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Aruba

Legal System

 

The foundation of Aruba’s legal system is the civil law system, which is in use throughout most of the world and is very similar to the Dutch criminal justice system. The main difference between their system of law and the common law system is the fact that they do not have juries or grand juries and as such investigations by the police and prosecutors are checked and balanced by a judge of the Court of First Instance. The investigating judge is responsible for all interrogations of witnesses during the investigation of the crime. While the trial itself is conducted and decided (including sentencing) by a second judge and the final verdict may through the Court of Appeals.

 

Civil law, also called Continental law or Romano-Germanic law, is the most prevalent legal system in the world. The main difference between civil and common law is that that common law draws abstract rules from specific cases, whereas civil law starts with abstract rules, which judges must then apply to the various cases before them. In other words, historically speaking, common law is based upon traditions and laws are codified following court rulings. On the other hand, in the case of civil law, laws are first codified and then applied.



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