Basic principles:
- Civil claims: shinobi are primarily under the jurisdiction of the civilian courts for civil claims not arising from their duties. If a civil claim is an aspect related or intimately related to a mission liability, then the special civil claims court of Konoha exercises primary jurisdiction over the plaintiff’s claim, regardless if the plaintiff is civilian or shinobi.
- Criminal claims: shinobi are under the exclusive jurisdiction of the shinobi criminal courts. No exceptions.
- Special proceedings: generally, the special civil courts of Konoha exercise concurrent jurisdiction with the civil courts of fire country.
The Courts of Konoha
- The first step in settling disputes are first to undergo compulsory arbitration with the arbitration body. Here, you have an informal setting, and mediators (usually chuunin, where the executive arbitrator is a jounin) find ways to make the parties settle their claims without going to court. Almost 80% of issues are settled at this level.
- First Tier Court: equivalent of your municipal courts.
- Appeals Court: equivalent of your regional courts and court of appeals combined.
- Hokage’s Court: equivalent of your supreme courts. This high-level court disposes of all matters with finality, and usually only exercises its power to review cases selectively. It’s rare that a case ever reaches the final court. The appeals court usually dispenses with most cases already.
Legal Education
- You actually have shinobi lawyers. They are designated with the rank of Tokubetsu Jounin, and they specialize with legal problems for civilian and shinobi aspects of Konoha. To be a tokujo specializing on legal problems, you have to have an impressive academy track record and on-hand experience with the arbitrations courts. Note that these shinobi are jounin and all have quite an experience in the missions field.
- Magistrates are appointed from this class of shinobi. Their group usually prepare a list and submit it to the Hokage. The Hokage makes the appointments and is confirmed by the clan leaders (this during Hashirama and Madara’s time).
The ANBU
- The ANBU only answer to the jurisdiction of the Hokage’s Court for all kinds of claims against them.
The KMPF
- Claims against KMPF are coursed through the regular courts and follow regular procedure.
A Brief Idea of Penalties
- The main penalty for criminal offenses in Konoha consist of imprisonment. Depending on the gravamen of the offense, imprisonment can have accessory penalties like suspension, forfeiture of benefits or discharge from service.
- The capital punishment of death is inflicted in exceptional circumstances. It usually involved decapitation. The convict will always be given the option of committing seppuku instead, in case the crime demands death penalty.
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