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Article 116 of the Constitution and Article 2 of Law on Structure and Competencies of Courts

(2005) establish the judiciary as an independent organ of the state.

The Supreme Court (Stera Mahkama)

The Court of Appeals (Mahakem Estinaf)

Primary Courts (Mahakeme Ebtedaje

Primary Courts

Article 40 of LOCJ establishes the following courts of first instance in the circuit of the courts of

appeals.

1. Urban Primary Courts2. Juvenile Courts3. Commercial Courts4. District Primary Courts5. Primary Courts for Personal Status

General Competencies:

Articles 48 of LOCJ gives the District Primary courts to adjudicate cases of regular criminality

and private law cases as well.

Urban Primary Court are composed of five chambers

1. The chamber of criminal law2. The Chamber of private law3. The chamber of public rights4. The chamber of public security5. The chamber of traffic violations

Exclusive Competencies:

Article 46 of LOCJ establishes exclusive competencies for commercial cases, criminal cases

concerning public security and public rights cases

Commercial law has to be established in each provincial capitals, otherwise the Chamber ofPrivate law has jurisdiction in the case.

Crime against public security in the Chambers of Public Security. The Chamber of Public Rights

handles cases of public rights.

Exclusive competencies related to juvenile cases and public criminal law.

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Juvenile courts in each provincial capitalArticle 26 of the juvenile code and Articles 44 of

LOCJ

Supreme court can establish more further chambers within District primary courts and Urban

Primary courts after the approval of the president. Article 50 of LOCJ

Courts of Appeal:

Article 31 suggest establishment of a primary courts in each province. According to Article 32 of

LOCJ, have the following chambers:

1. Chamber of Criminal Law-Also Traffic Cases2. Chamber of Public Security3. Chamber of Private Law and Personal Status4. Chamber of Public rights5. Commercial Chamber6. Juvenile Chamber

Judicial members of each member shall not exceed 6 persons. Article 32. Supreme Court can

establish more chambers after endorsement of the president.

According to Article 35 and 6 of LOCJ, the verdicts of Court of Appeal are binding with regard

to the factual circumstances of the case

The Court of Appeal can:

1. Correct2. Overrule3. Amend4. Approve5. Nullify

Sentences of a lower court.

The Supreme Court:

The highest judicial organ and heads the judiciary of Afghanistan. Articles 116 of Constitutionand and 16 of LOCJ. Also serves and administrative body of the judiciary.

Composed of nine judges. Presidents appoints them for a term of 10 years after the approval of

the Wolosi Jirga. Prerequisites articulate in article 118 of the constitution.

Articles 117 prohibits appointment of judges for a second term.

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Impeachment: 1/3 of from the lower house have to demand trial of a member due to

commitment of a misdemeanor or a felony during the official duty. Majority of 2/3 have to

approve the request to dismiss the accused from office and send the case to a special court

established by law.

b. Adjudicative competencies:

Competencies related to the administration of justice

1. The review of conformity of laws, legislative decrees, and international treaties with theConstitution and their interpretation on request of the government.

2. Strike down laws and provisions on the basis that they are in contrary with Islam3. The proposal of legislation concerning the regulation affairs of the judiciary to the

national assembly via government.

4. The reopening of final judgments based on newly emerged evidence upon the request ofGeneral Attorney or the parties according to the provisions of the law.5. The competence to review the grounds of decision in cases of extradition of criminals,both Afghans and foreigners to a foreign state

6. The settlement of disputes between courts.Article 26. If a decision of the lower courts contradicts the law, or is mistake in its

implementation or interpretation, the Supreme court will overrule the decision and redeliver

it to the lower court in order to get a new decision.

According to article 18 of LOCJ, the Supreme Court has 4 chambers

1. The Chamber of Criminal Law2. The Chamber of Public Security3. The Chamber of Civil Rights and Public Rights4. The Chamber of Commercial Law

Administrative competencies:

Article 29 of LOCJ