In penal matters the county judge may pass sentence upon all crimes not libellous; for these the sentence cannot exceed three months of prison, one year of exile, or $200 fine.
Lawsuits of executive proceedings are also tried before the county judge, provided they concern household goods. Further, the county judge may preside over family councils and decide questions of guardianship for children and feeble-minded people. It is not necessary that the defense before the county judge should be conducted by an advocate or solicitor, but, in civil or commercial cases, it is sufficient to have a citizen who is considered capable on the authority of the judge.
Tribunals.— The members of the judicial authority, named tribunal, are called judges and county judges (prattors), and assistant judges can be nominated judges after several years of service. In each district there is a tribunal. The tribunal comprises, in civil and penal cases, three members, and in the largest towns, where the number of trials is great, it is divided into sections. The chief of the tribunal is called president. In the first instance the tribunals try all cases, civil, commercial and criminal, ex ceeding the competency of the county judge. This limit has already been indicated. They also try heavier criminal and libel cases. The tribunes appeal cases sentenced by the county judge in the first instance as well as civil, commercial and penal matters.
In civil cases tried before tribunals each suitor is obliged to have the assistance of a solicitor. Even If the plaintiff and defendant wish to appear and represent their causes per sonally they are always assisted by a solicitor who can interfere if, according to the presi dent's opinion, the quarrelling parties are either too inexperienced or too angry to continue.
In criminal cases the accused must be de fended by a lawyer. At every tribunal there must be an attorney of the people, who is called solicitor for the king. In criminal cases this pttblic minister represents human society which punishes the crime, and if he thinks the sus pected man is guilty, he makes the accusation and requests from the judge his condemnation. If, on the contrary, he believes in the innocence of the accused or has knowledge of some ex tenuating circumstances he can demand of the public ministry his release. The presidents of tribunals and the prosecutors for the king are magistrates of equal degree.
Appellate Courts.— Every appellate court consists of at least two sections, one for the penal cases, and one for civil cases. Where, on account of a larger population, the number of cases is greater, there are more sections. The members of the appellate court are called counsellors and are of the same rank as the president of the tribunal. At the head of each of the sections composing the court, there is a president. The latter is equal in rank to the counsellors of the court of cassation, while the first president of the appellate court is a de gree higher than the counsellor of the court of cassation. Before the appellate court are brought, on appeal, all penal and civil cases judged by the tribunals in the first instance. In civil cases the court comprises five mem bers; in penal cases, four members. Every appellate court has an of the public ministry represented by a general solicitor of the king and by one or more substitutes, ac cording to necessity. Matters of ordinary juris diction can be appealed before the appellate court, and here is heard, also, the opinion of the public minister, and it is decided upon by the members in council.
These courts are exclusively for penal cases, and are distinguished from all others because there are co-operating judges, called who are selected by lot from a list of citizens, which is revised every year. For each session 30 jurors are selected, from these are chosen 14 for each case. Out of these 14, 12 are acting jurors and two surrogate jurors, in case one of the acting jurors should be absent during the trial.
There are one or more courts of assizes for every appellate court district. They sit gen erally twice every year, in spring and in autumn. But, if necessary, there are extra sessions. The court of assizes is presided over by a magis trate who is counsellor of the appellate court or president of the tribunal. The court of assizes is competent to judge all political crimes and all of the other more serious crimes which receive the penalty of more than 10 years in the penitentiary. The jurors pronounce the sentences based upon the facts which constitute the accusation, without manifesting reasons, but merely by a yes or no given after a secret consultation. The jurors being 12 in number, the majority decides, but in cases of equal votes, the verdict which is favorable to the accused is the one taken.