The functioning of the justice system and its 3 branches
The functioning of the justice system and its 3 branches
The Judiciary Power is composed of the Public Prosecutor's Office and the courts of first and second instance. It groups together all the civil, criminal and public law judicial authorities responsible for dispensing justice in Geneva.
There are 3 main branches of justice:
To understand these different branches, here are 3 short films that will help you to better understand the functioning of justice in Geneva.
Civil justice: The divorce of Fabienne and Alexandre
After several years of marriage, Fabienne begins the process of divorcing her husband Alexandre.
The procedure before the judge includes a conciliation hearing.
The civil justice system settles disputes between individuals, arising for example from their family ties.
Criminal justice: On the track of the burglar
A couple is the victim of a burglary. A suspect is apprehended by the police and then handed over to the Public Prosecutor's Office.
The criminal justice system prosecutes (Public Prosecutor's Office) and punishes (Public Prosecutor's Office or courts) the perpetrators of offences, i.e., contraventions, misdemeanors and crimes.
Public law justice: The divisive garage
Clément wishes to build a garage on his plot. His neighbor objected. A building permit is granted to Clément by the administration. An appeal is lodged and a procedure before the court starts.
The public law justice system mainly decides on appeals by private individuals against decisions taken by the administration.
3D Institutions - presentation of the 3rd authority: the Judiciary Power
3D Institutions - presentation of the 3rd authority: the Judiciary Power
An educational film on the Judiciary Power produced under the 3D Institutions program aimed at explaining the functioning of democratic institutions to elementary school (7-8P) and orientation cycle (9th grade) students.
Professions of the justice system
Judge
- Attempts to reconcile the parties
- Hears cases to establish the facts, in particular holds hearings (hearings of parties, witnesses and experts)
- Applies the law
- Writes judgments
Prosecutor
- Represents the Public Prosecutor's Office, the authority that prosecutes alleged criminal offenders on complaint or ex officio
- Supports the prosecution during the trial: presents the facts found during his/her preliminary investigation, questions the plaintiff, the accused and any witnesses or experts, then requests a sanction
- Drafts decisions
Law clerk
- Assists the magistrate during the proceedings
- Analyzes files and conducts legal research
- Writes draft decisions
Clerk
- Organizes and schedules hearings
- During the hearings, ensures the recording of the minutes simultaneously
- Manages the administrative follow-up of the proceedings
