Lay judge: Difference between revisions

Revision as of 02:51, 23 August 2023

Revision as of 16:32, 24 April 2024

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{{Unreferenced section|date=November 2018}}

In Brazil, the Law Nº 9.099/1995 created the "Juizados Especiais" (Special Petty Courts), with restricted jurisdiction to settle small claims (understood as those with a "lawsuit worth" lower than 40 times the country's [[minimum wage]]) and/or criminal [[misdemeanor]]s (listed in the Executive Order Nº 3.688/1941). In this procedure, lay judges act under supervision of judges to preside over the court as well as to act as conciliators. Their decisions, called "''{{lang|pt|pareceres}}''", are submitted to the judge for homologation before it has any effects on [[inter partes|between the parties]]. According to the law, lay judges must be selected among [[lawyers]] with more than 2 years of experience.

=== Finland ===

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Lay judges are appointed by local municipal councils, in practice by negotiations between political parties, from among volunteers. Each municipality elects a number of lay judges depending on its size, with two as the minimum. The minimum qualifications are Finnish citizenship, full citizenship rights (a lay judge may not be a dependent or in bankruptcy), 25–64 years of age when elected, and general suitability for the position. Lay judges must resign at the age of 68 at the latest. Officials of the judicial, law enforcement or corrections authorities, such as prosecutors, attorneys, policemen, distrainers or customs officers, may not be elected as lay judges.

New legislation (2009) has limited the role of lay judges. They are employed only in serious criminal cases, which comprised 6% of cases in 2013, while 29% of cases were handled in writing and 65% with a single professional judge. Almost all (>94%) cases concerning homicide, child molestation and sabotage are handled withby lay judges.<ref>{{cite web|url=http://www.verkkouutiset.fi/kotimaa/lautamiehet-21889|title=Lautamiehet mukana enää 6 prosentissa rikosjutuista|language=fi|last=Ahtokivi|first=Ilkka|date=10 June 2014}}</ref> Formerly they always sat in, for instance, family law proceedings. On average, lay judges sit in session for 12 days a year, or 20 days at maximum.

=== Germany ===