These special courts, while they remove the competence that is granted to lay juries by law, nevertheless diverge from one country to another as regards the extent to which they constitute a breach of the common law. ... Although they have the same objectives, these two courts have fundamental differences. ... Consequently, these special courts do not always appear to have a sound legal basis due to the fact that they constitute a breach of the common law. ... Article 38 nevertheless specifies three derogations to this fundamental principle: offenses carried out by minors (minor offenses Ar...

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• Grade Level: Graduate