SO 2017-14 On Judicial Rights and Procedures ENACTED

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SO 2017-14 On Judicial Rights and Procedures ENACTED

Post by Abdoa on Fri Mar 10, 2017 1:47 am

SENATE OF THE PARLIAMENTARY UNION
 
SENATE ORDER 2017-14
 
On Judicial Rights and Procedures
 
ARTICLE I: Preface
In recognition of the spirit of Justice and the rights of the accused and the accuser, we hereby move to strengthen the Constitution and guarantee rights and liberties to the People by establishing these rights and procedures for Judicial proceedings.
 
ARTICLE II: Definitions
For the purposes of this bill and future bills, the following definitions are established:
1) “entity” is defined as a member of the Union, a political party, a representative of a foreign government, and/or a member of a foreign region who is not a member of the Union.
2) “crime” is defined as the violation by one or more entities of one or more clauses of an Act of Parliament which specify a punishment for their violation.
3) “accuser” is defined as the entity that has accused another entity of committing a crime.
4) “accused” is defined as the entity that has been accused of committing a crime by another entity.
5) “advocate” is defined as a nation who represents an accused and the accused’s interests in legal proceedings.
6) “Speaker of Parliament” is defined as the Prime Minister of the Union, who chairs Parliament.
 
ARTICLE III: Judicial Rights and Liberties of Citizens
Section A: Accusation and Rights of the Accuser
1) If a citizen has been victimized by a violation of established written law, they shall have the right to request that the Ministry of Jurisprudence (referred to here and in this section as later defined in Article IV, Section A of this document) to begin an investigation into the violation.
2) A:The Ministry of Jurisprudence will create a standard form to be used to file accusations pursuant to Article III, Section A, Clause 1 of this Document.
B: The Ministry of Jurisprudence will not consider an accusation to be a formal accusation unless it is submitted via the standard form.
C: The Ministry of Jurisprudence will only investigate formal accusations.
3) The accuser has the right to refuse to testify at a trial, but must submit a formal statement accusing the accused of their crime.
4) A: The accuser has the right to appeal a ruling if new evidence is found after the conclusion of a trial.
B: The accuser is limited to one appeal.
5) The accuser has the right to immunity from criminal charges for perjury or false accusations unless the accuser knowledge before the conclusion of the trial that the accusations were false can be proven.


Section B: Rights of the Accused
1) The accused has the right to defend themselves against the charges.
2) A: The accused has the right to one advocate.
B: The accused may request that the Citizen’s Advocate (as defined later in Article IV, Section III, Clause 2 of this document) serve as the advocate.  If such a request is made, the Citizen’s Advocate is compelled to fulfill it.
C: The accused may select themselves as their own advocate.
3) The accused has the right to the assumption of innocence until the court proves beyond a reasonable doubt that the accused did indeed commit a Criminal Offense.
4) The accused has the right to not be tried for the same offense more than once, unless the prosecution is granted an appeal.
5) The accused has the right to be notified of an accusation at least three days before the case is submitted to the courts for trial.
6) The accused shall not be punished for an offense until convicted for said offence.
7) The accused has the right to refuse to testify against themselves, and shall be notified of this before the trial begins.
8 ) The accused shall have the right to a trial by jury as per the Constitution, Article II, Section E, the Parliament shall act as jury for all cases in which the accused is not member of the Executive.

 
ARTICLE IV: Ministry of Jurisprudence
Section A: Establishment
1) The Ministry of Jurisprudence (hereinafter ‘the Ministry’) is hereby established to assist the Minister of Jurisprudence (hereinafter ‘MoJ’) to conduct judicial proceedings.
2) The Ministry shall be chaired by the MoJ, and all other officials within the Ministry shall be appointed by the MoJ or an official within the Ministry designated by the MoJ.

Section B: Minister of Jurisprudence
1) The Minister of Jurisprudence, as prescribed by the Constitution, Article III, Section E, Subsection 3, Clause b, shall aid the Parliament and Tribunals in their proceedings.
2) In addition, the MoJ shall coordinate and oversee the trials, and shall keep the peace and order in their proceedings.
3) The MoJ shall be responsible for executing all punishments recommended by the Parliament or the Tribunal.
4) The MoJ shall assign Citizen’s Advocates and Union Prosecutors (as defined in Article IV, Section III of this Document)
Section C: Offices
1) The Ministry of Jurisprudence may create offices to aid in judicial proceedings so long as these offices do not inherently violate an Act of Parliament or the Constitution.
2) A: The Office of the Citizen’s Advocate (also to be known as TOCA) shall be established to defend and advise an accused in cases of Criminal Offenses if such services are requested, while representing the accuser in cases of Civil Offenses.
B: TOCA shall be comprised of the Citizen’s Advocates, who shall be appointed by the Minister of Jurisprudence.
C: There shall be a minimum of one Citizen’s Advocate, and that shall increase by one for each one hundred (100) members of the Union. (50 members = 1 advocate minimum; 110 members = 2 advocate minimum;  279 members = 3 advocate minimum)
D: Should no Citizen’s Advocate be available to provide their services, the Minister of Justice shall appoint an Interim Citizen’s Advocate.
3) A: The Office of the Union Prosecutor (also to be known as TOUP) shall be established to represent the Union and prosecute the accused in cases of Criminal Offenses, while representing the Union in cases of Civil Offenses.
B: TOUP shall be comprised of the Union Prosecutors, who shall be appointed by the Minister of Jurisprudence.
C: The minimum number of Union Prosecutors shall be equal to the minimum number of Citizen’s Advocates defined in Article IV, Section C, Clause 2, Subclause D)
D: Should no Union Prosecutor be available to provide their services, the Minister of Justice shall appoint an Interim Union Prosecutor.
 
ARTICLE V: Criminal Offenses
Section A: Criminal Offense Classification
1) Crimes shall be classified into three groups: High Crime, Felony, and Misdemeanor.
2) All crimes outlawed by Acts of Parliament or the Constitution before the date of Ascension of this document shall be classified by the Ministry of Jurisprudence into one of the aforementioned classifications within thirty (30) days of the Ascension of this document based on the punishment prescribed by each document.
3) A: All future Acts of Parliament shall be required to specify the classification of Criminal Offenses.
B: Should an Act of Parliament become Law, define a new Criminal Offense, and fail to specify a classification, the Ministry of Jurisprudence will classify the crime within thirty (30) days of the Ascension of this document based on the punishment prescribed by each document.
4) The Ministry of Jurisprudence shall compile and maintain a public database, either in a dispatch or on the Regional Forums, of each Criminal Offense, its classification, and its prescribed punishment.
5) The Ministry of Jurisprudence shall compile and maintain an internal non-public database of all Criminal Offenses committed and the nation convicted of the Criminal Offense.
 
Section B: High Crimes
1) A High Crime is to be interpreted as the most severe type of Criminal Offense one can commit in the Union.  It is one directed to undermine the Constitution and the Union as a whole.
2) High Crimes shall be punishable by a ban of no less than one (1) year and at most, permanently.
3) All nations convicted of  a Criminal Offense classified as High Crimes shall permanently be ineligible to vote in elections or hold any position in the Government, Legislature, or Administration of the Union.
4) The crime of Treason is hereby a Criminal Offense and classified as a High Crime.
A: Treason is defined as a member of the Union providing material or informational support to a region attempting to carry out, attempting to carry out, or carrying out an action, on behalf of or at the request of another region, that would undermine the Constitution, the Government, the Administration, or the Legislature through means of preventing the enactment or enforcement of an official action, seizing a position within the Government, Administration, or Legislature without lawful election or appointment, or reporting information deemed Top Secret by the Founder or Prime Minister to another region.
B: Treason shall be punished by a permanent ban in all instances.
5) The crime of Sedition is hereby a Criminal Offense and is classified as a High Crime
A: Sedition is defined as a member of the Union attempting to carry out or carrying out overthrow a lawfully elected or appointed position through any means other than lawful election or uncoerced appointment, or attempting to levy war or rebellion through means of a lawfully elected or appointed position through any means other than lawful election or uncoerced appointment.
B: Sedition shall be punished by a permanent ban in all instances.

Section C: Felonies
1) A Felony is to be interpreted as a severe crime against a member of the Union, the Union as a whole, or contrary to the letter or spirit of the Constitution.
2) Felonies shall be punishable by a ban of no less than fifteen (15) days and at most, permanently.
3) All nations convicted of  a Criminal Offense classified as Felonies shall be ineligible to vote in elections or hold any position in the Government, Legislature, or Administration of the Union for a period of one hundred eighty (180) days to begin at the  end of the ban period.
4) The crime of Repeated Misdemeanor is hereby a Criminal Offense and classified as a Felony.
A: Repeated Misdemeanor is defined as the commission of three or more Criminal Offenses classified as Misdemeanors within a period of thirty (30) days.

Section D: Misdemeanors
1) A Misdemeanor is to be interpreted as a relatively minor crime against a member of the Union or the Union as a whole.
2) Misdemeanors may be punished with a ban of no more than fourteen (14) days.
3) A Misdemeanor is not to be punished with a punishment more severe than a ban.
4) The crime of Forum Spam is hereby a Criminal Offense and is classified as a Misdemeanor.
A: Forum Spam is defined as making a post extremely irrelevant to the respective topic, making a post that is very offensive or obscene, making a post that advertises for another region, making a post that intentionally targets and offends a specific nation or a group of nations or people, or making a post without authorization in a restricted thread.
B: Forum Spam shall be punished by at least a Written Warning and at most a forum ban of seventy-two (72) hours.  For the second and third offenses within thirty (30) days, a minimum of a Forum Warning to a maximum of a Forum Ban of seven (7) days shall be imposed.  For each subsequent offense after the third within thirty (30) days, the offender shall be subject to a Forum Ban of fourteen (14) days and a Ban of twenty-four (24) hours.
5) The crime of Punishment Evasion is hereby a Criminal Offense and classified as a Felony.
A: Punishment Evasion is defined as attempting to or succeeding to undermine the punishment imposed after a conviction of a Criminal Offense.
B: If the original punishment was a temporary Ban, RMB ban, temporary Forum Ban, or temporary Revocation of the Right to Vote or Hold Office, the length of the original period shall be matched.

Section E: Acceptable Punishments
The following punishments, in order of severity, are hereby listed.  No punishment not listed here may be imposed under any circumstances.
1) Revocation of the Right to Vote or Hold Office, Either Temporary or Permanent;
2) A Ban Period of More Than Fourteen (14) Days;
3) A Forum Ban Exceeding Thirty (30) Days (Except to Perform Official Activities);
4) A Ban Period of Less Than Fourteen (14) Days;
5) A Forum Ban Less Than Thirty (30) Days (Except to Perform Official Activities);
6) A RMB Ban of Less Than Seventy-Two (72) Hours;
7) A Forum Warning (Through The Official Warning System; Two Shall Warrant an Automatic Seventy-Two (72) Hour Forum Ban;
8 ) A Written Warning (via RMB Post).

Section E: Probation
1) Unless for the Criminal Offense in question an Act of Parliament has prohibited or already defined a similar process, the Ministry of Jurisprudence may elect to convert the final ten percent (10%) of a ban period to a period of Probation due to demonstrated rehabilitation.
2) Probation shall entail allowing the offender to return to the region but be subject to one or more lesser punishments.
3) The Offender shall still be subject to any punishments greater than a ban that were previously imposed.
 
ARTICLE VI: Criminal Trial
Section A: Parliament
1) Parliament shall preside over trials of Criminal Offenses pursuant to Article II, Section E of the Constitution.
2) Trials of Criminal Offenses shall be held in the Judicial/Trials subforum of the regional Forum.
3) The only persons permitted to post in the trial thread will be Members of Parliament, the Accused and their Advocate, the Union Prosecutor appointed to the case, witnesses, and any member approved by the Parliament.
4) Anyone who posts in a trial thread without authorization may be prosecuted for Forum Spam.
 
Section B: Accusation
1) If a member believes that a Criminal Offense has been committed, they may file an accusation with the Ministry of Jurisprudence pursuant to Article III, Section A, Clauses 1-3 of this Act.
2) The accusation will then be referred to TOUP for investigation.
3) If, upon the conclusion of its investigation, TOUP believes there is sufficient evidence of a Criminal Offense having been committed, TOUP will file a Request for Trial with the Speaker of Parliament.
4) The Speaker of Parliament will then summon the Parliament to the trial and call on TOUP to present their case to Parliament. The accused will also be summoned, and may call upon TOCA to advise and advocate on their behalf.

Section C: Trial
1) Step 1: TOUP will initiate the case by submitting all evidence and testimonials that a Criminal Offense has been committed to Parliament along with a statement brief explaining why Parliament should find that a Criminal Offense has been committed.
2) Step 2: The advocate for the accused will then respond by submitting evidence and testimonials that a Criminal Offense has not been committed to Parliament along with a statement brief explaining why Parliament should find that a Criminal Offense has not been committed.
3) Step 3: TOUP will then submit a response brief replying to the arguments included in the advocate for the accused’s statement brief.
4) Step 4: The advocate for the accused will conclude the case by submitting a response brief replying to the arguments and rebuttals included in TOUP’s statement and response briefs.
5) Steps 1-4 should be executed within one (1) week of the preceding step (in the case of Step 1, within a week of the summons of Parliament by the Speaker), otherwise the case will be considered closed.
6) After the completion of Step 4, the case shall be considered closed.
7) Within two (2) weeks from the completion of Step 4, the Members of Parliament will communicate to the Speaker of Parliament their respective opinions on whether a Criminal Offense has been committed.
8 ) After those two (2) weeks, if a majority of Members of Parliament have told the Speaker that a Criminal Offense has been committed, the Speaker will dismiss Parliament from trial and direct the Minister of Jurisprudence to apply the punishment prescribed by the law.
9) After those two weeks, if a majority of Members of Parliament have told the Speaker of Parliament that a Criminal Offense has not been committed, the Speaker will dismiss the Parliament from trial and take no further action.
10) After those two weeks, if there is no pronounced majority in Parliament as to whether a Criminal Offense has or has not been committed, the Speaker will order Parliament to return to Step 1 until a majority can be reached.

Section D: Appeal
1) In the case the Civil Court finds that no Criminal Offense has been committed, if it comes to the attention of TOUP that there is further evidence of a Criminal Offense that was not presented to the Civil Court during the trial, it may file a Request for Appeal with the Speaker of Parliament.
2) The Speaker of Parliament will then summon the Civil Court into session and call on TOUP to present their appeal to the Civil Court and TOCA to defend the status quo. The steps prescribed in Article VI, Section C of this Act will then be re-executed.

ARTICLE VII: Civil Offenses
1) Civil Offenses occur in the following instances:
A: When an Act of Parliament law violates the Constitution or  infringes on the Constitutional rights of at least one citizen of the Union.
B: When a government agency or official acts out of its jurisdiction laid out in the Constitution and/or in Acts of Parliament or infringes on the rights of at least one citizen of the Union that are protected by the Constitution and/or Acts of Parliament.
C: When a government agency or official fails to act within its jurisdiction laid out in the Constitution and in valid Acts of Parliament or infringes on the rights of at least one citizen of the Union that are protected by the Constitution and/or Acts of Parliament.

 
Article VIII: Civil Trial
Section A: Civil Court
1) The Civil Court is hereby established as a commission of the Parliament of the Union to hear all cases of Civil Offenses in the Judicial/Trials subforum of the regional Forum.
2) Anyone who posts in a trial thread without authorization may be prosecuted for Forum Spam.
3) A: The Civil Court is composed of three Justices.
B: One Justice of the Civil Court is appointed by the MoJ every two months, subject to confirmation by the Parliament of the Union.
C: For the purposes of the establishment of the Civil Court, The Minister of Jurisprudence, upon the enactment of this Act, will appoint three citizens of the Union to the Civil Court, for two, four and six month terms each, subject to confirmation by the Parliament of the Union. When those terms expire, the Minister of Jurisprudence will appoint their successors each to six month terms.
D: If a Justice of the Civil Court CTE during their term, the Minister of Jurisprudence will appoint an interim Justice of the Civil Court to serve out the rest of the term, subject to confirmation by the Parliament of the Union.
4) The Civil Court will meet when summoned by the Speaker of Parliament to hear a case of Civil Offense.

Section B: Accusation
1) If a citizen believes that a Civil Offense has been committed, they may file an accusation with the Ministry of Jurisprudence pursuant to Article III, Section A, Clauses 1-3 of this Act.
2) The accusation will then be referred to TOCA for investigation.
3) If, upon the conclusion of its investigation, TOCA believes there is sufficient evidence of a Civil Offense having been committed, TOCA will file a Request for Trial with the Speaker of Parliament.
4) The Speaker of Parliament will then summon the Civil Court into session and call on TOCA to present their case to the Civil Court and TOUP to defend the status quo.

Section C: Trial
1) Step 1: TOCA will initiate the case by submitting all evidence that a Civil Offense has been committed to the Civil Court along with a statement brief explaining why the Civil Court should find that a Civil Offense has been committed.
2) Step 2: TOUP will then respond by submitting evidence that a Civil Offense has not been committed to the Civil Court along with a statement brief explaining why the Civil Court should find that a Civil Offense has not been committed.
3) Step 3: TOCA will then submit a response brief replying to the arguments included in TOUP’s statement brief.
4) Step 4: TOUP will conclude the case by submitting a response brief replying to the arguments and rebuttals included in TOCA’s statement and response briefs.
5) Steps 1-4 should be executed within one (1) week of the preceding step (in the case of Step 1, within a week of the summons of the Civil Court by the Speaker of Parliament), otherwise the case will be considered closed.
6) After the completion of Step 4, the case shall be considered closed.
7) Within two (2) weeks from the completion of Step 4, the Justices of the Civil Court will communicate to the Speaker of Parliament their respective opinions on whether a Civil Offense has been committed.
8 ) After those two (2) weeks, if a majority of Justices of the Civil Court have told the Speaker of Parliament that a Civil Offense has been committed, the Speaker will dismiss the Civil Court and invalidate any Acts of Parliament and/or any actions taken by government agencies or officials and/or instruct government agencies or officials to take certain actions, whereby the Civil Offense is corrected.
9) After those two weeks, if a majority of Justices of the Civil Court have told the Speaker of Parliament that a Civil Offense has not been committed, the Speaker will dismiss the Civil Court and take no further action.
10) After those two (2) weeks, if there is no pronounced majority in the Civil Court as to whether a Civil Offense has or has not been committed, the Speaker will order the Court to return to Step 1 until a majority can be reached.

Section D: Appeal
1) In the case the Civil Court finds that no Civil Offense has been committed, if it comes to the attention of TOCA that there is further evidence of a Civil Offense that was not presented to the Civil Court during the trial, it may file a Request for Appeal with the Speaker of Parliament.
2) The Speaker of Parliament will then summon the Civil Court into session and call on TOCA to present their appeal to the Civil Court and TOUP to defend the status quo. The steps prescribed in Article VIII, Section C of this Act will then be re-executed.
3) In the case the Civil Court finds that a Civil Offense has been committed, if it comes to the attention of TOUP that there is further evidence precluding a Civil Offense that was not presented to the Civil Court during the trial, it may file a Request for Appeal with the Speaker of Parliament.
4) The Speaker of Parliament will then summon the Civil Court into session and call on TOUP to present their appeal to the Civil Court and TOCA to defend the status quo. The steps prescribed in Article VIII, Section C of this Act will then be re-executed, with the roles of TOCA and TOUP inversed.
 
Article IX: Conclusion
We, the Parliament of the Union, do hereby enact these provisions as law.



February 21, 2017
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Abdoa, Senator

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