Criminal cases deal with alleged offences against the law of the Hokorian State. These cases are heard by the Koru’s Court.
Criminal proceedings begin when an authorised official files an accusation before the Court.
Filing a criminal accusation
An authorised official may bring a criminal accusation to the Court.
The accusation must include:
- The identity of the defendant or defendants
- The charging officer
- The prosecutor
- The accusation itself
- A brief overview of the evidence
More about filing a criminal accusation (for officials).
Initial hearing
After the accusation is filed, the Court will schedule an initial hearing.
At this hearing the defendant will enter a plea.
The plea may be:
- Guilty
- Not guilty
Criminal hearing
If the defendant pleads not guilty, the Court will schedule a hearing.
During the hearing:
- The prosecution presents its case
- The defence may present evidence and arguments
- The Judge considers all evidence presented
The Judge will then determine whether the defendant is guilty or not guilty.
Standard of proof
A defendant may only be found guilty if the Judge is satisfied beyond reasonable doubt.
Sentencing
If a defendant pleads guilty or is found guilty, the Judge will determine the appropriate sentence or sanction.
The prosecution may recommend a sentence, but the Judge is not required to follow that recommendation.
More about court judgements and orders.
Protection against double trial
If a defendant is acquitted, they cannot normally be tried again for the same accusation.
In exceptional circumstances the Court may allow a retrial.