- What is procedural law?
- Sources of procedural law
- Importance of procedural law
- Examples of procedural law
We explain what procedural law is and its two branches: civil and criminal. Sources of procedural law, importance and examples.
What is procedural law?
Procedural law is a branch of the public Law that contemplates the set of rules, codes and forms of the judicial process, that is, that orders and regulates the requirements, effects and methods in which the Condition imparts the Justice.
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 is based on the facts affirmed and proven and the provisions of 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 the 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 a reparation.
The procedural law is, finally, unique, instrumental and autonomous, and is part of public law because it contemplates the interests of the community, and not only those of individuals.
Sources of procedural law
The procedural law has as sources, generally, the comparisons between two or more models of management of justice (comparative law). In this sense, the sources can be of three types:
- Formal sources. When it comes to standards 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 When it comes to repealed norms that constitute the legal past of a nation.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 the jurisprudence written in explicit treaties such as the Constitution and the Laws and Procedural Codes.
Importance of procedural law
Procedural law is fundamental in the search for justice and peace by companies. His doctrine It is precisely in charge of guaranteeing fairness, objectivity, and the conformity of justice procedures with the general framework of the law, and this is key for the existence of solid institutions in the State.
A robust state, in which all its citizens They believe, it is the basis for a more just and more peaceful society, in which it is not necessary to mistrust those who exercise justice, there are no errors in the process of imparting it, and the system can be trusted.
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 lawyers, prosecutors, etc.