SLC22-W4 / Derecho Procesal
Hello everyone. Today I am back to participate in the contest SLC22-W4 / Derecho Procesal. I invite @assidiq @furqanarr @muzack1 @teukuipul87 to participate in this contest.
Parte I
De acuerdo con lo explicado en clase debe hacer lo siguiente:
A. Elija una ley de su país y explique porque la considera una Ley Procesal o parte del Derecho Procesal.
Criminal Procedure Law is one of the laws that falls under the category of Procedural Law in Indonesia. It governs the procedures for investigating, inquiring into, prosecuting, trying and adjudicating criminal cases.
Is Criminal Procedure Law still a Procedural Law?
Criminal Procedure Law is procedural law because it does not define substantive rights of a person (such as the legal rights of a person in a criminal context), but rather describes the procedure for how a criminal matter is processed in the justice system. Specifically, this law controls the steps, or procedures, that need to be taken in a criminal case involving law enforcement officers as either the complainant or the defendant.
For example, it is regulated about: in Criminal Procedure Law
Investigation and inquiry processes: how evidence for the commission of a crime is collected by the police or investigators.
Prosecution procedures: how prosecutors determine if a case has enough evidence to go to court.
– Trial process: how cases are determined in court, including the rights of the accused and the system for interrogating witnesses.
As a consequence, Criminal Procedure Law is a subset of procedural law which is highly significant for justice, transparency and proper law enforcement in accordance with the applicable procedures.
B. Señalé cuál de los principios del derecho procesal se encuentran presente en ese ley y porque.
In Indonesian criminal procedure law, one of the major regulations governing of this is the Criminal Procedure Code (KUHAP). There are some principles of criminal procedural law in the KUHAP that act as the foundations for the emergence of criminal procedural law in handling criminal cases. Here are some of the legal principles that are contained in the KUHAP and an explanation related to it about why these principles are very important in the criminal procedure process:
- † Principle of Legality (Nullum Crimen, Nulla Poena Sine Lege)
Rule: No act can be punished without a rule regulating that act. The same applies a person without legal grounds clear and adequate cannot be punished.
Significance in Criminal Procedure Law**: This principle carries significant weight in criminal procedure law as it guarantees that no law enforcement action will violate the law or extend beyond the scope of its authority. And we must adhere to the criminal process in accordance with investigation, inquiry and trial provisions of relevant laws.
- The Principle of Fast, Simple, and Low-Cost Justice
Principle**: The criminal justice system should be conducted efficiently; this means that it should be done without undue delay and at a reasonable cost.
Role within Criminal Procedure Law**: The objective of criminal procedure law is to achieve the timely and fair resolution of each individual criminal case. This has to do with clear and arranged procedures, from inquiry to trial, to prevent unwarranted postponements in clearing cases.
- Principle of Equality Before the Law
Explanation: This principle ensures that all people are treated equally under the law, irrespective of their wealth, status or power.
Criminal Procedure Law Conformity**: It also stipulates that a uniformed procedure in the action follows, where all parties have equal rights and duties of such action regardless of being accused, witness, or victim. The principle of the access to justice in criminal procedure law is observed by applying the rules of the procedures to both parties involved.
- Principle of Evidence in Court (Onus Probandi)
Explanation** — This principle states that the evidence of a crime must be conducted in a court of law. The party that makes the accusation (e.g.the prosecutor) has the obligation to prove their claim in court.
Criminal Procedure Law**: Under criminal procedure law, this principle governs how evidence needs to be gathered and evaluated in the process of a trial. This also includes the right of the accused to present evidence or witnesses that support their case.
- Audi Et Alteram Partem (Hear the Other Party) Principle
Why is it so important?**: This explains that everyone in a legal process must have the right to be heard and defended.
– Relevance in Criminal Procedure Law: This principle is applicable in ensuring the rights of the suspect, where the suspect is entitled to defend himself and provide information in court. It is characteristic of the trial process that all parties have the opportunity to present relevant facts about the case.
- *10. * Presumption of Innocence
Explanation: This one is self explanatory; no one can be declared guilty of a crime until I am proven guilty in a court of law.
Importance in Criminal Procedural Law**: This concept is vital in criminal procedure law because it upholds the idea that a defendant should be treated fairly and not be considered guilty on the basis of mere suspicion. The procedures provided in the Criminal Procedure Code are intended to prevent ongoing proof of guilt in a legitimate manner, through investigation, inquiry, and examination in the court.
- Principle of Justice
— Explanation: This principle insists on equal access to all before the law, and that the rights of all those involved are taken into consideration when the law is enforced.
Criminal Procedure Law (CPL) — The regulated procedures must be conducted in a manner that is guaranteed to be just, the accused, witnesses, victims, and the (wider) community. These include transparent trials that are free of pressure and verdicts grounded on authentic evidence.
Conclusion
The principles enshrined in the Criminal Procedure Code are in the recommendations of basic principles of a fair transparent and efficient criminal justice system. These principles ensure human rights and social justice throughout the criminal law process including pre-trial and trial rights. Thus, the law of Criminal Procedure in Indonesia, including KUHAP, is a sustained process that must protect the justice below the law.
Parte II
Caso práctico.
El señor Ramírez le alquila un local comercial al señor Pérez. Pero resulta que el señor Pérez ha empezado a usar el local como vivienda hecho que se prohibió en una de las cláusulas del contrato.
El señor Ramírez decide ir al tribunal y demandar la resolución del contrato por incumplimiento de esa cláusula. En el transcurso de la demanda el señor Ramírez promueve una inspección judicial en el local comercial para comprobar que ciertamente el señor Pérez está usando el local como vivienda, el tribunal acuerda la inspección judicial y fija el día la hora y la fecha para realizar el mismo.
A.- Diga usted de acuerdo a lo visto en la clase cuál de los hechos del caso lo identifica con "Proceso", cuál lo identifica con "Procedimiento" y explique el porqué de su respuesta.
As such, in the case study you shared, it is clear the difference between process and procedure as it regards procedural law. Here is an analysis depending upon the facts of the case stated:
Process:
Process involves the whole train or course of action of a lawful case identifying with the rights and commitments of the gatherings and lawful results accomplished. The process, (n.) is the process the case takes in court itself. Here process is evident from the way Mr. Ramirez has gone about suing Mr. Perez for the termination of the contract on account of a breach on Mr. Perez's part. This process includes greater legal actions, aka taking another to court, and struggling for a ruling per the merits of law. So the whole lawsuit and contract termination demand is process.
Facts which relate to process:
Mr. Ramirez sued the court for cancellation of the contract on the grounds that Mr. Perez broke the clause in the contract prohibiting the use of commercial premises like a house.
This litigation regimen went on until the court granted Mr. Ramirez's request for a judicial inspection.
Procedure:
Rules of legal procedure (the proper steps to take or guidelines to follow in a legal process). It pertains to how a legal action is conducted in a strict sense, i.e. including administrative or technical actions taken in the settlement of a case. Here, what is in question is the way the court determined and carried out the judicial inspection requested by Mr. Ramirez.
Facts of identification of procedure:
The court granted Mr. Ramirez’s request to perform a judicial inspection of Mr. Perez’s business premises to confirm whether it was actually being used as a residence.
The court ordered a date, time, and date for inspection.
Explanation of Reasons:
Process covers everything legal that does, including the choice to bring the case to court, the claim filed, and the outcome sought for — in this case, the cessation of the contract. It engages the parties in the case to make a legitimate determination.”
Procedure refers to the technical or formal steps taken to achieve the desired result of a legal process. In the event that the procedure carried out is the submission of a request for judicial inspection, the court accepts it (determines the time and place of the examination).
So, the key distinction between process and procedure is that process encompasses the totality of the journey of a legal matter, whereas procedure relates to the manner in which or the steps that need to be taken to execute the legal steps involved in the process.
Parte III
Caso Práctico.
La señora María conduce un vehículo y a este se le van los frenos y choca o colisiona con el vehículo de Pedro, causando varios daños. Ante la situación y sin poder llegar a un acuerdo, Pedro decide demandar a María e interpone la demanda ante el tribunal y al salir del tribunal se entera que el vehículo es propiedad del señor Manuel.
A.- De acuerdo con lo explicado en clase identifique los sujetos procesales y ubíquelos en cada uno de los personajes presentes en el caso. Explique porque de su respuesta.
There are a number of procedural topics involved in the case you are providing. Procedural subjects include (among others) the litigants [plaintiff and defendant] and any parties who have a stake in the process. The facts in the present case allow us to determine who the players are and what they will do when the legal process happens.
### Procedural Topics in the Case:
Plaintiff - Pedro (The party suing)
To prove that our client is not the one who has suffered a negative consequence of the accident caused by Mrs. Maria, we prove that, in fact, it is Pedro. Pedro tried to arrive at an agreement with Mrs. Maria after the event, but when he was unsuccessful, he decided to open a claim in court. As the one suing, Pedro has the burden of bringing the case to court and proving that the defendant, Maria, had caused damage to his car.
Defendant - Mrs. Maria (The party being sued)
Explanation: Mrs. Maria is the one causing the accident to Pedro Therefore, here he has responsibility for the damages caused by the accident. Maria is the defendant due to the claim that Pedro filed, claiming that Maria is liable for damages from the accident that she caused. In this case, Mrs. Maria will have to provide a defense in court and prove that the road accident occurred due to the brake failure of the vehicle and that it may not have been her direct fault.
That third party can never be a bad guy.
Cause: Following the trial, Pedro found out that the car involved in the accident belonged to Mr. Manuel. If Mr. Manuel was not involved in the accident, is he considered a party to the action? If the vehicle used by Mrs. Maria did indeed belong to Mr. Manuel, Mr. Manuel may have some responsibilities with respect to the maintenance of that vehicle, or, other aspects of the accident. Depending on the court process, Mr. Manuel may have to take accountability for additional damages or be required to compensate as a third party in this lawsuit.
### Understanding Procedural Subjects:
Pedro is a plaintiff because he is the one who filed the claim/lawsuit with the court to seek damages for the damage he caused by the accident that involved Mrs. Maria's vehicle. As a Plaintiff, he has to prove that the accident was due to Mrs. Maria's negligence or fault.
Defendant: Mrs. Maria because she is the person being sued. In the trial, Mrs. Maria will argue her defence by providing evidence or reasoning that explains that the accident happened because the vehicle brakes failed which could have been an unforeseeable event and it could not come under negligence.
Mr. Manuel can also become a related party or additional defendant if the court process finds that the defect or problem that caused the accident was related to the vehicle being properly maintained or other negligent behavior by him. Of course, if Mr. Manuel is the owner of the vehicle, and it can be proven that Mr. Manuel was negligent in his maintenance and inspection of the vehicle, Mr. Manuel is potentially liable as party with direct relationship to the vehicle that caused the accident.
Why does this question matter?
Since one party wants to give their right to the other party based on the legal process known as procedures, so it is crucial to identify their procedural subjects. The first step in finding that out is to identify who the plaintiff, defendant and other parties are — and make sure all parties are afforded proper due process as is the legal custom, that each party has the chance to defend their rights against the other. Furthermore, having the proper identification allows court to call a fair judgment based evidence and arguments by all parties.
Conclusion:
Pedro: Pedro is the plaintiff because he instigated the lawsuit in order to get compensation for the damage caused by the accident.
Mrs. Maria is the defendant since she is the one being sued for the accident.
Based on the fact that Mr. Manuel was not the driver of the vehicle, it would be helpful if this court process indicates whether he has responsibility relating to the vehicle involved in the accident; then, per 40:15(a), he could potentially be a related party.
Procedural subjects should be identified in the study of the legal process so that the legal process is carried out correctly and follows applicable regulations.
Regards @sisol