Post by Feirmont on Sept 29, 2020 10:25:51 GMT -5
Criminal Procedure Act
Title, scope
1. This Act shall be cited as the Criminal Procedure Act.
2. This Act shall apply to criminal procedures before the Supreme Court of Spiritus, concurrently with the Judiciary Act. Nothing in this Act shall be construed to apply to administrative action covered by the exceptions of the Citizenship Act.
Definitions, general principles
3. a) The purpose of the administration of criminal justice is to protect the region and community of Spiritus, and to ensure that its members abide by its laws. To that end, the Court shall impose sanctions no greater than necessary to ensure with reasonable likelihood that a convicted defendant will not commit further offenses in the future. Failing that, the Court shall impose whichever sanction it deems necessary to render a convicted defendant unable to commit further offenses.
b) No one shall be convicted of a crime unless the government proves their guilt beyond reasonable doubt. The standard is met when every reasonable consideration of the totality of evidence unequivocally suggests guilt. The government shall prove no less, but neither must it go beyond this standard and prove it is impossible for the accused to be not guilty. When an offender pleads guilty, a finding that the totality of evidence proves clearly and convincingly that the guilty plea is factually true, and entered voluntarily and knowingly, shall suffice.
4. Criminal offenses may be infractions or felonies. An offense is designated a felony by the Legislature if it causes, or has the potential to cause, substantial damage to
a) the region or community; or
b) an ally of Spiritus; or
c) a member of Spiritus regardless of citizenship status, including duly registered diplomats.
5. A criminal offense not designated a felony is an infraction.
6. No conduct shall be sanctioned by the Court unless designated a criminal offense by law. No sanction shall be imposed by the Court unless authorized by law.
Sentencing
7. The available sanctions for infractions shall be warning, probation not exceeding 90 days, or suspension not exceeding 14 days.
8. The available sanctions for felonies shall be probation not exceeding 180 days, suspension not exceeding 90 days, or a ban.
9. When a warning is imposed, the presiding judge shall publicly admonish the offender and warn them against future transgressions.
10. When an offender is sentenced to probation, the offender shall likewise be publicly admonished. For the duration of probation, the offender shall not use or display any honors and titles under the Honors of Spiritus Act. Should an offender commit another offense during the probation period, they may incur additional sanctions.
11. A suspended offender shall forfeit citizenship for the duration; this includes loss of the ability to hold public office. When the period of suspension concludes, the offender shall automatically regain citizenship. The Court may, at its discretion, include a concurrent ban from the regional Discord server; any day of suspension including a Discord ban shall count as two (2) days. The Court shall include a Discord ban if the offense was committed on or by way of Discord.
12. A banned offender shall permanently forfeit citizenship, and be permanently banned from the regional Discord server. The Court shall, in its judgment, specify a minimum period after which a banned offender may petition the Chief Justice for permission to reapply for citizenship. To file such a petition, the offender shall present it to any official of Spiritus who shall then forward it. Only the full Court may set a minimum period exceeding 180 days. A ban shall effect forfeiture of all honors and titles under the Honors of Spiritus Act, and the Court shall not have discretion to reinstate them unless a banned offender has regained citizenship.
13. When an offender is convicted of more than one offense, the Court shall not pronounce a sentence for every offense individually, but rather impose an aggregate sentence. The available sanctions are determined by the most serious offense.
14. Whenever another provision refers to this section, the Court shall mitigate the sentence
a) of a felony by sentencing as if the offense were an infraction;
b) of an infraction by imposing probation in lieu of suspension, or a warning in lieu of probation, or by not imposing a sentence altogether.
Criminal liability
15. A person knowingly inducing another to commit a criminal offense shall be criminally liable as a conspirator. A person knowingly aiding another to commit a criminal offense shall be criminally liable as an abettor. The conspirator and the abettor are to be sentenced as if they themselves had committed the offense.
16. A person who, without intent, commits an offense, or acts as a conspirator or abettor, shall incur criminal liability if they acted recklessly, or if they should have known that their conduct was unlawful. The sentence shall be mitigated under section 14.
17. A repentant offender, who after the commission of a criminal offense makes reasonable efforts to prevent or mitigate damage, shall not be liable if they acted without intent. Otherwise, their sentence shall be mitigated under section 14.
Title, scope
1. This Act shall be cited as the Criminal Procedure Act.
2. This Act shall apply to criminal procedures before the Supreme Court of Spiritus, concurrently with the Judiciary Act. Nothing in this Act shall be construed to apply to administrative action covered by the exceptions of the Citizenship Act.
Definitions, general principles
3. a) The purpose of the administration of criminal justice is to protect the region and community of Spiritus, and to ensure that its members abide by its laws. To that end, the Court shall impose sanctions no greater than necessary to ensure with reasonable likelihood that a convicted defendant will not commit further offenses in the future. Failing that, the Court shall impose whichever sanction it deems necessary to render a convicted defendant unable to commit further offenses.
b) No one shall be convicted of a crime unless the government proves their guilt beyond reasonable doubt. The standard is met when every reasonable consideration of the totality of evidence unequivocally suggests guilt. The government shall prove no less, but neither must it go beyond this standard and prove it is impossible for the accused to be not guilty. When an offender pleads guilty, a finding that the totality of evidence proves clearly and convincingly that the guilty plea is factually true, and entered voluntarily and knowingly, shall suffice.
4. Criminal offenses may be infractions or felonies. An offense is designated a felony by the Legislature if it causes, or has the potential to cause, substantial damage to
a) the region or community; or
b) an ally of Spiritus; or
c) a member of Spiritus regardless of citizenship status, including duly registered diplomats.
5. A criminal offense not designated a felony is an infraction.
6. No conduct shall be sanctioned by the Court unless designated a criminal offense by law. No sanction shall be imposed by the Court unless authorized by law.
Sentencing
7. The available sanctions for infractions shall be warning, probation not exceeding 90 days, or suspension not exceeding 14 days.
8. The available sanctions for felonies shall be probation not exceeding 180 days, suspension not exceeding 90 days, or a ban.
9. When a warning is imposed, the presiding judge shall publicly admonish the offender and warn them against future transgressions.
10. When an offender is sentenced to probation, the offender shall likewise be publicly admonished. For the duration of probation, the offender shall not use or display any honors and titles under the Honors of Spiritus Act. Should an offender commit another offense during the probation period, they may incur additional sanctions.
11. A suspended offender shall forfeit citizenship for the duration; this includes loss of the ability to hold public office. When the period of suspension concludes, the offender shall automatically regain citizenship. The Court may, at its discretion, include a concurrent ban from the regional Discord server; any day of suspension including a Discord ban shall count as two (2) days. The Court shall include a Discord ban if the offense was committed on or by way of Discord.
12. A banned offender shall permanently forfeit citizenship, and be permanently banned from the regional Discord server. The Court shall, in its judgment, specify a minimum period after which a banned offender may petition the Chief Justice for permission to reapply for citizenship. To file such a petition, the offender shall present it to any official of Spiritus who shall then forward it. Only the full Court may set a minimum period exceeding 180 days. A ban shall effect forfeiture of all honors and titles under the Honors of Spiritus Act, and the Court shall not have discretion to reinstate them unless a banned offender has regained citizenship.
13. When an offender is convicted of more than one offense, the Court shall not pronounce a sentence for every offense individually, but rather impose an aggregate sentence. The available sanctions are determined by the most serious offense.
14. Whenever another provision refers to this section, the Court shall mitigate the sentence
a) of a felony by sentencing as if the offense were an infraction;
b) of an infraction by imposing probation in lieu of suspension, or a warning in lieu of probation, or by not imposing a sentence altogether.
Criminal liability
15. A person knowingly inducing another to commit a criminal offense shall be criminally liable as a conspirator. A person knowingly aiding another to commit a criminal offense shall be criminally liable as an abettor. The conspirator and the abettor are to be sentenced as if they themselves had committed the offense.
16. A person who, without intent, commits an offense, or acts as a conspirator or abettor, shall incur criminal liability if they acted recklessly, or if they should have known that their conduct was unlawful. The sentence shall be mitigated under section 14.
17. A repentant offender, who after the commission of a criminal offense makes reasonable efforts to prevent or mitigate damage, shall not be liable if they acted without intent. Otherwise, their sentence shall be mitigated under section 14.
The current text of this Act, as of September 23, 2020