Annex II

Jurisdictional Chart

 

Judicial System

Purpose

Relevant Articles of the Constitution

Relevant

Codes

Decision-making authority or first instance tribunal

Prosecuting or initiating authority

Tribunal of Last Resort

Ordinary Criminal Justice System Processing of general criminal cases.

234

Code of Criminal Procedure Circuit courts (Cortes de circuito) Delegate Prosecutors (Fiscales Delegados) named before the various levels of ordinary courts, headed by the Office of the Prosecutor General of the Nation (Fiscalía General de la Nación). The Office of the Prosecutor General forms part of the Judicial Branch. Superior District Courts (Tribunales Superiores de Distrito) with cassation to the Supreme Court
Military Criminal Justice System Processing of cases involving crimes committed by members of the Public Forces (Army and National Police) "in active service and in relation with that same service."

221

Military Criminal Code Commander of the respective division, brigade, battalion, etc... in conjunction with the Consejos Verbales de Guerra which he names Commander of the respective division, brigade, battalion, etc... Supreme Military Tribunal (Tribunal Superior Militar) with cassation to the Supreme Court
Regional Criminal Justice System Processing of criminal cases involving particularly serious crimes, such as rebellion, terrorism and drug trafficking.

 

 

Code of Criminal Procedure

Regional courts (Cortes regionales) Regional Prosecutors (Fiscales Regionales) named before the Regional Courts, headed by the Office of the Prosecutor General of the Nation (Fiscalía General de la Nación) National Tribunal (Tribunal Nacional) with cassation to the Supreme Court
Contentious-Administrative Jurisdiction Take jurisdiction over administrative controversies and litigation arising from the actions of State agents and public entities. Serves as a legal means for seeking monetary compensation for the violation of a right by State agents.

237

Contentious-administrative Code, 82 Administrative tribunals Individual complainants Council of State (Consejo de Estado)
Disciplinary System Carry out disciplinary proceedings and sanctions against State agents, both civilians and members of the Public Forces (the Army and the National Police).

277

   

Delegate Procurators by region, by type of violation and by actors accused of commiting violation, headed by the Office of the Procurator General of the Nation (Procuraduría General de la Nación). The Office of the Procurator General forms part of the Public Ministry.

Delegate Procurators The Procurator General
Constitutional Jurisdiction Review complaints alleging the inconstitutionality of laws and decrees. Review the constitutionality of declaration of states of emergency and of treaties

241

   

Constitutional Court

Individuals or the Government Constitutional Court

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