Judgment Reviews Law at Guinea
In Guinea, the legal framework for judicial review is primarily governed by the 2010 Constitution and the Code of Civil, Economic, and Administrative Proceedings. The judicial system is based on French civil law, customary law, and decrees, with legal codes currently under revision
Judicial Review Mechanisms in Guinea
1. Appeal for Annulment (Cassation)
This is an extraordinary remedy aimed at ensuring uniform interpretation and application of the law. It can be lodged in two forms:
In the interest of the parties: Applicable when there are issues such as incompetence of the court, abuse of authority by the judge, or violations of procedural or substantive rules.
In the interest of the law: Applicable when there are procedural violations by all parties involved
2. Appeal for Revision
This remedy allows for the correction of judgments based on new evidence that could significantly alter the outcome. Grounds for such an appeal include:
Discovery of the so-called victim alive after a murder conviction.
A witness being found guilty of false testimony in another case.
Another suspect being convicted for the same offense for which someone else had been sentenced.
Any other evidence that reveals the innocence of a previously convicted person
3. Supreme Court's Role
The Supreme Court of Guinea serves as the highest judicial authority, ensuring the uniform interpretation of Guinean legislation. It reviews judgments from lower courts to ascertain whether the law has been correctly applied. The Court is divided into three chambers:
Constitutional and Administrative Chamber: Handles matters related to the constitutionality of laws and international agreements, executive excesses, and jurisdictional conflicts between the executive and legislative branches.
Civil, Penal, Commercial, and Social Chamber: Reviews appeals for annulment in civil, penal, commercial, and social matters.
Chamber of Accounts: Focuses on financial matters and the auditing of public funds
4. High Court of Justice
This court is responsible for adjudicating cases involving high-ranking officials, such as the President of the Republic for high treason and Cabinet Ministers for crimes and misdemeanors committed in the exercise of their functions. Decisions made by the High Court of Justice are not subject to appeal
Conclusion
Guinea's judicial system provides several avenues for the review of court judgments, ensuring that legal errors can be rectified and justice is served. These mechanisms reflect the country's commitment to upholding the rule of law and maintaining judicial accountability.
RELATED Blog
0 comments