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ADMINISTRATION OF JUSTICE.
323
or a protest, (besvär), when it is from a lower or ordinary court to an
appeal court, and by lodging a protest, (besvär), or demanding a review,
(revision), when it is from a court of appeal to the High Court of Justice.
Appeal and review are generally allowed against final judgments in
civil cases, protests on the other hand against certain decisions arrived
at during the progress of the trial, and also respecting final sentences in
criminal cases.
Final sentences and decisions may as a rule always be appealed against in a
higher court. No claim to a "summa appellabilis" is warranted by the law. In
the case of review, however, the appellant is required to deposit a review-fee of
150 kronor, which is however refunded if the sentence be altered; otherwise it
accrues to the crown.
As far as the public prosecutor is concerned a final judgment pronounced by
a court of appeal in a criminal case can only be appealed against in obedience
to an authorization on the part of the Prosecutions Board.
All of those means of transferring a case to a higher court have in view a
renewed examination of the question at issue from beginning to end. There is
no means in existence whereby the question of law alone can be subjected
to investigation. Fresh evidence may be adduced before a higher court.
As already stated, the procedure in the higher courts is principally by means
of documents. If however the court deems it desirable, an oral examination of
the parties may be instituted, in connection with which witnesses may be called
in or other evidence be brought forward. When such oral examination takes
place, a record of what is elicited is kept, and upon it the final judgment is
based. Thus in a superior court the material upon which the judges can form
their decision consists of all the records of examinations of parties and witnesses
nnd the documents handed in.
Essential divergencies from the modes of procedure above described are
to be met with in the so-called extraordinary forms of procedure, which
for the most part occur in the courts of special jurisdiction. Of those
modes of procedure may be mentioned that for recovery of judgment
debt suits, those for cases falling under bills-of-exchange law and
maritime law, those of courts martial, liberty of press law, and finally
that characteristic of cases falling under the jurisdiction of the cathedral
chapters.
That section of the administration of justice that has to do with
carrying into effect judgments passed in civil suits, the so-called executorial
procedure, is entrusted to administrative authorities, the Superintendent
Executor and his Officer or Distrainor.
Before an execution can be set on foot, the existence of a special cause for
execution is requisite, i. e. the claim, on account of which the process is to be
carried out, must be established in a certain prescribed way. Such causes of
execution are, for instance, a judgment pronounced in a court of law, a sentence
in a judgment debt trial, an arbitration award, etc. A mere bond or similar
document is not on the other hand sufficient to warrant an execution being
carried out. If the claim to be carried into effect consists of the satisfaction
of some debt, the execution process commences with a distraint, such distraint
taking effect on the debtor’s property. The distrained goods and chattels are
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