Judiciary

The supreme body of the judiciary is the Democratic Court, whose supreme judges can be appointed and dismissed by the president. These judges are bound only by the Constitution, but the President supervises the case law of the Democratic Court. Subordinate to the “Democratic Court” are the provincial courts (one court in each province) and local district courts. Furthermore, the Attorney General is part of the “Democratic Court of Justice”, to which the district attorney’s offices are subordinated, which are also responsible for the respective district courts in the district.

With the independence of Tukastan, the first orientation was towards Russian law, which included influences of Romanesque law. After the glorious revolution, President Al-Hullain began to reorient Tukastan’s legal system. As a result, the reformed Tukastan legal system is in principle comparable to the legal systems of the Arab legal system, but its content is shaped by the letter of the soul of President Al-Hullain (“Ruhnama”). For this reason, the judiciary is not only legitimized by the state, but also by the president, and consequently not independent. It is primarily a matter of judiciary law, which is shaped both by state laws and by moral ideas or rules of interpretation regarding presidential letters of the soul. Furthermore, the criminal law system is primarily oriented towards the success of the offence (e.g. bodily injury) and not towards the subjective orientation of the offender towards the offence (intent or negligence). The degree of intentionality only plays a role to a certain extent in the sentencing (the amount of the punishment).

Judges have a high authority in Tukastan, although in rural areas, in the absence of sufficiently qualified judges in judicial proceedings, the role of judge is assumed by local authorities, such as village leaders or officers. Since the law developed from the letter of the president’s soul, which is regarded as infallible, a judgement cannot be questioned in the sense of the Tukastan legal opinion. Therefore there is also no justification for the judgement. Basically it is a fast procedure in which both parties involved are heard and the judge then decides on the sentence. Usually high penalties are imposed, which have to satisfy all involved ones, whereby in the sense of the president also traditional forms of vigilante justice are to be prevented. That is why the death penalty is permitted in Tukastan, which is also carried out regularly. In addition to capital crimes, the death penalty is also provided for the smuggling of alcohol and drugs.