Updated July 23, 2021 215 Author: Dmitry Petrov
Hello, dear readers of the KtoNaNovenkogo.ru blog. In a rule of law state there are three independent branches of government: legislative, executive and judicial.
The latter is designed to protect the rights and interests of citizens when other means have been exhausted. And justice is an activity during which the court (what is this?) resolves a conflict situation.
But due to the shortcomings of the system and judicial errors, the result is not always fair. In this article you will learn what justice is and what problems make this institution imperfect.
Justice is...
To the question of what justice is, legal scholars (A.S. Beznasyuk, I.V. Gubenok, I.G. Kazakov) give different answers.
But the narrow interpretation enshrined in the Constitution is considered generally accepted in Russia (what is it?). Article 118 of the Basic Law states that justice in the Russian Federation is carried out only by the court . That is, even law enforcement agencies are not included in the circle of persons (what is this?).
In a narrow sense, justice is the activity of the court to resolve disputes. Civil, criminal, administrative and any other legal matters. The judge summons participants to the court, conducts interviews, examines evidence, resolves motions, and makes decisions. All these actions are called justice.
The broader interpretation is more difficult to understand.
According to it, justice is the application of law to fairly resolve a conflict. And not necessarily within the framework of a judicial institution.
Then the circle of subjects (what is this?) includes law enforcement and enforcement agencies:
- inquiries;
- preliminary investigation;
- prosecutors (as state prosecutors);
- bailiffs.
Also, lawyers and conciliators take part in the administration of justice (in a broad sense). All subjects pursue one goal - to achieve justice through law.
But one should not confuse justice and lynching of a citizen. In the latter case, although a person wants to restore justice, he acts contrary to the law. Thus, he does not have the right to beat an enemy out of revenge, because according to the Criminal Code of the Russian Federation, intentional infliction of bodily harm is a crime.
Justice: concept and its principles
Justice is one of the areas of state activity, which is an exclusive function that constitutes the content of the judiciary. This is the activity of the courts, carried out by considering and resolving civil and criminal cases in court sessions in accordance with the procedures established by law, that is, justice is carried out in a procedural manner.
The procedure for the administration of justice in the Republic of Kazakhstan, as well as the judicial system and status of judges are determined by the Constitution, the Constitutional Law “On the Judicial System and Status of Judges” dated December 25, 2000 and other legislative acts of the Republic of Kazakhstan.
The concept of “justice” is closely related to the concept of “judicial power”, but they are not equivalent. Judicial power is manifested in many actions of the court, so it is much broader than justice. Thus, the plenary session of the Supreme Court studies judicial practice and, based on the results of its generalization, considers issues of compliance with the rule of law in the administration of justice by the courts of the republic; adopts regulatory resolutions providing clarifications on the application of legislation in judicial practice. Regional courts keep judicial statistics, study judicial practice and, based on the results of its generalization, consider issues of compliance with the rule of law in the administration of justice by regional courts. In addition, in recent years, issues of expanding the control functions of the court over the pre-trial stages of the criminal process have been periodically discussed.
Judicial power is exercised in justice and provides for the consideration of specific cases in court sessions and the adoption of appropriate decisions by the court. Thus, the term “justice” means the implementation in a procedural manner in court sessions of proceedings within the competence of a given court of the relevant category of cases, and the resolution of issues arising from the execution of court sentences, decisions, decrees, etc.
Justice is a function of law enforcement that has a significant impact on the implementation of the most significant rights and legitimate interests of citizens, state and non-state organizations and officials. Therefore, to implement justice, humanity has conquered and formulated universal rules and regulations over the centuries that unify legal proceedings in order to protect the rights and freedoms of man and citizen. These universal provisions, based on the eternal values of justice, goodness, and humanity, are called the principles of justice.
The term “principle” comes from the Latin “principium” - basis, basis. We can say that the principles of justice are the foundation on which all legal proceedings are built.
The principles of justice are fundamental legal ideas enshrined in law that determine the organization, content: the essence and nature of legal proceedings. It should be emphasized that these legal ideas are mostly presented in the form of requirements addressed to participants in legal relations and are an important tool for their regulation.
The principles correspond to the prevailing ideas in society about the most rational and fair forms of justice; they are interconnected and form a system, all links of which are interconnected and only in their integrity and inseparability do they reflect the form and content of justice.
The principles of justice are usually classified:
1. According to their source, they are divided into constitutional - contained in the Constitution (the most general) and special - contained in the procedural law (Code of Criminal Procedure, Code of Civil Procedure).
2. According to content, they are divided into functional, reflecting the content side - the essence of justice, and organizational - providing for the procedure of legal proceedings.
Organizational (judicial) principles characterize the formation of the judicial system of the republic, in particular the formation of courts on the basis of appointment and irremovability of judges.
Procedural principles determine the essence of the administration of justice. This division is conditional due to the fact that the basic principles are interconnected, dependent and constitute a single system. Procedural principles, as a rule, are of an imperious nature; they contain mandatory instructions, the implementation of which is ensured by the entire arsenal of legal means.
The significance of principles in the administration of justice is determined by their enshrinement in the Constitution of the Republic of Kazakhstan.
So, in accordance with paragraph 3 of Art. 77 of the Constitution, when applying the law, a judge must be guided by the following principles:
1. A person is considered innocent of committing a crime until his guilt is recognized by a court verdict that has entered into legal force;
2. No one may be subjected to repeated criminal or administrative liability for the same offense;
3. No one can have the jurisdiction provided for by law changed without his consent;
4. In court, everyone has the right to be heard;
5. Laws that establish or increase liability, impose new duties on citizens or worsen their situation do not have retroactive effect. If, after the commission of an offense, liability for it is canceled or mitigated by law, a new law is applied;
6. The accused is not required to prove his innocence;
7. No one is obliged to testify against himself, his spouse and close relatives, the circle of whom is determined by law. Clergymen are not obliged to testify against those who have trusted them in confession;
8. Any doubts about a person’s guilt are interpreted in favor of the accused;
9. Evidence obtained illegally has no legal force. No one can be convicted solely on the basis of his own confession; application of criminal law by analogy is not permitted.
These principles are constitutional and uniform for all courts and judges of Kazakhstan. The principles of justice are not limited only to the ten principles listed above; their range is wider and forms a single system. All principles operate in inextricable connection with each other and each of them is a guarantee of the implementation of the others. The principles of justice are related to general legal principles, such as the rule of law, protection of individual rights and freedoms.
The system of general principles of justice includes the following principles:
1. Legality;
2. Administration of justice only by the court;
3. Independence of judges;
4. Administration of justice on the basis of equality of all before the law and the court;
5. Ensuring everyone the right to judicial protection;
6. Presumption of innocence;
7. Competitiveness and equality of the parties;
8. Publicity of the proceedings in court;
9. Ensuring the right to use one’s native language;
10. Protection of honor and dignity of the individual; spontaneity and oral proceedings.
The principle of legality is the core of the normal functioning of all public life, and therefore concerns the activities of all government bodies, officials and citizens. Legality is uniform and equally binding for all subjects of social relations. The principle of legality is a universal general legal principle, which consists in the strict observance and execution of the provisions of the Constitution, laws and other regulatory legal acts corresponding to them by all state and non-state bodies and institutions, officials and private individuals.
The principle of legality is a fundamental principle in the conduct of all judicial bodies. Therefore, the disposition of Article 78 of the Constitution of the Republic contains an important constitutional principle obliging the court not to apply laws and regulations that infringe on the rights and freedoms of man and citizen. If the court finds that such a law or other normative legal act to be applied infringes upon the rights and freedoms of man and citizen enshrined in the Constitution, it is obliged to suspend the proceedings and apply to the Constitutional Council with a proposal to recognize this act as unconstitutional.
Violation of the law by the court in cases is unacceptable and entails established liability, invalidation of illegal acts and their cancellation.
In civil cases, in the absence of rules of law governing a disputed legal relationship, the court applies rules of law governing similar relations, and in the absence of such rules, resolves the dispute based on the general principles and meaning of the law. If legislative acts or an agreement of the parties to a dispute provide for the resolution of relevant issues by the court, the court is obliged to resolve these issues based on the criteria of fairness and reasonableness.
Summarizing the above, we can come to the conclusion that the principle of legality in legal proceedings is a set of fundamental ideas and provisions of a democratic, rule-of-law state that enshrines the rights and freedoms of man and citizen in the Constitution of the Republic and laws containing regulations that must be strictly observed by all participants in legal proceedings.
The principle of administering justice only by the court means that the circle of bodies authorized to administer justice is strictly limited by the Constitution, paragraph 1 of Article 75 of which states that “Justice in the Republic of Kazakhstan is administered only by the court.” The administration of justice is carried out in a special legal regime, which creates such advantages in resolving cases and disputes that no other form of government activity has. This procedure contains the greatest guarantees for making a legal and fair decision. No other bodies or persons have the right to assume the powers of a judge. The appropriation of court powers by anyone entails liability provided for by law.
No one can be found guilty of committing a crime or subjected to criminal punishment except by a court verdict and in accordance with the law. The verdict and other court decisions in the case can be verified and revised only by the relevant courts in the manner prescribed by law. The competence of the court, the limits of its jurisdiction, and the procedure for carrying out criminal proceedings are determined by law and cannot be arbitrarily changed. The establishment of emergency or special courts under any name for the consideration of criminal cases is not permitted. Sentences and other decisions of emergency courts, as well as other illegally established courts, have no legal force and are not subject to execution.
The principle of independence of judges is a necessary condition for the implementation of justice, the most important guarantee of establishing the truth in the case. The independence of a judge is protected by the Constitution and the law. No one has the right to interfere with the administration of justice or exert any influence on the judge and jury. Such actions are punishable by law.
In order to ensure their independence, the Constitution of the Republic stipulates that judges should not belong to parties, trade unions, or support any party. The position of a judge is incompatible with a deputy mandate, with holding a paid position other than teaching, scientific or other creative activity, or with membership in the governing body or supervisory board of a commercial organization.
Any interference in the activities of the court in the administration of justice is unacceptable and entails liability under the law. Judges are not accountable for specific cases. Interference in the activities of the court is understood as any form of influence on a judge in order to prevent them from carrying out an objective and impartial hearing in a specific case. These types of interference, in particular, may include a direct instruction or indirect request on the part of a person to make a decision in favor of a specific party to the trial, the deliberate creation of conditions under which the judge is forced to make a certain decision, and other similar actions. It is also regarded as interference in judicial activity for the purpose of obstructing the administration of justice when government agencies or their officials take control of a case pending in court.
The judge is not obliged to give any explanations on the merits of court cases considered or pending.
The secrecy of the deliberation room must be ensured in all cases without exception.
Financing of courts, material support for judges, as well as the provision of housing for them are carried out from the republican budget in amounts sufficient for the full independent administration of justice.
The principle of administering justice on the basis of equality of all before the law and the court guarantees equality of rights and freedoms of man and citizen, regardless of origin, social, official and property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances.
The general legal principle of equality is provided for in Art. 14 of the Constitution of the Republic, according to which everyone is equal before the law and the court. Equality before the law is the equal application of provisions enshrined in legislation to all citizens. This means not only the provision of rights and their implementation, but also the imposition of responsibilities, the possibility of applying responsibility in accordance with legislative acts regulating the administration of justice.
Equality before the law means that no matter which court hears the case, it will be dealt with under the same procedural regime, with the same guarantees for everyone. The initiation of criminal cases, their investigation and consideration by the court in relation to all citizens are carried out on the basis of uniform principles, in a uniform manner.
The presence of certain deviations from the general rules of legal proceedings in relation to persons who have immunity from criminal prosecution does not contradict the essence of the principle of equality of all before the law and the court. The special procedure for bringing to criminal liability deputies of Parliament, the Chairman and members of the Constitutional Council, judges, the Prosecutor General of the Republic of Kazakhstan does not create any advantages for these persons in the course of criminal proceedings, but is an additional means of protecting them from violations of the law in relation to them and a guarantee of their implementation powers.
The principle of ensuring everyone the right to judicial protection is enshrined in Art. 13 of the Constitution of the Republic of Kazakhstan, which proclaims that everyone has the right to judicial protection of their rights and freedoms.
You can appeal against acts of an individual and general normative nature, collective and individual decisions and actions (or inaction). According to the law, a citizen has the right to appeal in accordance with the established procedure to the court against decisions and actions of bodies and officials committed in violation of the law. The state ensures access to justice and victims of crime. The law also provides for compensation to the victim for moral and property damage caused by a crime or an act of an insane person prohibited by the criminal code, by considering a civil claim in criminal proceedings.
In all courts and at any stage of legal proceedings, citizens are guaranteed the right to professional legal assistance. In cases provided for by law, legal assistance is provided free of charge. The suspect, the accused (and in the event of the death of the accused, his close relatives), who do not agree with the termination of the case on grounds that affect their good name, violate their rights, may demand a trial of the case for full rehabilitation. The body conducting the criminal trial, in particular the court, if there are grounds for doing so, has the right to exempt the suspect or accused, in whole or in part, from paying for legal assistance. In this case, the lawyer’s labor is paid at the expense of the state.
Thus, every interested person has the right, in the manner prescribed by law, to apply to the court for the protection of a violated or disputed right or interest protected by law.
The principle of the presumption of innocence postulates that everyone is considered innocent until his guilt in committing a crime is proven in the manner prescribed by law and established by a court verdict that has entered into legal force; no one is obliged to prove his innocence; irremovable doubts about the guilt of the accused are interpreted in his favor; a conviction cannot be based on speculation and must be supported by a sufficient body of reliable evidence.
The word presumption means an assumption that does not require proof. The presumption of innocence does not express the personal opinion of the judge, investigator, or prosecutor. This is an objective legal position, meaning that a person is initially innocent and does not need to prove or confirm his innocence: it is his property. At the same time, the presumption of innocence is rebuttable: the assumption of innocence is valid until, on the basis of sufficient, reliable evidence in the manner prescribed by law, guilt in committing a crime is established by a court verdict.
The principle of the presumption of innocence is formulated in paragraphs. 1 clause 3 art. 77 of the Constitution of the Republic of Kazakhstan and Art. 19 of the Code of Criminal Procedure of the Republic of Kazakhstan, which enshrines the main idea of the presumption of innocence: only the court has the right to find guilty, and it applies to the suspect, the accused, the defendant, as well as the convicted person in respect of whom the verdict has not entered into legal force. Compliance with the principle of the presumption of innocence is closely related to the immediate tasks to be resolved in procedural law - guaranteeing a high level of protection of human rights who find themselves in the orbit of criminal justice. The presumption of innocence is a guarantee for the accused against unfounded accusations and convictions; it permeates all legal proceedings and is subject to strict and strict observance.
The principle of adversarialism and equality of the parties lies in the structure of the trial in which the function of the prosecution is separated from the function of the defense and the function of resolving the case.
Article 23 of the Code of Criminal Procedure of the Republic of Kazakhstan for the first time legislates that criminal proceedings are carried out on the basis of the principle of adversarialism and equality of the parties to the prosecution and defense, which serves as a guarantee of respecting and ensuring the rights and legitimate interests of citizens involved in the sphere of criminal procedural relations. One of the important problems in adhering to this principle is to ensure equality of the parties, equality of methods and means of proving the circumstances justifying a certain position of the participants in the process. The court must create such conditions for the parties that they have equal opportunities to defend their position, chosen by them independently, regardless of anyone else. A judge who infringes on the rights of one of the parties cannot be considered objective.
Competitiveness presupposes:
1. The presence of two parties competing with each other (the prosecution and the defense);
2. Certain conditions of competition that place the parties on equal terms, that is, equality of certain rights and obligations of the parties (criminal procedural rules that prescribe a certain nature and procedure for participants in criminal proceedings);
3. The presence of an arbitrator who monitors the parties’ compliance with the terms of the competition and makes the final decision (a court that performs the function of resolving a criminal case).
The principle of publicity of court proceedings ensures open proceedings in all courts and at all instances. This principle also enshrines the constitutional provision that “everyone has the right to be heard in court.” Publicity presupposes the availability of participants in the process to all materials of the case, including those obtained during operational investigative activities, familiarization of the parties with the received complaints of other participants in the process, awareness of the time and place of consideration of the case in court of any instance, the creation of a unified database of documents that have entered into legal force sentences and court decisions and free access to them, availability of information on the execution of judicial acts.
Limiting the publicity of court proceedings is permitted only when this is contrary to the interests of protecting state secrets. Closed trial, in addition, is allowed by a reasoned court order in cases of juvenile delinquency, in cases of sexual offenses and other cases in order to prevent the disclosure of information about the intimate aspects of the lives of persons involved in the case, as well as in cases where security interests require this victim, witness or other persons involved in the case, as well as members of their families or close relatives.
In a closed court session, complaints against the actions and decisions of the body carrying out criminal prosecution that are resolved by the court at the pre-trial stage of the process are also considered. These restrictions specify the provisions provided for in Art. 18 of the Constitution of the Republic, which states: “Everyone has the right to privacy, personal and family secrets, protection of his honor and dignity.” At the same time, regardless of this limitation, the court verdict and decisions adopted in the case are in all cases proclaimed publicly.
Persons participating in the case and citizens present at an open court hearing, with the permission of the court, have the right to record in writing or using audio recording the progress of the trial, taking into account the opinions of the persons participating in the case.
Since 2007, a unified automated information and analytical system of judicial bodies has been operating in the courts of the republic. The introduction of modern means of recording judicial information will contribute to the implementation of the principle of competition in legal proceedings.
The principle of ensuring the right to use one’s native language is based on the constitutional provision that legal proceedings in the Republic of Kazakhstan are conducted in the state language, and if necessary, Russian or other languages are used in legal proceedings on an equal basis with the state language. Proceedings in the same case are carried out in one of the languages of the proceedings, established by a resolution of the body conducting the trial.
The principle of ensuring the right to use one’s native language determines the solution of such important issues for justice as:
1. Accessibility of the court to the population;
2. Guaranteeing the importance of exercising the rights of participants in legal proceedings;
3. A prerequisite for the implementation of the principles of competition, publicity, orality.
Persons participating in the case who do not speak or have insufficient knowledge of the language in which the proceedings are conducted are explained and ensured the right to make statements, give explanations and testimony, file petitions, bring complaints, get acquainted with the case materials, speak in court in their native language or another language they speak and use the services of a translator for free. Also, free translation into the language of legal proceedings of the case materials required by them within the framework of the law, presented in another language, is provided.
Court documents are served on persons participating in the case, translated into their native language or another language that they speak. At the same time, for persons who do not speak the language of legal proceedings, a certified copy of the document written in the language of legal proceedings chosen by these persons is attached.
The procedural law guarantees the implementation of established rules on the language of legal proceedings not only in the court of first instance, but also in the stages of appeal and supervisory proceedings.
The principle of protecting the honor and dignity of the individual is enshrined in Art. 17, 18, 34 of the Constitution of the Republic of Kazakhstan, according to which: “human dignity is inviolable. During legal proceedings, actions and decisions that humiliate the honor or diminish the dignity of a person participating in the process are prohibited; the collection, use and dissemination of information about personal life, as well as personal information that a person considers necessary to keep secret, for purposes not provided for, is not allowed. by law. No one should be subjected to torture, violence, other cruel or degrading treatment or punishment”, “everyone has the right to protection of his honor and dignity”, “everyone is obliged to respect the rights, freedoms, honor and dignity of others.
Dignity is the recognition by the state of the social value of a particular person, the importance of each individual as a member of society. Human dignity refers to natural human rights and it is inalienable, it is not transferable to anyone. It is guaranteed and protected by the Constitution - the right to freedom and personal security, the right to protection of honor and good name, etc. (Articles 16-18). The protection of personal dignity is carried out by the state.
The laws contain a sufficient number of norms considering all acts of torture as crimes, their inadmissibility during the criminal process, as well as the execution and serving of punishment. The principle of respect for the honor and dignity of the individual is enshrined in Art. 13 Code of Criminal Procedure of the Republic of Kazakhstan. According to this article, during criminal proceedings, decisions and actions that humiliate the honor or belittle the dignity of a person participating in a criminal proceeding are prohibited.
A similar rule exists in Article 9 of the Code of Civil Procedure of the Republic of Kazakhstan, which states that during civil proceedings, decisions and actions that humiliate the honor or belittle the dignity of a person participating in a civil case are prohibited. Moral damage caused to a person during civil proceedings by illegal actions of state bodies and officials is subject to compensation in the manner prescribed by law.
The principle of immediacy and orality of the trial is closely related to the principles of adversarial and publicity, since the latter cannot be implemented outside the conditions of orality and immediacy of the trial. By virtue of the principle of immediacy, the court is obliged to make all its conclusions contained in the decision or sentence only on the basis of evidence examined by the court itself at the trial. This means that only in the presence of special circumstances is it permissible to replace the interrogation of a defendant, witness or other person with the reading of protocols of their previously given testimony.
The oral nature of the trial implies that the evidence must be received orally by the court and discussed in the same form by the participants in the trial. The documents in the case are read out loud and the parties' debates are carried out orally.
Principles of justice
The principles of justice are the fundamental rules that the activities of courts should ideally comply with. They are enshrined in the Constitution of the Russian Federation and some laws.
The following are the basic principles.
- Legality . The judge makes a decision based on legal norms. You cannot break the law, even if it seems unfair.
- Execution only by the court . The inquiry officer, investigator and no other officials can resolve the dispute on its merits. For example, sentencing a person to criminal liability or making a decision to collect a debt.
- Independence of judges. Higher authorities and representatives of other branches of government should not dictate to the judge what decisions should be made.
- Equality of all before the law and court. During the trial, no participant has privileges. The general “rules of the game” apply to everyone.
- Competitiveness of the parties. The court is not obliged to seek and present evidence. This is the task of the plaintiff and the defendant. And the court is already analyzing and giving an assessment.
There are industry principles that are valid only in certain types of legal proceedings. For example, in criminal proceedings there is a presumption of innocence. Until the guilt of the suspect is reflected in the court decision, the person is considered innocent.
Objectives of legal proceedings
The objectives of civil proceedings are the correct and timely consideration and resolution of civil cases in order to protect violated or disputed rights, freedoms and legitimate interests of citizens, organizations, rights and interests of the Russian Federation, constituent entities of the Russian Federation, municipalities, and other persons who are subjects of civil, labor or other legal relations. Civil proceedings should help strengthen law and order, prevent crime, and foster respect for the law and the court.
Let's take it in order.
The Civil Procedure Code of the Russian Federation (hereinafter referred to as the Civil Procedure Code of the Russian Federation) poses the following tasks.
Firstly, the consideration and resolution of civil cases. Thus, the Code of Civil Procedure of the Russian Federation obliges the courts not only to consider the case (listen to the parties and read the documents), but also to consider it. This means that if any problem has been brought to justice, it must be resolved. In this case, the problem or situation must be resolved correctly and in a timely manner.
Secondly, justice must help strengthen law and order. Legality in society is the rule of law, which guarantees the protection and security of the individual, as well as the opportunity to freely exercise one’s rights.
Law and order is the conscientious, and not always voluntary, observance of the law by citizens. Thus, without legality there is no legal order.
Thirdly, justice must help prevent crime.
Fourthly, justice must form a respectful attitude towards the law and the court.
What rules and instruments are endowed with civil justice in the Russian Federation?
In accordance with Article 195 of the Code of Civil Procedure of the Russian Federation, a court decision must be legal and justified. This means that the result of justice, a conclusion regarding a given problem, must be based on the rules of the law with a clear justification for the application of a particular rule of law.
Problems of Russian justice
In Soviet times, in cases of political crimes, the principle of administering justice only by the court was sometimes violated. Although the latter was enshrined in the 1936 USSR Constitution. Citizens were condemned by non-judicial bodies: “special meetings” and “troikas”. The cases never came to trial.
Today, lawyers' complaints largely boil down to accusatory bias in criminal justice. In 2018, only 0.24% of acquittals were pronounced in the Russian Federation. Obtaining the “suspect” status is an almost 100% guarantee of moving to the “guilty” status.
Another problem is the high workload on judges and staff (low number of personnel). In many judicial institutions, employees are forced to consider a huge number of disputes every day, stay late at work, and work on weekends.
There is not enough time for a detailed study of the case materials, selection of the legislative framework and evaluation of evidence, which leads to judicial errors . Also, due to the high workload, the staff does not have time to process letters and petitions from citizens, which leads to numerous complaints.
Other shortcomings of Russian justice, scientists call corruption (what is it?) and the dependence of the courts on the executive authorities.
That is, the bulk of problems arise due to illiterate organization and subjective factors. Although the legislative framework looks harmonious and logical.
Administration of justice - legal proceedings
Yes, on the one hand, all people can administer justice, but still this process must be professional, because in essence, justice is a process when two situations are compared and as a result of the comparison a conclusion is drawn. For example, one person took the money, and the other does not give the money back - two situations, and an ordinary person concludes: “I must give it back!” So the justice process has taken place! But the question is, how fair and legal is it? It is illegal and unfair!
Why is it illegal? Because only the court can administer justice, and an ordinary person does not have the corresponding powers.
