04-08-2012, 04:52 AM
<strong class='bbc'>Procedural (Criminal Law) Act</strong>
<strong class='bbc'>Preamble</strong>
This Act seeks to set out the rules and procedures for the holding of trials in The South Pacificââ¬â¢s Superior Court, and to bring comprehensive clarity to the process.
<strong class='bbc'>Article I: Introduction </strong>
[*:3sfl33zi]Proceedings brought before the Superior Court shall be heard and determined in accordance with the rules and procedures as laid out herein and in conjunction with the rules and regulations as laid out in the Charter and other laws of TSP.
[*:3sfl33zi]All references to ââ¬ËDue Processââ¬â¢ shall refer to the procedural process as defined by this Act.
[*:3sfl33zi]This Act shall ensure the fair and consistent application of fundamental justice to all cases that come before the Superior Court and guarantees the rights of Members in any trial.
[*:3sfl33zi]It shall be an offence to prohibit the enactment of Due Process, or seek to pervert the course of justice, in any legal proceedings.
[*:3sfl33zi]This act enshrines the defendantââ¬â¢s right of presumed innocence until proven guilty.
[*:3sfl33zi]Any reference to ââ¬ËMagistrateââ¬â¢ in this Act shall refer to the Presiding Magistrate of the case being heard unless otherwise stated.
<strong class='bbc'>Article II: Registration of violations</strong>
[*:3sfl33zi]Allegations of violations may be lodged by any nation(s) against any other nation(s).
[*:3sfl33zi]Allegations must be lodged within the Ministry of Justice forum in the form of a post topic. These allegations must include the accused nation(s) and offense(s) they are accused of committing in addition to the primary evidence to support the allegations.
[*:3sfl33zi]Notice that an accusation has been received shall be recognised by the Minister of Justice (MoJ) or an authorised deputy, informing the accused and accuser in an appropriate manner which shall ensure to the greatest degree that the notification shall be received by the intended recipient(s).
[*:3sfl33zi]In such case that the MoJ fails to inform both parties concerned of receipt of the accusation the case shall not progress to trial.
[*:3sfl33zi]Sufficient Evidence shall be presented for the Prosecutionââ¬â¢s case to the MoJ to determine whether to proceed to trial.
[*:3sfl33zi]All Member States of TSP are required to submit such evidence as the MoJ shall seek upon request except where the spirit of section 5.5 of this Act may be jeapordised.
[*:3sfl33zi]The time period for gathering evidence by the MoJ in accordance with section 2.5 shall be no longer than three days (72 hours) from the actions as described in section 2.2
[*:3sfl33zi]Upon the end of the three-day period, the MoJ must determine if the evidence presented is strong enough to merit a trial.
[*:3sfl33zi]If a decision to proceed to trial is reached the ââ¬ËAccusedââ¬â¢ shall be referred to as the ââ¬ËDefendantââ¬â¢.
[*:3sfl33zi]The decision reached in accordance with section 2.8 shall be formalised in a notice to be received by the Superior Court, and Defendant which the information must include the Defendant nation(s) and offense(s) they are accused of committing.
[*:3sfl33zi]Upon receiving notification to progress to trial the Magistrate is charged with creating a topic that designates a motion for trial. In the opening post, the Magistrate must establish the conflicting parties, charges brought upon the Defendant(s) by the Prosecution, the jury, and if the trial is open to public comments or is private. The Magistrate shall also ask the Defendant to enter a plea to the charges (i.e. guilty or not guilty). A plea of not guilty or a failure to enter a plea shall necessitate a trial. In the event of a Defendant pleading guilty, the Magistrate may decide to hold a trial regardless or may pronounce sentence without trial. The Minister of Justice shall oversee the carrying out of the sentence within three days of the pronouncement as outlined by this Act.
<strong class='bbc'>Article III: Legal Counsel</strong>
[*:3sfl33zi]The Defendant shall be entitled to the legal counsel of their choosing that is not in conflict with Due Process.
[*:3sfl33zi]The MoJ shall act as TSPââ¬â¢s Chief Prosecutor, acting as Prosecution in all cases brought before the court except where the MoJ, or a member of the Cabinet is the defendant, in which case the the MoJ shall act as Defence counsel for the Cabinet member (except in circumstances where the Cabinet is bringing charges against another Cabinet member) and the Delegate in respect of the MoJ.
[*:3sfl33zi]In the event that the MoJ cannot guarantee impartiality the Delegate shall assume their role in relation to Due Process, in such event that the MoJ and Delegate are unable to maintain impartiality in their assigned role in accordance with Due Process the Superior Court shall appoint Prosecution Counsel.
<strong class='bbc'>Article IV: Jury</strong>
[*:3sfl33zi]All trials appearing before the Superior Court shall be trial by Jury except in cases specified by this Act or other provisions as laid down in the Charter and laws of TSP.
[*:3sfl33zi]The Jury shall consist of three nations selected by the Magistrate from a random pool of volunteering citizens. Either party may reject any nominated juror, and any requests to call for the removal of a juror must be registered within 24 hours of the creation of the trial thread. The Magistrate then has one day to select a new juror or defend the decision regarding the selection of the juror in question.
[*:3sfl33zi]The Defendant has the right to have their case tried without Jury if a sufficient reason can be supplied to, and approved by, the Magistrate.
[*:3sfl33zi]This Act enshrines the right to expect trial by an Impartial Jury.
<strong class='bbc'>Article V: Evidence</strong>
[*:3sfl33zi]Burden of proof shall rest with the Prosecution to prove beyond reasonable doubt the guilt of the Defendant.
[*:3sfl33zi]The Prosecution and Defendant shall receive equal and fair opportunity to submit evidence.
[*:3sfl33zi]The Defendant and Prosecution has the right to confront witnesses against them except where this Act makes provision to the contrary.
[*:3sfl33zi]The Magistrate retains the sole right and authority to determine on ââ¬Ëanonymous witnessesââ¬â¢ who require their anonymity for security purposes.
[*:3sfl33zi]The right of witnesses to avoid Self-Incrimination in giving evidence is enshrined by this Act.
<strong class='bbc'>Article VI: Procedures for Trial</strong>
[*:3sfl33zi]The Magistrate is charged with guiding the direction of the trial: from the motion, to evidence provided by the Prosecution, to the Defense, to opening the floor for questions, and suspending the trial to allow for jurors to reach a verdict. Only those given clearance to post during the trial may do so as directed by the Magistrate.
[*:3sfl33zi]The trial will begin with three days for the Prosecution to present their case, three days for the Defendant to make their case, and finally three days in which closing arguments can be made by both Prosecutor and Defendant. The Defendant always gets the last word.
[*:3sfl33zi]If the Prosecution fails to attend during their three days, the trial will be cancelled and the accused acquitted of all charges.
[*:3sfl33zi]If the Defendant fails to show up during their three days, the Defendant is dismissed and the trial shall proceed in their absence.
[*:3sfl33zi]Either side may request for more time but such time is not guaranteed by this Act and is in the prerogative of the Magistrate.
[*:3sfl33zi]After the proceedings have ended, the trial thread is locked by the Judge.
[*:3sfl33zi]Following direction from the Magistrate to consider their verdict the jury has a maximum of seven days (168 hours) to reach a verdict. The jury will reach their decision in accordance with the guidance of the Magistrate following the proceedings. A verdict is reached when the majority of jurors are in agreement.
[*:3sfl33zi]Verdicts must be announced giving only the charges laid, the parties involved, and whether those parties are guilty or not guilty.
[*:3sfl33zi]If a verdict is not reached by a jury, for whatever reason, a mistrial will be declared and the Magistrate must re-examine the evidence and decide whether to proceed with a new trial.
[*:3sfl33zi]On the declaration of a verdict the Magistrate shall declare the appropriate sentence with or without reasoning and shall charge the MoJ with the enforcement of the sentence in its entirety.
[*:3sfl33zi]Sentences must be carried out within three days of a verdict being rendered by the Magistrate unless the verdict specifies a different timing. The MoJ may call upon forum administrators or the Delegate to assist with carrying out sentencing.
<strong class='bbc'>Article VII: Appeals</strong>
[*:3sfl33zi]Appeals may be lodged with the Superior Court but only if evidence is supplied showing the trial was not conducted legally.
[*:3sfl33zi]Appeals shall be heard by a Magistrate who did not Preside over the original trial and in accordance with Due Process.
<strong class='bbc'>Article VIII: Repeals and amendments</strong>
[*:3sfl33zi]Amendments to D-#5 The Delegacy of TSP and endorsement Law
[*:3sfl33zi]D-#5, IV.2 - Any charges of wrong doing within the election shall be reported to the Minister of Justice who shall investigate any accusations and hold a trial for any crimes in accordance with Due Process as outlined by the Procedural (Criminal Law) Act .
[*:3sfl33zi]D-#5, V.4 - Any nation ejected for breaking the cap three times may be put on trial by the Minister of Justice in accordance with Due Process as outlined by the Procedural (Criminal Law) Act.
[*:3sfl33zi]Amendments to G-#1 Adspam Policy
[*:3sfl33zi]G-#1, V.2 - The <del>Minister of Justice </del>Superior Court will hear the appeal as described in <del>Article 7 of the Charter </del>the Procedural (Criminal Law) Act.
[*:3sfl33zi]Amendments to J-#1 Voting Law
[*:3sfl33zi]J-#1, 2 - Any nations suspected of casting multiple votes in an election or other important poll shall be immediately put on Trial, as per the<del> Charter </del>Procedural (Criminal Law) Act.
[*:3sfl33zi]J-#1, 4 - Nations pleading Not Guilty that are found Guilty of the charge of Voter Fraud by a jury of their peers as per the <del>Charter</del> Procedural (Criminal Law) Act shall be banned from the region and the regional boards ââ¬Â¦[cont.]ââ¬Â¦
[*:3sfl33zi]Amendments to J-#3 Three Warnings Law
[*:3sfl33zi]J-#3, 8 - Once a nation has accumulated 3 Warnings, they shall be ejected and banned from the region. Nations wishing to contest their banishment shall follow the Trial procedures set forward in the <del>Charter</del> Procedural (Criminal Law) Act.[/list]
<strong class='bbc'>Preamble</strong>
This Act seeks to set out the rules and procedures for the holding of trials in The South Pacificââ¬â¢s Superior Court, and to bring comprehensive clarity to the process.
<strong class='bbc'>Article I: Introduction </strong>
[*:3sfl33zi]Proceedings brought before the Superior Court shall be heard and determined in accordance with the rules and procedures as laid out herein and in conjunction with the rules and regulations as laid out in the Charter and other laws of TSP.
[*:3sfl33zi]All references to ââ¬ËDue Processââ¬â¢ shall refer to the procedural process as defined by this Act.
[*:3sfl33zi]This Act shall ensure the fair and consistent application of fundamental justice to all cases that come before the Superior Court and guarantees the rights of Members in any trial.
[*:3sfl33zi]It shall be an offence to prohibit the enactment of Due Process, or seek to pervert the course of justice, in any legal proceedings.
[*:3sfl33zi]This act enshrines the defendantââ¬â¢s right of presumed innocence until proven guilty.
[*:3sfl33zi]Any reference to ââ¬ËMagistrateââ¬â¢ in this Act shall refer to the Presiding Magistrate of the case being heard unless otherwise stated.
<strong class='bbc'>Article II: Registration of violations</strong>
[*:3sfl33zi]Allegations of violations may be lodged by any nation(s) against any other nation(s).
[*:3sfl33zi]Allegations must be lodged within the Ministry of Justice forum in the form of a post topic. These allegations must include the accused nation(s) and offense(s) they are accused of committing in addition to the primary evidence to support the allegations.
[*:3sfl33zi]Notice that an accusation has been received shall be recognised by the Minister of Justice (MoJ) or an authorised deputy, informing the accused and accuser in an appropriate manner which shall ensure to the greatest degree that the notification shall be received by the intended recipient(s).
[*:3sfl33zi]In such case that the MoJ fails to inform both parties concerned of receipt of the accusation the case shall not progress to trial.
[*:3sfl33zi]Sufficient Evidence shall be presented for the Prosecutionââ¬â¢s case to the MoJ to determine whether to proceed to trial.
[*:3sfl33zi]All Member States of TSP are required to submit such evidence as the MoJ shall seek upon request except where the spirit of section 5.5 of this Act may be jeapordised.
[*:3sfl33zi]The time period for gathering evidence by the MoJ in accordance with section 2.5 shall be no longer than three days (72 hours) from the actions as described in section 2.2
[*:3sfl33zi]Upon the end of the three-day period, the MoJ must determine if the evidence presented is strong enough to merit a trial.
[*:3sfl33zi]If a decision to proceed to trial is reached the ââ¬ËAccusedââ¬â¢ shall be referred to as the ââ¬ËDefendantââ¬â¢.
[*:3sfl33zi]The decision reached in accordance with section 2.8 shall be formalised in a notice to be received by the Superior Court, and Defendant which the information must include the Defendant nation(s) and offense(s) they are accused of committing.
[*:3sfl33zi]Upon receiving notification to progress to trial the Magistrate is charged with creating a topic that designates a motion for trial. In the opening post, the Magistrate must establish the conflicting parties, charges brought upon the Defendant(s) by the Prosecution, the jury, and if the trial is open to public comments or is private. The Magistrate shall also ask the Defendant to enter a plea to the charges (i.e. guilty or not guilty). A plea of not guilty or a failure to enter a plea shall necessitate a trial. In the event of a Defendant pleading guilty, the Magistrate may decide to hold a trial regardless or may pronounce sentence without trial. The Minister of Justice shall oversee the carrying out of the sentence within three days of the pronouncement as outlined by this Act.
<strong class='bbc'>Article III: Legal Counsel</strong>
[*:3sfl33zi]The Defendant shall be entitled to the legal counsel of their choosing that is not in conflict with Due Process.
[*:3sfl33zi]The MoJ shall act as TSPââ¬â¢s Chief Prosecutor, acting as Prosecution in all cases brought before the court except where the MoJ, or a member of the Cabinet is the defendant, in which case the the MoJ shall act as Defence counsel for the Cabinet member (except in circumstances where the Cabinet is bringing charges against another Cabinet member) and the Delegate in respect of the MoJ.
[*:3sfl33zi]In the event that the MoJ cannot guarantee impartiality the Delegate shall assume their role in relation to Due Process, in such event that the MoJ and Delegate are unable to maintain impartiality in their assigned role in accordance with Due Process the Superior Court shall appoint Prosecution Counsel.
<strong class='bbc'>Article IV: Jury</strong>
[*:3sfl33zi]All trials appearing before the Superior Court shall be trial by Jury except in cases specified by this Act or other provisions as laid down in the Charter and laws of TSP.
[*:3sfl33zi]The Jury shall consist of three nations selected by the Magistrate from a random pool of volunteering citizens. Either party may reject any nominated juror, and any requests to call for the removal of a juror must be registered within 24 hours of the creation of the trial thread. The Magistrate then has one day to select a new juror or defend the decision regarding the selection of the juror in question.
[*:3sfl33zi]The Defendant has the right to have their case tried without Jury if a sufficient reason can be supplied to, and approved by, the Magistrate.
[*:3sfl33zi]This Act enshrines the right to expect trial by an Impartial Jury.
<strong class='bbc'>Article V: Evidence</strong>
[*:3sfl33zi]Burden of proof shall rest with the Prosecution to prove beyond reasonable doubt the guilt of the Defendant.
[*:3sfl33zi]The Prosecution and Defendant shall receive equal and fair opportunity to submit evidence.
[*:3sfl33zi]The Defendant and Prosecution has the right to confront witnesses against them except where this Act makes provision to the contrary.
[*:3sfl33zi]The Magistrate retains the sole right and authority to determine on ââ¬Ëanonymous witnessesââ¬â¢ who require their anonymity for security purposes.
[*:3sfl33zi]The right of witnesses to avoid Self-Incrimination in giving evidence is enshrined by this Act.
<strong class='bbc'>Article VI: Procedures for Trial</strong>
[*:3sfl33zi]The Magistrate is charged with guiding the direction of the trial: from the motion, to evidence provided by the Prosecution, to the Defense, to opening the floor for questions, and suspending the trial to allow for jurors to reach a verdict. Only those given clearance to post during the trial may do so as directed by the Magistrate.
[*:3sfl33zi]The trial will begin with three days for the Prosecution to present their case, three days for the Defendant to make their case, and finally three days in which closing arguments can be made by both Prosecutor and Defendant. The Defendant always gets the last word.
[*:3sfl33zi]If the Prosecution fails to attend during their three days, the trial will be cancelled and the accused acquitted of all charges.
[*:3sfl33zi]If the Defendant fails to show up during their three days, the Defendant is dismissed and the trial shall proceed in their absence.
[*:3sfl33zi]Either side may request for more time but such time is not guaranteed by this Act and is in the prerogative of the Magistrate.
[*:3sfl33zi]After the proceedings have ended, the trial thread is locked by the Judge.
[*:3sfl33zi]Following direction from the Magistrate to consider their verdict the jury has a maximum of seven days (168 hours) to reach a verdict. The jury will reach their decision in accordance with the guidance of the Magistrate following the proceedings. A verdict is reached when the majority of jurors are in agreement.
[*:3sfl33zi]Verdicts must be announced giving only the charges laid, the parties involved, and whether those parties are guilty or not guilty.
[*:3sfl33zi]If a verdict is not reached by a jury, for whatever reason, a mistrial will be declared and the Magistrate must re-examine the evidence and decide whether to proceed with a new trial.
[*:3sfl33zi]On the declaration of a verdict the Magistrate shall declare the appropriate sentence with or without reasoning and shall charge the MoJ with the enforcement of the sentence in its entirety.
[*:3sfl33zi]Sentences must be carried out within three days of a verdict being rendered by the Magistrate unless the verdict specifies a different timing. The MoJ may call upon forum administrators or the Delegate to assist with carrying out sentencing.
<strong class='bbc'>Article VII: Appeals</strong>
[*:3sfl33zi]Appeals may be lodged with the Superior Court but only if evidence is supplied showing the trial was not conducted legally.
[*:3sfl33zi]Appeals shall be heard by a Magistrate who did not Preside over the original trial and in accordance with Due Process.
<strong class='bbc'>Article VIII: Repeals and amendments</strong>
[*:3sfl33zi]Amendments to D-#5 The Delegacy of TSP and endorsement Law
[*:3sfl33zi]D-#5, IV.2 - Any charges of wrong doing within the election shall be reported to the Minister of Justice who shall investigate any accusations and hold a trial for any crimes in accordance with Due Process as outlined by the Procedural (Criminal Law) Act .
[*:3sfl33zi]D-#5, V.4 - Any nation ejected for breaking the cap three times may be put on trial by the Minister of Justice in accordance with Due Process as outlined by the Procedural (Criminal Law) Act.
[*:3sfl33zi]Amendments to G-#1 Adspam Policy
[*:3sfl33zi]G-#1, V.2 - The <del>Minister of Justice </del>Superior Court will hear the appeal as described in <del>Article 7 of the Charter </del>the Procedural (Criminal Law) Act.
[*:3sfl33zi]Amendments to J-#1 Voting Law
[*:3sfl33zi]J-#1, 2 - Any nations suspected of casting multiple votes in an election or other important poll shall be immediately put on Trial, as per the<del> Charter </del>Procedural (Criminal Law) Act.
[*:3sfl33zi]J-#1, 4 - Nations pleading Not Guilty that are found Guilty of the charge of Voter Fraud by a jury of their peers as per the <del>Charter</del> Procedural (Criminal Law) Act shall be banned from the region and the regional boards ââ¬Â¦[cont.]ââ¬Â¦
[*:3sfl33zi]Amendments to J-#3 Three Warnings Law
[*:3sfl33zi]J-#3, 8 - Once a nation has accumulated 3 Warnings, they shall be ejected and banned from the region. Nations wishing to contest their banishment shall follow the Trial procedures set forward in the <del>Charter</del> Procedural (Criminal Law) Act.[/list]
![[Image: We_so_excited!.gif]](http://images.wikia.com/austinally/images/c/c7/We_so_excited!.gif)
for DelegANT 2013!!! [/spoiler]
