Syrian Legal System

In the 19th and 20th centuries, the Syrian legal system evolved into the form it takes today, consisting mainly of secular and codified laws that serve as the main source of law. After present-day Syria was subjected to Ottoman rule and a French mandate for the first time after a short period of independence under King Faisal at the end of World War I, Syrian law was significantly influenced by the continental European model, which was based on the civil justice system. In this regard, the prevalence of codes covering a range of issues has become an essential feature of Syrian legislation, which began when the Ottomans introduced a number of Napoleonic codes in Syria before the French authorities imposed their 26-year mandate. While these foreign sources have affected the content of laws enacted in Syria, lawmakers in Damascus have also looked to Arab countries in the region, such as Lebanon and Egypt, to follow their lead in drafting laws. Family law matters in Syria are also governed by its own judicial system. The Code of Civil Procedure, which supplements the Civil Status Act, regulates the jurisdiction of Sharia courts in matters of civil status. Therefore, Sharia courts have jurisdiction over Sunni and Shia Muslims, while Druze, Christians and Jews have their own judicial structures. The judgements of these courts may be reviewed by courts of appeal for any religion or sect and, in certain circumstances, final appeals may be lodged with the Family Division of the Court of Cassation. There are other notable issues of Syrian law whose importance cannot be underestimated, as they are considered fundamental contributions to the Syrian legal system. These include the Civil Status Act adopted in 1953 and the Nationality Act of 1969. The Civil Status Law regulates the family affairs of persons according to their specific religious affiliation, while the Nationality Law sets out the criteria for holding Syrian citizenship and the circumstances under which foreigners can obtain Syrian citizenship, with preference for Arab applicants.

In addition, there is the Civil Society Act of 1958, which may soon be replaced by new legislation adapted to current local conditions. The last piece of legislation worth mentioning is the Environment Act, which amended the Act in 2012. More visible changes in economic policy began to emerge in the 2000s, when Bashar al-Assad came to power. His government began to seek legislation to move from a planned economy to market reforms aimed at increasing private sector investment. The Government officially adopted the concept of the social market economy as official policy in 2005. The result of all these economic reforms was the enactment of a series of laws that overturned the socialist policies of the Baath Party when it came to power in 1963. Indeed, the legal situation that encouraged private companies to participate in trade, industry, banking, insurance and other sectors that existed before the nationalizations of the late 1950s and early 1960s has returned to Syria, albeit under different circumstances, as the country had changed considerably over the past 40 years. However, this program has stalled since 2011, as growing unrest in Syria has led to a shift in priorities for all parts of society. Like the Small Claims Mandate in the Civil Courts, the Magistrates` Court also exists in its criminal counterpart. It consists of a single judge who hears offences similar to offences punishable by up to one year`s imprisonment or a fine. Only in the case of deprivation of liberty or a fine of more than SYP 100, already fixed in 1950, can the decision be appealed to the Court of Appeal. If the offence does not initially fall within the jurisdiction of the Magistrates` Court, the court of first instance is the criminal court of first instance in which a judge presides over offences punishable by imprisonment for more than one year.

Judgments may be appealed to the Court of Appeal and, above all, to the Court of Cassation. Investigating judges can also investigate crimes considered significant.

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