Judiciary Act of Einsenland (British English)
Reference translation into British English. The Chinese source is available here. This translation preserves its numbering and legal status; it is not a jointly authenticated text of equal legal authority. See source and translation notes.
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Judiciary Act
Section 1
Judicial power shall be exercised independently by the courts, without interference by administrative bodies, legislative bodies, political parties, organisations or individuals.
Section 2
The people shall have the right to an independent, fair, timely and public hearing.
Section 3
Judicial decisions shall be subject only to the Constitution, the law and precedents or rules of interpretation established in accordance with the law.
Section 4
The ordinary courts shall comprise Basic Courts, Intermediate Courts and the Supreme Court; a Constitutional Court shall be established separately. Court districts shall be determined by caseload, access to proceedings and impartiality across regions. Specialist divisions for administrative, labour, social security, electoral and counter-terrorism cases may be established within competent ordinary courts, without creating compulsory additional instances not prescribed by law.
Section 5
The Supreme Court shall be responsible for final adjudication in the ordinary judiciary and uniform application of the law. Ordinary cases shall be finally determined at second instance in accordance with procedural legislation. Cases raising important questions of law, conflicting judgments or matters expressly specified by law may be appealed to the Supreme Court on points of law with permission. Confirmation of death sentences, retrials and special procedures prescribed by law shall not be subject to that restriction. The Supreme Court shall not require every case to pass successively through all levels merely because three organisational levels exist.
Section 6
The Constitutional Court shall deal in accordance with the law with constitutional review, constitutional interpretation, disputes over the powers of State organs, constitutional proceedings and impeachment prescribed by the Constitution. Constitutional review shall not constitute a routine additional instance for ordinary cases. Urgent cases concerning government formation, appointments and disputes over powers shall be decided within the periods specified by the Constitution. Interim protection may be granted where necessary, without automatically suspending the basic functions of the State.
Section 7
Judges shall be professional, honest and independent and shall recuse themselves as required by law. A judge shall not serve as a voting member of an administrative decision-making body such as the National Security and Strategy Council, or participate in administrative policy or individual decisions which the judge may subsequently have to review. Providing general legal research shall not constitute joint decision-making on administrative matters.
Section 8
The National Judicial Council shall deal in accordance with the law with judicial recommendations, appraisal and discipline; its composition and terms of office shall be governed by the State Organisation Act. Ordinary judges shall be appointed through professional procedures until statutory retirement; senior judges shall hold office for the terms and with the guarantees of independence prescribed by law. Appraisal shall not use support for government policy, conviction rates or the conclusions of individual cases as criteria. Disciplinary measures shall be reasoned, allow representations and be subject to judicial remedies.
Section 9
Judges shall not be transferred, demoted, suspended or removed except on statutory grounds and through due process. A court president's administrative management powers shall not include ordering a judicial panel to reach a particular decision. Case allocation, recusal and judicial documents shall be governed by published rules.
Section 10
Proceedings shall observe the principles of public hearings, oral argument, decisions based on evidence, the presumption of innocence and protection of defence rights.
Section 11
In criminal cases, defendants shall have the right to remain silent, obtain the assistance of a lawyer and challenge the evidence.
Section 12
Statutory remedies shall be available in civil, administrative and criminal cases. Decisions of State organs, technical surveillance, information processing and administrative counter-terrorism designations shall not be wholly excluded from judicial review merely because they concern security. Courts may suspend implementation or grant interim protection in accordance with the law, and shall safeguard defence rights and the opportunity to challenge evidence through appropriate confidentiality procedures.
Section 13
Procuratorial bodies shall operate alongside the courts and independently exercise public prosecution, oversight of investigations and other expressly authorised powers in accordance with the law, without being subject to the courts' administrative direction. Their lawful professional instructions shall be recorded in writing. Case personnel shall not be replaced, or unlawful handling directed, on account of a case's political impact. Indications of suspected crimes arising from oversight or audit shall be referred in accordance with the law.
Section 14
Judicial police, enforcement, expert assessment and legal aid bodies shall perform their respective statutory duties. The Ministry of Justice shall be responsible for judicial administration, prisons, professional regulation and resources, but shall not determine judgments, prosecutions or professional appraisal of judges. Courts and procuratorial bodies shall submit separate budget proposals and undergo financial audit. Resource provision shall not be used as a means of interfering with cases.
Section 15
Judgments shall in principle be public, except where the law provides otherwise on grounds of confidentiality.
Section 16
Every person shall enjoy statutory rights of appeal, review and correction in respect of judicial decisions. Where an Intermediate Court hears a case at first instance in accordance with the law, the statutory second-instance appeal to the Supreme Court shall not require permission. For ordinary cases already heard at two instances, the Supreme Court shall accept only appeals by permission, retrials or special review as prescribed by law.
Administrative acts shall be heard at first instance by the competent Basic or Intermediate Court. They shall not all be referred to the Supreme Court merely because of their importance, so that statutory remedies remain available. Special administrative legislation shall not exclude this Act's guarantees of independence and review.