The Code of Criminal Procedure underpins the functioning of the criminal justice system in Syria, which has its own courts, similar in structure and hierarchy to the civilian justice system. The Attorney-General is responsible for prosecutions on behalf of the State and reports to the Minister of Justice. The Constitution provides for an independent judiciary. The ordinary judiciary is independent; However, State Security Courts are not fully independent of the executive. Civil and criminal courts are subordinate to the Ministry of Justice. [2] Defendants before these courts are entitled to legal representation of their choice; The courts appoint lawyers for the indigent. [2] The defendants are presumed innocent; They are allowed to present evidence and confront their accusers. [2] Court proceedings are public, with the exception of minor or sexual offences. [2] Defendants may appeal their conviction to a provincial court of appeal and finally to the Court of Cassation.

[2] Such appeals are difficult to win because courts do not provide verbatim copies of cases, but only summaries prepared by presiding judges. [2] There is no jury. [2] As is customary in any judicial system, judicial proceedings are presided over by judges. While judges in common law jurisdictions typically start as lawyers before moving on to their judicial posts, Syria adopts the civil law tradition of preparing judges early for their careers. In this context, the Supreme Institute of Justice was established under the supervision of the Ministry of Justice to train judges, prosecutors and court personnel in their respective professions. Once they have acquired all the necessary qualifications, judges are appointed to their duties in accordance with the decisions of the SJC. The judicial system is supervised by the Superior Council of the Judiciary (CSM). The Law on Justice establishes the CSM, which is the main body responsible for the organization of the judiciary and, consequently, the judicial system. The tasks of the SJC include the appointment, dismissal and transfer of judges and the proper functioning of the judicial system.

The SJC is formally headed by the President of the Republic and the Minister of Justice, who acts as his deputy and effectively manages his affairs. During the consultations, we offered our participants a range of different governance systems. The majority (67.9%) leaned towards a parliamentary system, 9.5% towards a parliamentary-presidential system and 10.7% towards a presidential system. Over the years, several actors[4] have proposed and discussed a federal system, highlighting a fair and inclusive distribution of power between different regions. Participants were divided on what a possible federal system would look like, with 40.5% opting for a comprehensive federal system. Only 10.7% of our respondents were in favour of introducing administrative decentralisation, while 42.4% of Day After Project participants expressed a desire for such a political system. The discrepancy between these responses to possible administrative decentralization may be related to the different demographics of the two groups studied. The education system must prepare future generations for Arab unity, progress, freedom and socialism (Article 21). While research and development are a necessity for the growth of Arab socialist society, intellectual property and patent rights are fully protected by the State (Article 24). The Syrian judicial system is divided into a number of courts composed of civilian courts; criminal courts; administrative tribunals; the High Constitutional Court; civil status courts, which deal with family law issues based on a person`s religious background; military courts martial; the Juvenile Court, which adjudicates juvenile offenders; the Terrorism Court, established in 2012 during the current unrest; the substantive courts; banking courts; customs tribunals; consumer courts; labour tribunals, et cetera.

The Council of Ministers has recently adopted a bill to establish insurance courts specializing in insurance-related claims. Syria. 2021. Website. www.loc.gov/item/guide-to-law-online/syria/. Like the Small Claims Mandate in the Civil Courts, the Magistrates` Court also exists in its criminal counterpart. It consists of a single judge who hears offences similar to offences punishable by up to one year`s imprisonment or a fine. Only in the case of deprivation of liberty or a fine of more than SYP 100, already fixed in 1950, can the decision be appealed to the Court of Appeal. If the offence does not initially fall within the jurisdiction of the Magistrates` Court, the court of first instance is the criminal court of first instance in which a judge presides over offences punishable by imprisonment for more than one year. Judgments may be appealed to the Court of Appeal and, above all, to the Court of Cassation.

Investigating judges can also investigate crimes considered significant. It should also be noted that the jury system does not exist in Syria. This includes a definition of the system of government as republican (Article 2); Arabic is the official language of the State (art. 5); Members of Parliament are democratically elected by the nation (Article 10). In addition, article 3 states that the religion of the President of the Republic is Islam and that Islamic law is an important source of legislation. The following report examines possible systemic changes that could take place as a result of the new or amended Syrian constitution, taking into account the views of Syrians from minority communities who do not feel heard. They express their views on how they intend to structure systems of government and justice, on the role that religion will play in constitutional and legal systems, and on how an independent and impartial judiciary should be organized and governed. Embedding their ideas into governance structures is a crucial step in creating a constitution based on popular approval. The Syrian legal system is based partly on French law and partly on Syrian law.

The investigating judges decide whether a case should be tried. Minor offences are dealt with by the justice of the peace, while more serious cases are dealt with by the courts of first instance. There are civil and criminal courts of appeal, the highest being the Court of Cassation. Separate state security courts have jurisdiction over activities that affect government security. In addition, Sharia courts apply Islamic law in civil status cases. The Druze and non-Muslim communities have their own religious courts.