What Is a Court Judgment?

What Is a Court Judgment?

With the increasing number of judicial cases, many individuals become involved in legal proceedings and encounter unfamiliar legal terms.

One such term is a court judgment. Court judgments are generally issued after judicial examination of a case has been completed.

Legal Validity and Effects of Court Judgments

Judicial Review of Civil and Criminal Cases

Criminal Cases

In criminal matters, offenses are classified as pardonable or non-pardonable. In pardonable offenses, the complainant prepares a formal complaint and refers it to the prosecutor’s office to request investigation and prosecution of the alleged offense.

In contrast, non-pardonable offenses do not require a complaint by a private claimant. In such cases, the public prosecutor, acting in the public interest, may initiate criminal proceedings and refer the case to an investigating judge for further inquiry.

Civil Cases

Judicial review of civil cases requires the filing of a formal petition with the competent judicial authority. During the preliminary stage of proceedings, the judge holds hearings in the presence of the parties and hears the claims and evidence presented by each side.

All cases brought before the court are examined by judges, and a decision is ultimately issued. Court decisions are rendered in the form of judgments or orders. If one of the parties fails to attend the court session, that party may object to or seek reconsideration of the issued decision, subject to procedural rules.

The Difference Between a Judgment and an Order

As noted above, court decisions may be issued either as judgments or orders. A decision qualifies as a judgment when it addresses the merits of the dispute or definitively resolves the case. Upon issuance of a judgment, judicial proceedings come to an end.

In civil cases, a judgment constitutes the final resolution of the dispute, whereas in criminal cases, it determines the punishment and its extent. A judgment may be issued only by a judge.

An order represents another form of judicial decision. Orders are generally temporary and issued for a specific procedural purpose. Under the Civil Procedure Code, if a court decision does not address the merits of the dispute or conclusively resolve it, it is considered an order. Accordingly, any decision that lacks the characteristics of a judgment is classified as an order.

Orders may take various forms, including the following:

• Preliminary orders.
• Final orders.
• Quasi-final orders.
• Interim or provisional orders.
• Non-final orders.

The main differences between judgments and orders include the following:

• Finality of the Case: A judgment results in the closure of the case and the termination of judicial proceedings. An order does not terminate the case and is generally issued to facilitate completion of the proceedings.
• Legal Effects: A judgment may result in financial penalties, imprisonment, or other legal consequences. An order does not typically impose such outcomes and may not result in any direct sanction.
• Subject Matter: A judgment requires the judge to examine and rule on the merits of the dispute. An order, by contrast, may be issued for procedural purposes, such as completing case information. It should be noted that while a judgment may only be issued by a judge, an order may be issued by a judge, a prosecutor, an assistant prosecutor, or other judicial authorities, depending on the circumstances.
• Issuance of a Court Judgment: A court decision is issued in the form of a written judgment. In essence, a court judgment is the written expression of the judge’s decision. In some cases, a judge may orally announce the decision in criminal or civil proceedings. However, such oral announcements do not constitute a court judgment, as a judgment must be issued in written form. To issue a judgment, the judge first drafts and signs the decision by hand. This original version is archived by the court, and a typed version is formally served upon the parties or their legal representatives. It should be noted that in recent years, court judgments have been served electronically. Individuals may also file complaints, submit petitions, and carry out other judicial procedures through the electronic judicial services system.

Frequently Asked Questions About Court Judgments