What is Procedural Law?

What Does Procedural law Mean

Procedural law is a branch of public law that contemplates the set of norms , codes and forms of the judicial process , that is, it orders and regulates the requirements, effects and methods in which the State imparts justice .

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The procedural law contemplates the mechanisms, modes and procedures that the law stipulates to correctly and formally resolve the disputes raised by the parties in dispute , through a method and a decision that abide by the facts stated and proven and what is contemplated by the applicable law. .

In this way, procedural law is divided into two branches: civil and criminal.

  • Civil procedural law. It has to do with disputes that occur within the framework of society and that require the just decision of the State to be resolved, without involving punishable violations of the law .
  • The criminal procedural law. Instead, it has to do with the administration of justice when laws have been broken and an action of justice is necessary to impose a punishment and / or carry out reparation.

Finally, procedural law is unique, instrumental and autonomous, and is part of public law because it contemplates the interests of the community , and not only those of individuals.

See also: Criminal law

Sources of procedural law

Procedural law has as sources, generally, comparisons between two or more models of administration of justice (comparative law). In this sense, the sources can be of three types:

  • Formal sources. When it comes to norms accepted by the positive law in question.
  • Historical sources. When it comes to repealed norms that constitute the legal past of a nation .
  • Material sources. When it comes to jurisprudence written in explicit treaties such as the Constitution and the Laws and Procedural Codes.

It can help you: Sources of law

Importance of procedural law

Procedural law is key to the existence of solid institutions in the State.

Procedural law is fundamental in the search for justice and peace by societies. Its doctrine is precisely the one in charge of guaranteeing fairness, objectivity, the conformity of justice procedures with the general framework of the law, and this is key to the existence of solid institutions in the State.

A robust State, in which all its citizens believe, is the basis for a fairer and more peaceful society, in which there is no need to mistrust those who exercise justice, there are no errors in the process of imparting it, and it is possible to trust in the system.

Examples of procedural law

Examples of the application of procedural law are the order of the day. When we watch a television series about policemen and criminals , we notice that whenever justice is delivered there are a series of protocols , formal procedures and events that occur in a similar way and regardless of the type of crime committed or the perpetrators of it. Procedural law refers to this type of procedure.

Another possibility of verifying this occurs when we witness the dynamics of a public trial as witnesses , and we can appreciate the figures contemplated in the procedural law of the country, such as judges, courts, defense attorneys, prosecutors, etc.

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