Defendant):
Maria is the defendant in this case because the lawsuit is filed against her. She was driving the vehicle that collided with Pedro's car, and even though the brakes failed, she is being held responsible for the accident.

In procedural terms, the defendant is the individual against whom the claim is made. Maria has the right to defend herself in court, present evidence, and provide any justification or explanation regarding the incident.

3. Manuel - Third Party (Owner of the Vehicle):
Manuel is identified as a third party because he owns the vehicle involved in the accident. Although he was not driving the vehicle at the time of the accident, his connection to the case arises due to his ownership.

Under procedural rules, the third party may be brought into the case if their role is significant to resolving the matter, such as determining liability for damages caused by their property. Manuel can be added as a necessary or proper party to ensure all relevant aspects of the case are considered.

In legal systems like Pakistan's, cases like this are addressed under procedural laws such as the Code of Civil Procedure, 1908. Procedural rules ensure that all parties plaintiffs, defendants, and third parties are given a fair opportunity to present their case, and the court to reach a just and equitable decision.

Thanks alot for reading ❤️🤗 .

Regards : @hudamalik20 .