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New Zepuha
Minister
 
Posts: 3077
Founded: Dec 31, 2009
Ex-Nation

Postby New Zepuha » Sun Jun 02, 2013 3:41 am

In that case, I motion that the Proper Procedure and Unacceptable Behavior Act (2013) be added to the legislation queue for future voting.
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Polvia
Envoy
 
Posts: 226
Founded: Dec 21, 2012
Ex-Nation

Postby Polvia » Sun Jun 02, 2013 3:45 am

New Zepuha wrote:In that case, I motion that the Proper Procedure and Unacceptable Behavior Act (2013) be added to the legislation queue for future voting.

Its already in the "Senatorial Procedures Act" Omnibus.
Last edited by Polvia on Sun Jun 02, 2013 3:46 am, edited 3 times in total.
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New Zepuha
Minister
 
Posts: 3077
Founded: Dec 31, 2009
Ex-Nation

Postby New Zepuha » Sun Jun 02, 2013 5:06 am

Polvia wrote:
New Zepuha wrote:In that case, I motion that the Proper Procedure and Unacceptable Behavior Act (2013) be added to the legislation queue for future voting.

Its already in the "Senatorial Procedures Act" Omnibus.

Very good, thanks for informing me.
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[13:31] <Koyro> I want to be cremated, my ashes put into a howitzer shell and fired at the White House.

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Sahrani DR
Chargé d'Affaires
 
Posts: 422
Founded: Sep 06, 2012
Corrupt Dictatorship

Postby Sahrani DR » Sun Jun 02, 2013 5:07 am

I vote FOR the RCPA.
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About North Korea's allowed haircuts:
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To the gulag with you, comrade! No place for degenerate bald-headed bourgeois class traitors in the Democratic People's Republic of Korea!

Hurdegaryp wrote:
Blekksprutia wrote:It looks like 1 haircut viewed from 28 different angles.

That's the undeniable superiority of the Juche doctrine in action for you. All shall be equal!
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Wolfmanne
Senator
 
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Founded: Mar 16, 2011
Ex-Nation

Postby Wolfmanne » Sun Jun 02, 2013 5:11 am

Judicial Act (here we go)
Judicial Act

Co-Drafted by: Wolfmanne (P-CP), Polvia (RG), Evraim (P-CP) and Geadland (P-CP)
Co-Sponsors: Maklohi Vai (LD), Agritum (CSP), Divair (CSP), Potenco (RG), Great Nepal (CFE)

Severity of Crime

1a. A contravention is defined as the least severe form of a crime, which is crime that lacks the severity to trialed against a panel of judges in it's court of first instance. Examples include driving offenses and public disorder. A perpetrator of a contravention may not receive a prison sentence. A maximum fine of £3,000 may be given; it is a maximum fine of £45,000 against corporations.
1b. A delict is defined as a crime that is severe enough to have it's case be trialed before a panel of judges, but not severe enough to warrant the same or similar punishment as a felony. Examples include aggravated assault and battery or wilful neglect of a child. A perpetrator of a delict may receive a prison sentence at or under 10 years and my be fined up to £15,000; it is a maximum fine of £1,000,000 against corporations.
1c. A felony is defined as the most serious kind of crime that could of resulted or has caused the death of an individual or a group, or has otherwise caused severe psychological or physical damage. Examples include murder, rape or arson. A felony shall be trialed before a panel of judges and shall be subject to the most severe forms of punishment. A perpetrator of a felony is mandated to receive a prison sentence at or over 10 years (depending on the crime, the minimum could be more) ; it is a maximumfine of £10,000,000 against corporations.
1d. A criminal case is to be referred to by name as "Commonwealth vs. [Surname of the Defendant]", or if disambiguation is required, "Commonwealth vs. [Surname of the Defendant], [Name of Court] [Year]". If the defendant's surname is required to be kept secret for purposes of protection, the surname of the defendant should instead be replaced by a single letter.

Regarding Ordinary Courts

2a. This bill establishes a category of ordinary court, the Court of First Instance, with a mandate to trial contraventions, delicts and civil cases. Contraventions and civil cases in which claims don't exceed £5,000 are to be trialed in this court with one presiding Judge whilst delicts and civil cases in which claims exceed £5,000 are to trialed by a panel of three judges.
2b. This bill establishes a category of ordinary court, the Court of Assize, with a mandate to trial felonies, to act as the first court of appeal for delicts, contraventions and felonies which have been trialed. Felonies and felony appeals are to be trialed by a panel of five Judges, whilst appeals are to be trialed by a panel of 3 judges.
2c. This bill grants the Supreme Court of Aurentina the power to be the court of final appeal for criminal and civil law cases unresolved in lesser courts, with both types of appeals to be trialed by a panel of 5 judges.
2d. Each court shall have its own courthouse in which to conduct proceedings, though the building may be shared with other courts in the same jurisdiction. The exception to this is the Supreme Court of Aurentina, which is mandated to have it's courtroom in the capital of Aurentina and it is not permitted to share it's courthouse with other courts.

Aurentine Criminal Procedure

3a. Upon the submission of a case to the Prosecution Office, a Prosecutor is required to be assigned by the Chief Prosecutor to oversee the gathering of the facts. The Prosecutor can appoint experts to carry out examinations; and, when the examination cannot be repeated (for instance, an autopsy), he must inform any relevent suspects, witnesses or defendants, so that the Prosecutor can appoint another expert, to ensure the prosecuted's right of defense, who shall be presumed innocent until proven guilty. In case of interrogations, of searches and of seizures, the suspect, defendant or witness can ask that his Attorney be present.
3b. During an interrogation of a witness, the witness is required to swear an oath to say the truth, only the truth and nothing but the truth and his or her attorney is bound by that as well. If the witness reveals incriminating evidence that gives the possibility that the witness is a potential suspect or [u]refuses to answer a question that would self-incriminate the questioned individual, all questioning must stop for a period of 24 hours, the Prosecutor must inform the individual that he is now a suspect and he mandated to ask whether the suspect would like a state-appointed attorney. Suspects or the defendant can not be forced to swear an oath.
3c. A Prosecutor may issue a precautionary measure against a witness, potential suspect or defendant to preventing the individual from fleeing, from committing another crime or from destroying true evidence or creating false evidence. If the individual believes that the precautionary measure was wrongly submitted, the individual is permitted to appeal to the panel of Judges who will be conducting the trial for the case to have it revoked or corrected. These precautionary measures are as follows are as follows:

(a) Prohibition to leave the country
(b) Duty to present oneself to the nearest police station on given days
(c) Expulsion from one's family house
(d) Restraining orders
(e) Prohibition or duty to dwell in a given place
(f) House arrest
(g) Provisional arrest


3d. At timed intervals, which will be decided on by the (Judge)s conducting the trial and upon the conclusion of the investigation phase, the Prosecutor is required to submit the case findings and evidence recognised by the court in writing to the panel of judges, who will then review the case and make the decision on whether the Prosecution should continue the investigation, on granting the permit to the Prosecution to close the case or if the trial should commence. The letter is required to list all the the parties to the cases (including their Attorneys in addition to the party's witnesses), any experts who conducted the investigation on behalf of the Prosecution or any of the parties and a full list of officially recognised evidence that has lead to the conclusion of the Prosecutor's own personal opinion on who the defendant(s) is/are with an explanation for the reason why. The Judge(s) are then to review the letter and if they accept the possibility of the guilt of the defendant(s), then they are to bring the case to trial. If they believe that there is a lack of evidence the case can brought to trial, then they can request that the Prosecution finds more evidence, or they may give the Prosecutor a permit to formally close the case. If a permit to close the case was granted, then it is at the Prosecutor's discretion on whether to gather more evidence or whether to close it.
3e. At the trial, all witnesses and the experts must bear testimony once again and are mandated to swear an oath to tell the truth and nothing but the truth. The defendant(s) has/have an option to make a testimony at any point of the trial, but he/she is not required to swear an oath. The Prosecutor or an Attorney of a party has the right to cross-examine the witness or expert if necessary to correct any information or point out contradictions that can change the case significantly and if the cross-examinations has resulted in any new information coming to light or contradictions being revealed, then the Judge is required to make the testifier retestify to ensure that all information is corrected. The court may be adjourned if new information that requires investigation by the Prosecutor comes to light. The Judge(s) then declare their verdict once all evidence has been submitted; a majority, in the case of a panel, is required for a verdict of guilt.
3f. Either party in a Court of First Instance trialing an individual or group of individuals has the right to appeal their case to a Court of Assize, if they feel that the verdict or the sentencing was to harsh, too lenient or wrong. Upon the conclusion of the appeal, either party in that appeal has the further right to appeal to the Supreme Court of Aurentina.
3g. Either party in a Court of Assize trialing an individual or group of individuals that has committed a delict has the right to appeal their case to another Court of Assize. Upon the conclusion of the appeal, either party in that appeal has the further right to appeal to the Supreme Court of Aurentina.

Aurentine Civil Procedure

4a. The Plaintiff of a civil case is required to submit the case to the Prosecution Office in their jurisdiction. A Prosecutor is required to be assigned by the Chief Prosecutor to investigate the facts of the case. The Prosecutor, if he deems it to be necessary, assign experts, such as police officers, government agents or forensic scientists to conduct the investigation on behalf of the Prosecutor. The Prosecutor is required to notify the Defendant that a case is being brought against him within 24 hours. The Defendant is permitted to submit a counterclaim. The Plaintiff and the Defendant are permitted to have an Attorney, paid at their own expense, to represent them. The Prosecutor or an expert with authorisation from the Prosecutor may interrogate witnesses and individuals from either party, or conduct searches or seizures, and those being interrogated are all required to swear an oath to tell the truth, only the truth and nothing but the truth. They are allowed to have an Attorney present during an interrogation.
4b. A Prosecutor may issue a precautionary measure against a witness, the Defendant or the Plaintiff to preventing the individual from fleeing, or from destroying true evidence and creating false evidence. If the individual believes that the precautionary measure was wrongly submitted, the individual is permitted to appeal to the panel of Judges who will be conducting the trial for the case to have it revoked or corrected. These precautionary measures are as follows are as follows:

(a) Prohibition to leave the country
(b) Duty to present oneself to the nearest police station on given days
(c) Expulsion from one's family house
(d) Restraining orders
(e) Prohibition or duty to dwell in a given place
(f) House arrest
(g) Provisional arrest


4c. At timed intervals, which will be decided on by the (Judge)s conducting the trial and upon the conclusion of the investigation phase, the Prosecutor is required to submit the case findings and evidence recognised by the court in writing to the panel of judges to begin the trial. The letter is required to list all the the parties to the cases (including their Attorneys in addition to the party's witnesses), any experts who conducted the investigation on behalf of the Prosecution or any of the parties and a full list of officially recognised evidence that has lead to the conclusion of the Prosecutor's own personal opinion on whether to rule in favour of the Plaintiff, the Defendant or any other relevant parties. If they believe that there is a lack of evidence the case can brought to trial, then they can request that the Prosecution is given more time to evidence, but the Judges can not issue a permit for the Prosecutor to close the case unless both sides agree to do so.
4d. At the trial, all witnesses and the experts must bear testimony once again and are mandated to swear an oath to tell the truth and nothing but the truth. The Prosecutor is only mandated to make an appearance at the start of the court, to formally announce his case findings and his opinions. For the rest of the proceedings, the Prosecutor is not required to be present. The defendant(s) or the plantiff(s) has/have an option to make a testimony at any point of the trial, but he/she is not required to swear an oath. The Attorney of a party has the right to cross-examine the witness or expert if necessary to correct any information or point out contradictions that can change the case significantly and if the cross-examinations has resulted in any new information coming to light or contradictions being revealed, then the Judge is required to make the testifier retestify to ensure that all information is corrected. The court may be adjourned if new information that requires investigation by the Prosecutor comes to light. The Judge(s) then declare their verdict once all evidence has been submitted; a majority, in the case of a panel, with the verdict either being a 'ruling in favour of the Plaintiff' or a 'ruling in favour of the Defendant'.
4e. Either party in a Court of First Instance trialing an individual or group of individuals has the right to appeal their case to a Court of Assize if they feel that the verdict or the sentencing was to harsh, too lenient or wrong. Upon the conclusion of the appeal, either party in that appeal has the further right to appeal to the Supreme Court of Aurentina.
4f. Either party in a Court of Assize trialing an individual or group of individuals that has committed a delict has the right to appeal their case to another Court of Assize if they feel that the verdict or the sentencing was to harsh, too lenient or wrong. Upon the conclusion of the appeal, either party in that appeal has the further right to appeal to the Supreme Court of Aurentina.

Aurentine Administrative Procedure

5a. Upon the submission of a case to the Prosecution Office, a Prosecutor is required to be assigned by the Chief Prosecutor to investigate the facts of the case. The Prosecutor, if he deems it to be necessary, assign experts, such as police officers, government agents or forensic scientists to conduct the investigation on behalf of the Prosecutor. The Defendant has the right to an Attorney and may be appointed one at the expense at the expense of the state. The Prosecutor or an expert with authorisation from the Prosecutor may interrogate witnesses and the Defendant, or conduct searches or seizures , and those being interrogated are all required to swear an oath to tell the truth, only the truth and nothing but the truth. They are allowed to have an Attorney present during an interrogation.
5b. A Prosecutor may issue a precautionary measure against a witness or the Defendant preventing the individual from fleeing, or from destroying true evidence and creating false evidence. If the individual believes that the precautionary measure was wrongly submitted, the individual is permitted to appeal to the panel of Judges who will be conducting the trial for the case to have it revoked or corrected. These precautionary measures are as follows are as follows:

(a) Prohibition to leave the country
(b) Duty to present oneself to the nearest police station on given days
(c) Expulsion from one's family house
(d) Restraining orders
(e) Prohibition or duty to dwell in a given place
(f) House arrest
(g) Provisional arrest


5c. At timed intervals, which will be decided on by the (Judge)s conducting the trial and upon the conclusion of the investigation phase, the Prosecutor is required to submit the case findings and evidence recognised by the court in writing to the panel of judges presiding over the case, who will then review the case and make the decision on whether the Prosecution should continue the investigation, on granting the permit to the Prosecution to close the case or if the trial should commence. The letter is required to list all the the parties to the cases (including their Attorneys in addition to the party's witnesses), any experts who conducted the investigation on behalf of the Prosecution or any of the parties and a full list of officially recognised evidence that has lead to the conclusion of the Prosecutor's own personal opinion. The Judge(s) are then to review the letter and decide on whether to bring the case to trial. If they believe that there is a lack of evidence the case can brought to trial, then they can request that the Prosecution finds more evidence, or they may give the Prosecutor a permit to formally close the case. If a permit to close the case was granted, then it is at the Prosecutor's discretion on whether to gather more evidence or whether to close it.
5d. At the trial, all witnesses and the experts must bear testimony once again and are mandated to swear an oath to tell the truth and nothing but the truth. The defendant(s) has/have an option to make a testimony at any point of the trial, but he/she is not required to swear an oath. The Prosecutor or an Attorney of a party has the right to cross-examine the witness or expert if necessary to correct any information or point out contradictions that can change the case significantly and if the cross-examinations has resulted in any new information coming to light or contradictions being revealed, then the Judge is required to make the testifier retestify to ensure that all information is corrected. The court may be adjourned if new information that requires investigation by the Prosecutor comes to light. The Judge(s) then declare their verdict once all evidence has been submitted; a majority, in the case of a panel, with the verdict either being a 'ruling in favour of the Prosecution's claims' or a 'ruling in favour of the Defendant's claims'.
5e. Either party in a Court of Administrative Law trialing an individual or group of individuals has the right to appeal their case to a High Court of Administrative Law, if they feel that the verdict or the sentencing was to harsh, too lenient or wrong. Upon the conclusion of the appeal, either party in that appeal has the further right to appeal to the Supreme Court of Aurentina.

Regarding the Supreme Court of Aurentina

6a. This bill establishes a supreme court, the Supreme Court of Aurentina, as the court of final appeal for criminal, civil and administrative law, whilst being the sole court responsible for constitutional law.
6b. The amount of Judges shall be set to 45, with no more or no less Judges at any ordinary period of time.
6c. There shall be two panels of the Supreme Court of Aurentina, each headed by a Vice President of the Supreme Court that is elected by the members of the panel.
6d. A Vice President of the Supreme Court is permitted to serve only one non-renewable term of 4 years.
6e. All cases regarding constitutional law shall come to the Supreme Court. Cases regarding constitutional law shall be presided over by a panel of 7 Judges, consisting of the President of the Supreme Court, the two Vice Presidents of the Supreme Court and two Judges from each panel picked by the Vice President of the respective panel specifically for the case.
6f. Among the Judges a President of the Supreme Court shall be elected, with each Judge receiving a fair and equal vote. The President of the Supreme Court is mandated to be an ex-Vice President of the Supreme Court, with the exception of the first Supreme Court Judge, who shall be appointed with a 75% majority of the Senate and shall be the first Judge on the Supreme Court of Aurentina. The first President shall choose the first two Vice Presidents of the Supreme Court. A President of the Supreme Corut may only serve one non-renewable term of 4 years.

Impeachment of the President of Aurentina

7a. The Senate may open the case for the Impeachment of the President of Aurentina with a 66% majority for every charge against the President of Aurentina.
7b. The Director of Public Prosecutions shall be responsible for the investigation of of the President of Aurentina's charges, choosing whether to Prosecute and for the submission of the case findings to the panel of Judges for approval.
7c. The panel of Judges presiding over the case shall consist of a the President of the Supreme Court, the two Vice Presidents of the Supreme Court and two Judges from the Supreme Court elected for the case by the entirety of the Supreme Court, shall act as the Judges of the case submitted against the President. The Judges shall be responsible for the approval of the case findings by the Director of Public Prosecutions, conducting the trial and decide the final verdict.
7e. Upon the deliverance of guilt, the only sentence that may given is the official Impeachment. Conviction for other charges must be conducted in the relevant court of law.

Recognition of Professions of Law

8a. This bill recognises the professions of Prosecutor, defined as a magistrate and civil servant that oversees the investigation of a case, submits the case findings to the relevant Judge for approval; and represents their case in a trial, Attorney, defined as an individual that is licensed to practice law and Judge, defined as a magistrate who review cases submitted by prosecutors and approves them for trial if there is enough evidence, presides over trials and declares a verdict at the end either as part of a panel or alone, and establishes professional associations for them, the College of Public Prosecutors, Aurentine Bar Association and College of Justices.
8b. This bill creates a new qualification, the Postgraduate Legal Diploma, as a base requirement for graduates without a law degree, but otherwise holding an alternative degree from an university, that shall be studied full-time over a year or part-time over two years at a recognised law school.
8c. This bill mandates that the basic qualification to becoming a Prosecutor, Attorney or Judge requires either a Bachelor of Law or a Postgraduate Legal Diploma
8d. The qualification path to becoming a Prosecutor shall include a Public Prosecution Practice Course as a training course to be ran by law schools, with the curriculum being set by the College of Public Prosecutors.
8e: The qualification path to becoming an Attorney shall include an Aurentine Bar Examination as a training course to be ran by law schools, with the curriculum being set by the Aurentine Bar Association.
8f. The qualification path to becoming a Judge shall include a Judicial Professional Training Course as a training course to be ran by law schools, with the curriculum being set by the College of Justices.
8g. An individual may not be appointed to a position defined as a magistrate, such as that of Judge or Prosecutor, due to the political bias of the Senate, the Council of Ministers or the President and instead must go through the standard procedure of qualification.
8h. In recognition of the number of established of Prosecutors, Attorneys and Judges who may have qualified under the British rule of Aurentina, their qualifications shall be recognised as legitimate qualifications to hold their position, or if they can prove that they were employed in that capacity to the Ministry of Justice or their local Administrative Court.
8i. A foreign attorney is permitted to practice law in Aurentina if they have been admitted to the bar in another country, have practiced law in that jurisdiction and can prove that they have a firm understanding of Aurentine law by passing a test that shall be ran by the Aurentine Bar Association.
8j. A private prosecution may be brought on by an Attorney on behalf of the victim, or in the case of a murder, his family or associates, if a Prosecutor believes that there isn't a case, he is granted the right by a Judge to close the case and he does so. The private prosecutor must funded by his or her client and the Prosecutor is required to resubmit the case to the Judge stating that a private prosecutor wishes to bring the case to trial. However, at any point, the Prosecutor may take over the case from the private prosecutor at any point in time and must cover all costs on behalf of the Prosecution Office if he does so, or if a guilty verdict is reached, than the Prosecution Office is required to cover all the costs of the private prosecution.

The Commonwealth Prosecution Service

9a. The Commonwealth Prosecution Service is established to conduct public prosecutions, headed by a Director of Public Prosecutions.
9b. The Commonwealth Prosecution Service shall establish a series of Prosecution Offices headed by a Chief Prosecutor and consisting of a number of subordinate Public Prosecutors and Associate Public Prosecutors. The established jurisdiction of a Prosecution Office shall be based upon population size.
9c. Prosecutors are required to be employed by Prosecution Offices to retain their powers of a Prosecutor and magistrate.
9d. It is the duty of the local constabulary, court, individual or organisation to file a case the Prosecution Office as soon as possible in the jurisdiction an offense was committed. Upon the immediate filing, the Chief Prosecutor is required to assign a Public Prosecutor or Associate Public Prosecutor, or to assign him-or-herself to oversee the investigation of a case and if necessary contact the local police constabulary to conduct the investigation if they are not currently doing so.
9e. A Prosecutor, if he or she is holding public office or is a member of a political party, is not permitted to prosecute administrative or constitutional cases.
9f. The requirement to be a Prosecutor is hereby defined as:

(a) Citizenship of the Commonwealth of Aurentina.
(b) No holding of any other magisterial position.
(c) No membership in the police.
(d) No criminal convictions for a felony or a delict.
(e) No criminal convictions for a contravention in the last 24 months, with the exception of traffic offenses.
(f) No ongoing disability disqualifying the Prosecutor from performing their judicial duties.
(g) The ability to attend their Prosecution Office and Court of First Instance punctually.
(h) An age above 18.


The Courts and Tribunals Service

10a. The Courts and Tribunals Service is established as an agency of the Ministry of Justice responsible for the administration of the courts of Aurentina, headed by the Minister of Justice and the President of the Supreme Court.
10b. The Courts and Tribunals Service shall be responsible for designating the jurisdictions of all courts in Aurentina and for assigning a qualified Judge to preside over the court.
10c. The Courts and Tribunals Service shall be have a board consisting of the Minister of Justice, the President of the Supreme Court, the two Vice Presidents of the Supreme Court and three senior civil servants, who are not permitted to be either be a Magistrate or an Attorney.
10d. Official meetings of the board requires attendance from all members bar the Minister of Justice.
10e. The board is formally required to approve the appointment of Judges to preside over courts, formally set the required number of Judges that a court needs based upon the amount of cases that it receives and taking into account the population size of jurisdiction and to commission civil servants to aid in their performance of this role.
10f. The requirement to be a Judge is hereby defined as:

(a) Citizenship of the Commonwealth of Aurentina.
(b) No holding of any other magisterial position.
(c) No membership in the police.
(d) No membership in a legislative assembly.
(e) No membership in a political party.
(f) Residence in the jurisdiction of the court in which they work.
(g) No criminal convictions for a felony or a delict.
(h) No criminal convictions for a contravention in the last 24 months, with the exception of traffic offenses.
(i) No ongoing disability disqualifying the Judge from performing their judicial duties.
(j) The ability to attend the court punctually.
(k) An age above 18.


Judicial Offenses

11a. Perjury is defined to be a witness giving false information to the court in their testimony which may influence the outcome of the case. It is to be considered a delict.
11b. Contempt of Court is defined to be disobedience of a court order, including Court Summons, conditions of bail and disrupting the proceedings of the court in any other way in order to undermine the administration of justice. Contempt of Court can either be a contravention or a delict; if it was committed during a trial regarding a contravention, it too is a contravention. During any other case, the panel of Judges trialing the case will decide via vote which requires a simple majority on what to class it as. If the result is indecisive, the Prosecutor for the case shall decide.
11c. Perverting the Court of Justice is defined as being fabricating or disposing of evidence or use of threats and/or intimidation against judges, jurors, witnesses or anyone involved in the court proceedings. It is to be considered a delict.
11d. Bribery in a judicial context is defined to be offering money or favours to judges, witnesses or anyone involved in the court proceedings in order to influence the outcome of a trial. It is to be considered a delict.

Regarding Administrative Courts

12a. Establishes a category of administrative court, the Court of Administrative Law as the court of first instance for cases regarding administrative law.
12b. Establishes a category of administrative court, the High Court of Administrative Law as the superior court for cases regarding administrative law.
12c. Recognises the Supreme Court of Aurentina's Administrative Council as the highest authority in case regarding administrative law.

A notice on the usage of British pounds

13a. British pounds have been used, even though the British pound isn't our official currency. Upon the establishment of an official currency, then the value is deemed to be whatever is equivalent to the value of British pounds. However, this act recognises that tying criminal and civil cases to a foreign currency is a bad idea and strongly recommend that upon the establishment of an official currency that the Ministry of Justice creates a committee to set the values. Alternatively, the act establishing our currency could contain a rider regarding the value of cases and penalties, along with anything else in this act which is tied to the British pound.

Queue now.
Last edited by Wolfmanne on Sun Jun 02, 2013 5:51 am, edited 3 times in total.
Cicero thinks I'm Rome's Helen of Troy and Octavian thinks he'll get his money, the stupid fools.

User avatar
Britanno
Minister
 
Posts: 2992
Founded: Apr 05, 2013
Ex-Nation

Postby Britanno » Sun Jun 02, 2013 6:22 am

Wolfmanne wrote:Judicial Act (here we go)
Judicial Act

Co-Drafted by: Wolfmanne (P-CP), Polvia (RG), Evraim (P-CP) and Geadland (P-CP)
Co-Sponsors: Maklohi Vai (LD), Agritum (CSP), Divair (CSP), Potenco (RG), Great Nepal (CFE)

Severity of Crime

1a. A contravention is defined as the least severe form of a crime, which is crime that lacks the severity to trialed against a panel of judges in it's court of first instance. Examples include driving offenses and public disorder. A perpetrator of a contravention may not receive a prison sentence. A maximum fine of £3,000 may be given; it is a maximum fine of £45,000 against corporations.
1b. A delict is defined as a crime that is severe enough to have it's case be trialed before a panel of judges, but not severe enough to warrant the same or similar punishment as a felony. Examples include aggravated assault and battery or wilful neglect of a child. A perpetrator of a delict may receive a prison sentence at or under 10 years and my be fined up to £15,000; it is a maximum fine of £1,000,000 against corporations.
1c. A felony is defined as the most serious kind of crime that could of resulted or has caused the death of an individual or a group, or has otherwise caused severe psychological or physical damage. Examples include murder, rape or arson. A felony shall be trialed before a panel of judges and shall be subject to the most severe forms of punishment. A perpetrator of a felony is mandated to receive a prison sentence at or over 10 years (depending on the crime, the minimum could be more) ; it is a maximumfine of £10,000,000 against corporations.
1d. A criminal case is to be referred to by name as "Commonwealth vs. [Surname of the Defendant]", or if disambiguation is required, "Commonwealth vs. [Surname of the Defendant], [Name of Court] [Year]". If the defendant's surname is required to be kept secret for purposes of protection, the surname of the defendant should instead be replaced by a single letter.

Regarding Ordinary Courts

2a. This bill establishes a category of ordinary court, the Court of First Instance, with a mandate to trial contraventions, delicts and civil cases. Contraventions and civil cases in which claims don't exceed £5,000 are to be trialed in this court with one presiding Judge whilst delicts and civil cases in which claims exceed £5,000 are to trialed by a panel of three judges.
2b. This bill establishes a category of ordinary court, the Court of Assize, with a mandate to trial felonies, to act as the first court of appeal for delicts, contraventions and felonies which have been trialed. Felonies and felony appeals are to be trialed by a panel of five Judges, whilst appeals are to be trialed by a panel of 3 judges.
2c. This bill grants the Supreme Court of Aurentina the power to be the court of final appeal for criminal and civil law cases unresolved in lesser courts, with both types of appeals to be trialed by a panel of 5 judges.
2d. Each court shall have its own courthouse in which to conduct proceedings, though the building may be shared with other courts in the same jurisdiction. The exception to this is the Supreme Court of Aurentina, which is mandated to have it's courtroom in the capital of Aurentina and it is not permitted to share it's courthouse with other courts.

Aurentine Criminal Procedure

3a. Upon the submission of a case to the Prosecution Office, a Prosecutor is required to be assigned by the Chief Prosecutor to oversee the gathering of the facts. The Prosecutor can appoint experts to carry out examinations; and, when the examination cannot be repeated (for instance, an autopsy), he must inform any relevent suspects, witnesses or defendants, so that the Prosecutor can appoint another expert, to ensure the prosecuted's right of defense, who shall be presumed innocent until proven guilty. In case of interrogations, of searches and of seizures, the suspect, defendant or witness can ask that his Attorney be present.
3b. During an interrogation of a witness, the witness is required to swear an oath to say the truth, only the truth and nothing but the truth and his or her attorney is bound by that as well. If the witness reveals incriminating evidence that gives the possibility that the witness is a potential suspect or [u]refuses to answer a question that would self-incriminate the questioned individual, all questioning must stop for a period of 24 hours, the Prosecutor must inform the individual that he is now a suspect and he mandated to ask whether the suspect would like a state-appointed attorney. Suspects or the defendant can not be forced to swear an oath.
3c. A Prosecutor may issue a precautionary measure against a witness, potential suspect or defendant to preventing the individual from fleeing, from committing another crime or from destroying true evidence or creating false evidence. If the individual believes that the precautionary measure was wrongly submitted, the individual is permitted to appeal to the panel of Judges who will be conducting the trial for the case to have it revoked or corrected. These precautionary measures are as follows are as follows:

(a) Prohibition to leave the country
(b) Duty to present oneself to the nearest police station on given days
(c) Expulsion from one's family house
(d) Restraining orders
(e) Prohibition or duty to dwell in a given place
(f) House arrest
(g) Provisional arrest


3d. At timed intervals, which will be decided on by the (Judge)s conducting the trial and upon the conclusion of the investigation phase, the Prosecutor is required to submit the case findings and evidence recognised by the court in writing to the panel of judges, who will then review the case and make the decision on whether the Prosecution should continue the investigation, on granting the permit to the Prosecution to close the case or if the trial should commence. The letter is required to list all the the parties to the cases (including their Attorneys in addition to the party's witnesses), any experts who conducted the investigation on behalf of the Prosecution or any of the parties and a full list of officially recognised evidence that has lead to the conclusion of the Prosecutor's own personal opinion on who the defendant(s) is/are with an explanation for the reason why. The Judge(s) are then to review the letter and if they accept the possibility of the guilt of the defendant(s), then they are to bring the case to trial. If they believe that there is a lack of evidence the case can brought to trial, then they can request that the Prosecution finds more evidence, or they may give the Prosecutor a permit to formally close the case. If a permit to close the case was granted, then it is at the Prosecutor's discretion on whether to gather more evidence or whether to close it.
3e. At the trial, all witnesses and the experts must bear testimony once again and are mandated to swear an oath to tell the truth and nothing but the truth. The defendant(s) has/have an option to make a testimony at any point of the trial, but he/she is not required to swear an oath. The Prosecutor or an Attorney of a party has the right to cross-examine the witness or expert if necessary to correct any information or point out contradictions that can change the case significantly and if the cross-examinations has resulted in any new information coming to light or contradictions being revealed, then the Judge is required to make the testifier retestify to ensure that all information is corrected. The court may be adjourned if new information that requires investigation by the Prosecutor comes to light. The Judge(s) then declare their verdict once all evidence has been submitted; a majority, in the case of a panel, is required for a verdict of guilt.
3f. Either party in a Court of First Instance trialing an individual or group of individuals has the right to appeal their case to a Court of Assize, if they feel that the verdict or the sentencing was to harsh, too lenient or wrong. Upon the conclusion of the appeal, either party in that appeal has the further right to appeal to the Supreme Court of Aurentina.
3g. Either party in a Court of Assize trialing an individual or group of individuals that has committed a delict has the right to appeal their case to another Court of Assize. Upon the conclusion of the appeal, either party in that appeal has the further right to appeal to the Supreme Court of Aurentina.

Aurentine Civil Procedure

4a. The Plaintiff of a civil case is required to submit the case to the Prosecution Office in their jurisdiction. A Prosecutor is required to be assigned by the Chief Prosecutor to investigate the facts of the case. The Prosecutor, if he deems it to be necessary, assign experts, such as police officers, government agents or forensic scientists to conduct the investigation on behalf of the Prosecutor. The Prosecutor is required to notify the Defendant that a case is being brought against him within 24 hours. The Defendant is permitted to submit a counterclaim. The Plaintiff and the Defendant are permitted to have an Attorney, paid at their own expense, to represent them. The Prosecutor or an expert with authorisation from the Prosecutor may interrogate witnesses and individuals from either party, or conduct searches or seizures, and those being interrogated are all required to swear an oath to tell the truth, only the truth and nothing but the truth. They are allowed to have an Attorney present during an interrogation.
4b. A Prosecutor may issue a precautionary measure against a witness, the Defendant or the Plaintiff to preventing the individual from fleeing, or from destroying true evidence and creating false evidence. If the individual believes that the precautionary measure was wrongly submitted, the individual is permitted to appeal to the panel of Judges who will be conducting the trial for the case to have it revoked or corrected. These precautionary measures are as follows are as follows:

(a) Prohibition to leave the country
(b) Duty to present oneself to the nearest police station on given days
(c) Expulsion from one's family house
(d) Restraining orders
(e) Prohibition or duty to dwell in a given place
(f) House arrest
(g) Provisional arrest


4c. At timed intervals, which will be decided on by the (Judge)s conducting the trial and upon the conclusion of the investigation phase, the Prosecutor is required to submit the case findings and evidence recognised by the court in writing to the panel of judges to begin the trial. The letter is required to list all the the parties to the cases (including their Attorneys in addition to the party's witnesses), any experts who conducted the investigation on behalf of the Prosecution or any of the parties and a full list of officially recognised evidence that has lead to the conclusion of the Prosecutor's own personal opinion on whether to rule in favour of the Plaintiff, the Defendant or any other relevant parties. If they believe that there is a lack of evidence the case can brought to trial, then they can request that the Prosecution is given more time to evidence, but the Judges can not issue a permit for the Prosecutor to close the case unless both sides agree to do so.
4d. At the trial, all witnesses and the experts must bear testimony once again and are mandated to swear an oath to tell the truth and nothing but the truth. The Prosecutor is only mandated to make an appearance at the start of the court, to formally announce his case findings and his opinions. For the rest of the proceedings, the Prosecutor is not required to be present. The defendant(s) or the plantiff(s) has/have an option to make a testimony at any point of the trial, but he/she is not required to swear an oath. The Attorney of a party has the right to cross-examine the witness or expert if necessary to correct any information or point out contradictions that can change the case significantly and if the cross-examinations has resulted in any new information coming to light or contradictions being revealed, then the Judge is required to make the testifier retestify to ensure that all information is corrected. The court may be adjourned if new information that requires investigation by the Prosecutor comes to light. The Judge(s) then declare their verdict once all evidence has been submitted; a majority, in the case of a panel, with the verdict either being a 'ruling in favour of the Plaintiff' or a 'ruling in favour of the Defendant'.
4e. Either party in a Court of First Instance trialing an individual or group of individuals has the right to appeal their case to a Court of Assize if they feel that the verdict or the sentencing was to harsh, too lenient or wrong. Upon the conclusion of the appeal, either party in that appeal has the further right to appeal to the Supreme Court of Aurentina.
4f. Either party in a Court of Assize trialing an individual or group of individuals that has committed a delict has the right to appeal their case to another Court of Assize if they feel that the verdict or the sentencing was to harsh, too lenient or wrong. Upon the conclusion of the appeal, either party in that appeal has the further right to appeal to the Supreme Court of Aurentina.

Aurentine Administrative Procedure

5a. Upon the submission of a case to the Prosecution Office, a Prosecutor is required to be assigned by the Chief Prosecutor to investigate the facts of the case. The Prosecutor, if he deems it to be necessary, assign experts, such as police officers, government agents or forensic scientists to conduct the investigation on behalf of the Prosecutor. The Defendant has the right to an Attorney and may be appointed one at the expense at the expense of the state. The Prosecutor or an expert with authorisation from the Prosecutor may interrogate witnesses and the Defendant, or conduct searches or seizures , and those being interrogated are all required to swear an oath to tell the truth, only the truth and nothing but the truth. They are allowed to have an Attorney present during an interrogation.
5b. A Prosecutor may issue a precautionary measure against a witness or the Defendant preventing the individual from fleeing, or from destroying true evidence and creating false evidence. If the individual believes that the precautionary measure was wrongly submitted, the individual is permitted to appeal to the panel of Judges who will be conducting the trial for the case to have it revoked or corrected. These precautionary measures are as follows are as follows:

(a) Prohibition to leave the country
(b) Duty to present oneself to the nearest police station on given days
(c) Expulsion from one's family house
(d) Restraining orders
(e) Prohibition or duty to dwell in a given place
(f) House arrest
(g) Provisional arrest


5c. At timed intervals, which will be decided on by the (Judge)s conducting the trial and upon the conclusion of the investigation phase, the Prosecutor is required to submit the case findings and evidence recognised by the court in writing to the panel of judges presiding over the case, who will then review the case and make the decision on whether the Prosecution should continue the investigation, on granting the permit to the Prosecution to close the case or if the trial should commence. The letter is required to list all the the parties to the cases (including their Attorneys in addition to the party's witnesses), any experts who conducted the investigation on behalf of the Prosecution or any of the parties and a full list of officially recognised evidence that has lead to the conclusion of the Prosecutor's own personal opinion. The Judge(s) are then to review the letter and decide on whether to bring the case to trial. If they believe that there is a lack of evidence the case can brought to trial, then they can request that the Prosecution finds more evidence, or they may give the Prosecutor a permit to formally close the case. If a permit to close the case was granted, then it is at the Prosecutor's discretion on whether to gather more evidence or whether to close it.
5d. At the trial, all witnesses and the experts must bear testimony once again and are mandated to swear an oath to tell the truth and nothing but the truth. The defendant(s) has/have an option to make a testimony at any point of the trial, but he/she is not required to swear an oath. The Prosecutor or an Attorney of a party has the right to cross-examine the witness or expert if necessary to correct any information or point out contradictions that can change the case significantly and if the cross-examinations has resulted in any new information coming to light or contradictions being revealed, then the Judge is required to make the testifier retestify to ensure that all information is corrected. The court may be adjourned if new information that requires investigation by the Prosecutor comes to light. The Judge(s) then declare their verdict once all evidence has been submitted; a majority, in the case of a panel, with the verdict either being a 'ruling in favour of the Prosecution's claims' or a 'ruling in favour of the Defendant's claims'.
5e. Either party in a Court of Administrative Law trialing an individual or group of individuals has the right to appeal their case to a High Court of Administrative Law, if they feel that the verdict or the sentencing was to harsh, too lenient or wrong. Upon the conclusion of the appeal, either party in that appeal has the further right to appeal to the Supreme Court of Aurentina.

Regarding the Supreme Court of Aurentina

6a. This bill establishes a supreme court, the Supreme Court of Aurentina, as the court of final appeal for criminal, civil and administrative law, whilst being the sole court responsible for constitutional law.
6b. The amount of Judges shall be set to 45, with no more or no less Judges at any ordinary period of time.
6c. There shall be two panels of the Supreme Court of Aurentina, each headed by a Vice President of the Supreme Court that is elected by the members of the panel.
6d. A Vice President of the Supreme Court is permitted to serve only one non-renewable term of 4 years.
6e. All cases regarding constitutional law shall come to the Supreme Court. Cases regarding constitutional law shall be presided over by a panel of 7 Judges, consisting of the President of the Supreme Court, the two Vice Presidents of the Supreme Court and two Judges from each panel picked by the Vice President of the respective panel specifically for the case.
6f. Among the Judges a President of the Supreme Court shall be elected, with each Judge receiving a fair and equal vote. The President of the Supreme Court is mandated to be an ex-Vice President of the Supreme Court, with the exception of the first Supreme Court Judge, who shall be appointed with a 75% majority of the Senate and shall be the first Judge on the Supreme Court of Aurentina. The first President shall choose the first two Vice Presidents of the Supreme Court. A President of the Supreme Corut may only serve one non-renewable term of 4 years.

Impeachment of the President of Aurentina

7a. The Senate may open the case for the Impeachment of the President of Aurentina with a 66% majority for every charge against the President of Aurentina.
7b. The Director of Public Prosecutions shall be responsible for the investigation of of the President of Aurentina's charges, choosing whether to Prosecute and for the submission of the case findings to the panel of Judges for approval.
7c. The panel of Judges presiding over the case shall consist of a the President of the Supreme Court, the two Vice Presidents of the Supreme Court and two Judges from the Supreme Court elected for the case by the entirety of the Supreme Court, shall act as the Judges of the case submitted against the President. The Judges shall be responsible for the approval of the case findings by the Director of Public Prosecutions, conducting the trial and decide the final verdict.
7e. Upon the deliverance of guilt, the only sentence that may given is the official Impeachment. Conviction for other charges must be conducted in the relevant court of law.

Recognition of Professions of Law

8a. This bill recognises the professions of Prosecutor, defined as a magistrate and civil servant that oversees the investigation of a case, submits the case findings to the relevant Judge for approval; and represents their case in a trial, Attorney, defined as an individual that is licensed to practice law and Judge, defined as a magistrate who review cases submitted by prosecutors and approves them for trial if there is enough evidence, presides over trials and declares a verdict at the end either as part of a panel or alone, and establishes professional associations for them, the College of Public Prosecutors, Aurentine Bar Association and College of Justices.
8b. This bill creates a new qualification, the Postgraduate Legal Diploma, as a base requirement for graduates without a law degree, but otherwise holding an alternative degree from an university, that shall be studied full-time over a year or part-time over two years at a recognised law school.
8c. This bill mandates that the basic qualification to becoming a Prosecutor, Attorney or Judge requires either a Bachelor of Law or a Postgraduate Legal Diploma
8d. The qualification path to becoming a Prosecutor shall include a Public Prosecution Practice Course as a training course to be ran by law schools, with the curriculum being set by the College of Public Prosecutors.
8e: The qualification path to becoming an Attorney shall include an Aurentine Bar Examination as a training course to be ran by law schools, with the curriculum being set by the Aurentine Bar Association.
8f. The qualification path to becoming a Judge shall include a Judicial Professional Training Course as a training course to be ran by law schools, with the curriculum being set by the College of Justices.
8g. An individual may not be appointed to a position defined as a magistrate, such as that of Judge or Prosecutor, due to the political bias of the Senate, the Council of Ministers or the President and instead must go through the standard procedure of qualification.
8h. In recognition of the number of established of Prosecutors, Attorneys and Judges who may have qualified under the British rule of Aurentina, their qualifications shall be recognised as legitimate qualifications to hold their position, or if they can prove that they were employed in that capacity to the Ministry of Justice or their local Administrative Court.
8i. A foreign attorney is permitted to practice law in Aurentina if they have been admitted to the bar in another country, have practiced law in that jurisdiction and can prove that they have a firm understanding of Aurentine law by passing a test that shall be ran by the Aurentine Bar Association.
8j. A private prosecution may be brought on by an Attorney on behalf of the victim, or in the case of a murder, his family or associates, if a Prosecutor believes that there isn't a case, he is granted the right by a Judge to close the case and he does so. The private prosecutor must funded by his or her client and the Prosecutor is required to resubmit the case to the Judge stating that a private prosecutor wishes to bring the case to trial. However, at any point, the Prosecutor may take over the case from the private prosecutor at any point in time and must cover all costs on behalf of the Prosecution Office if he does so, or if a guilty verdict is reached, than the Prosecution Office is required to cover all the costs of the private prosecution.

The Commonwealth Prosecution Service

9a. The Commonwealth Prosecution Service is established to conduct public prosecutions, headed by a Director of Public Prosecutions.
9b. The Commonwealth Prosecution Service shall establish a series of Prosecution Offices headed by a Chief Prosecutor and consisting of a number of subordinate Public Prosecutors and Associate Public Prosecutors. The established jurisdiction of a Prosecution Office shall be based upon population size.
9c. Prosecutors are required to be employed by Prosecution Offices to retain their powers of a Prosecutor and magistrate.
9d. It is the duty of the local constabulary, court, individual or organisation to file a case the Prosecution Office as soon as possible in the jurisdiction an offense was committed. Upon the immediate filing, the Chief Prosecutor is required to assign a Public Prosecutor or Associate Public Prosecutor, or to assign him-or-herself to oversee the investigation of a case and if necessary contact the local police constabulary to conduct the investigation if they are not currently doing so.
9e. A Prosecutor, if he or she is holding public office or is a member of a political party, is not permitted to prosecute administrative or constitutional cases.
9f. The requirement to be a Prosecutor is hereby defined as:

(a) Citizenship of the Commonwealth of Aurentina.
(b) No holding of any other magisterial position.
(c) No membership in the police.
(d) No criminal convictions for a felony or a delict.
(e) No criminal convictions for a contravention in the last 24 months, with the exception of traffic offenses.
(f) No ongoing disability disqualifying the Prosecutor from performing their judicial duties.
(g) The ability to attend their Prosecution Office and Court of First Instance punctually.
(h) An age above 18.


The Courts and Tribunals Service

10a. The Courts and Tribunals Service is established as an agency of the Ministry of Justice responsible for the administration of the courts of Aurentina, headed by the Minister of Justice and the President of the Supreme Court.
10b. The Courts and Tribunals Service shall be responsible for designating the jurisdictions of all courts in Aurentina and for assigning a qualified Judge to preside over the court.
10c. The Courts and Tribunals Service shall be have a board consisting of the Minister of Justice, the President of the Supreme Court, the two Vice Presidents of the Supreme Court and three senior civil servants, who are not permitted to be either be a Magistrate or an Attorney.
10d. Official meetings of the board requires attendance from all members bar the Minister of Justice.
10e. The board is formally required to approve the appointment of Judges to preside over courts, formally set the required number of Judges that a court needs based upon the amount of cases that it receives and taking into account the population size of jurisdiction and to commission civil servants to aid in their performance of this role.
10f. The requirement to be a Judge is hereby defined as:

(a) Citizenship of the Commonwealth of Aurentina.
(b) No holding of any other magisterial position.
(c) No membership in the police.
(d) No membership in a legislative assembly.
(e) No membership in a political party.
(f) Residence in the jurisdiction of the court in which they work.
(g) No criminal convictions for a felony or a delict.
(h) No criminal convictions for a contravention in the last 24 months, with the exception of traffic offenses.
(i) No ongoing disability disqualifying the Judge from performing their judicial duties.
(j) The ability to attend the court punctually.
(k) An age above 18.


Judicial Offenses

11a. Perjury is defined to be a witness giving false information to the court in their testimony which may influence the outcome of the case. It is to be considered a delict.
11b. Contempt of Court is defined to be disobedience of a court order, including Court Summons, conditions of bail and disrupting the proceedings of the court in any other way in order to undermine the administration of justice. Contempt of Court can either be a contravention or a delict; if it was committed during a trial regarding a contravention, it too is a contravention. During any other case, the panel of Judges trialing the case will decide via vote which requires a simple majority on what to class it as. If the result is indecisive, the Prosecutor for the case shall decide.
11c. Perverting the Court of Justice is defined as being fabricating or disposing of evidence or use of threats and/or intimidation against judges, jurors, witnesses or anyone involved in the court proceedings. It is to be considered a delict.
11d. Bribery in a judicial context is defined to be offering money or favours to judges, witnesses or anyone involved in the court proceedings in order to influence the outcome of a trial. It is to be considered a delict.

Regarding Administrative Courts

12a. Establishes a category of administrative court, the Court of Administrative Law as the court of first instance for cases regarding administrative law.
12b. Establishes a category of administrative court, the High Court of Administrative Law as the superior court for cases regarding administrative law.
12c. Recognises the Supreme Court of Aurentina's Administrative Council as the highest authority in case regarding administrative law.

A notice on the usage of British pounds

13a. British pounds have been used, even though the British pound isn't our official currency. Upon the establishment of an official currency, then the value is deemed to be whatever is equivalent to the value of British pounds. However, this act recognises that tying criminal and civil cases to a foreign currency is a bad idea and strongly recommend that upon the establishment of an official currency that the Ministry of Justice creates a committee to set the values. Alternatively, the act establishing our currency could contain a rider regarding the value of cases and penalties, along with anything else in this act which is tied to the British pound.

Queue now.


Do we have to read all that? Some of us have constituents to talk to.
NSGS Liberal Democrats - The Centrist Alternative
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Pro: marriage equality, polygamy, abortion up to viability, UK Lib Dems, US Democrats
Anti: discrimination, euroscepticism, UKIP, immigrant bashing, UK Labour, US Republicans
British Home Counties wrote:
Alyakia wrote:our nations greatest achievement is slowly but surely being destroyed
America is doing fine atm

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Belmaria
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Posts: 485
Founded: Jun 12, 2010
Ex-Nation

Postby Belmaria » Sun Jun 02, 2013 7:54 am

Britanno wrote:
Wolfmanne wrote:Judicial Act (here we go)
Judicial Act

Co-Drafted by: Wolfmanne (P-CP), Polvia (RG), Evraim (P-CP) and Geadland (P-CP)
Co-Sponsors: Maklohi Vai (LD), Agritum (CSP), Divair (CSP), Potenco (RG), Great Nepal (CFE)

Severity of Crime

1a. A contravention is defined as the least severe form of a crime, which is crime that lacks the severity to trialed against a panel of judges in it's court of first instance. Examples include driving offenses and public disorder. A perpetrator of a contravention may not receive a prison sentence. A maximum fine of £3,000 may be given; it is a maximum fine of £45,000 against corporations.
1b. A delict is defined as a crime that is severe enough to have it's case be trialed before a panel of judges, but not severe enough to warrant the same or similar punishment as a felony. Examples include aggravated assault and battery or wilful neglect of a child. A perpetrator of a delict may receive a prison sentence at or under 10 years and my be fined up to £15,000; it is a maximum fine of £1,000,000 against corporations.
1c. A felony is defined as the most serious kind of crime that could of resulted or has caused the death of an individual or a group, or has otherwise caused severe psychological or physical damage. Examples include murder, rape or arson. A felony shall be trialed before a panel of judges and shall be subject to the most severe forms of punishment. A perpetrator of a felony is mandated to receive a prison sentence at or over 10 years (depending on the crime, the minimum could be more) ; it is a maximumfine of £10,000,000 against corporations.
1d. A criminal case is to be referred to by name as "Commonwealth vs. [Surname of the Defendant]", or if disambiguation is required, "Commonwealth vs. [Surname of the Defendant], [Name of Court] [Year]". If the defendant's surname is required to be kept secret for purposes of protection, the surname of the defendant should instead be replaced by a single letter.

Regarding Ordinary Courts

2a. This bill establishes a category of ordinary court, the Court of First Instance, with a mandate to trial contraventions, delicts and civil cases. Contraventions and civil cases in which claims don't exceed £5,000 are to be trialed in this court with one presiding Judge whilst delicts and civil cases in which claims exceed £5,000 are to trialed by a panel of three judges.
2b. This bill establishes a category of ordinary court, the Court of Assize, with a mandate to trial felonies, to act as the first court of appeal for delicts, contraventions and felonies which have been trialed. Felonies and felony appeals are to be trialed by a panel of five Judges, whilst appeals are to be trialed by a panel of 3 judges.
2c. This bill grants the Supreme Court of Aurentina the power to be the court of final appeal for criminal and civil law cases unresolved in lesser courts, with both types of appeals to be trialed by a panel of 5 judges.
2d. Each court shall have its own courthouse in which to conduct proceedings, though the building may be shared with other courts in the same jurisdiction. The exception to this is the Supreme Court of Aurentina, which is mandated to have it's courtroom in the capital of Aurentina and it is not permitted to share it's courthouse with other courts.

Aurentine Criminal Procedure

3a. Upon the submission of a case to the Prosecution Office, a Prosecutor is required to be assigned by the Chief Prosecutor to oversee the gathering of the facts. The Prosecutor can appoint experts to carry out examinations; and, when the examination cannot be repeated (for instance, an autopsy), he must inform any relevent suspects, witnesses or defendants, so that the Prosecutor can appoint another expert, to ensure the prosecuted's right of defense, who shall be presumed innocent until proven guilty. In case of interrogations, of searches and of seizures, the suspect, defendant or witness can ask that his Attorney be present.
3b. During an interrogation of a witness, the witness is required to swear an oath to say the truth, only the truth and nothing but the truth and his or her attorney is bound by that as well. If the witness reveals incriminating evidence that gives the possibility that the witness is a potential suspect or [u]refuses to answer a question that would self-incriminate the questioned individual, all questioning must stop for a period of 24 hours, the Prosecutor must inform the individual that he is now a suspect and he mandated to ask whether the suspect would like a state-appointed attorney. Suspects or the defendant can not be forced to swear an oath.
3c. A Prosecutor may issue a precautionary measure against a witness, potential suspect or defendant to preventing the individual from fleeing, from committing another crime or from destroying true evidence or creating false evidence. If the individual believes that the precautionary measure was wrongly submitted, the individual is permitted to appeal to the panel of Judges who will be conducting the trial for the case to have it revoked or corrected. These precautionary measures are as follows are as follows:

(a) Prohibition to leave the country
(b) Duty to present oneself to the nearest police station on given days
(c) Expulsion from one's family house
(d) Restraining orders
(e) Prohibition or duty to dwell in a given place
(f) House arrest
(g) Provisional arrest


3d. At timed intervals, which will be decided on by the (Judge)s conducting the trial and upon the conclusion of the investigation phase, the Prosecutor is required to submit the case findings and evidence recognised by the court in writing to the panel of judges, who will then review the case and make the decision on whether the Prosecution should continue the investigation, on granting the permit to the Prosecution to close the case or if the trial should commence. The letter is required to list all the the parties to the cases (including their Attorneys in addition to the party's witnesses), any experts who conducted the investigation on behalf of the Prosecution or any of the parties and a full list of officially recognised evidence that has lead to the conclusion of the Prosecutor's own personal opinion on who the defendant(s) is/are with an explanation for the reason why. The Judge(s) are then to review the letter and if they accept the possibility of the guilt of the defendant(s), then they are to bring the case to trial. If they believe that there is a lack of evidence the case can brought to trial, then they can request that the Prosecution finds more evidence, or they may give the Prosecutor a permit to formally close the case. If a permit to close the case was granted, then it is at the Prosecutor's discretion on whether to gather more evidence or whether to close it.
3e. At the trial, all witnesses and the experts must bear testimony once again and are mandated to swear an oath to tell the truth and nothing but the truth. The defendant(s) has/have an option to make a testimony at any point of the trial, but he/she is not required to swear an oath. The Prosecutor or an Attorney of a party has the right to cross-examine the witness or expert if necessary to correct any information or point out contradictions that can change the case significantly and if the cross-examinations has resulted in any new information coming to light or contradictions being revealed, then the Judge is required to make the testifier retestify to ensure that all information is corrected. The court may be adjourned if new information that requires investigation by the Prosecutor comes to light. The Judge(s) then declare their verdict once all evidence has been submitted; a majority, in the case of a panel, is required for a verdict of guilt.
3f. Either party in a Court of First Instance trialing an individual or group of individuals has the right to appeal their case to a Court of Assize, if they feel that the verdict or the sentencing was to harsh, too lenient or wrong. Upon the conclusion of the appeal, either party in that appeal has the further right to appeal to the Supreme Court of Aurentina.
3g. Either party in a Court of Assize trialing an individual or group of individuals that has committed a delict has the right to appeal their case to another Court of Assize. Upon the conclusion of the appeal, either party in that appeal has the further right to appeal to the Supreme Court of Aurentina.

Aurentine Civil Procedure

4a. The Plaintiff of a civil case is required to submit the case to the Prosecution Office in their jurisdiction. A Prosecutor is required to be assigned by the Chief Prosecutor to investigate the facts of the case. The Prosecutor, if he deems it to be necessary, assign experts, such as police officers, government agents or forensic scientists to conduct the investigation on behalf of the Prosecutor. The Prosecutor is required to notify the Defendant that a case is being brought against him within 24 hours. The Defendant is permitted to submit a counterclaim. The Plaintiff and the Defendant are permitted to have an Attorney, paid at their own expense, to represent them. The Prosecutor or an expert with authorisation from the Prosecutor may interrogate witnesses and individuals from either party, or conduct searches or seizures, and those being interrogated are all required to swear an oath to tell the truth, only the truth and nothing but the truth. They are allowed to have an Attorney present during an interrogation.
4b. A Prosecutor may issue a precautionary measure against a witness, the Defendant or the Plaintiff to preventing the individual from fleeing, or from destroying true evidence and creating false evidence. If the individual believes that the precautionary measure was wrongly submitted, the individual is permitted to appeal to the panel of Judges who will be conducting the trial for the case to have it revoked or corrected. These precautionary measures are as follows are as follows:

(a) Prohibition to leave the country
(b) Duty to present oneself to the nearest police station on given days
(c) Expulsion from one's family house
(d) Restraining orders
(e) Prohibition or duty to dwell in a given place
(f) House arrest
(g) Provisional arrest


4c. At timed intervals, which will be decided on by the (Judge)s conducting the trial and upon the conclusion of the investigation phase, the Prosecutor is required to submit the case findings and evidence recognised by the court in writing to the panel of judges to begin the trial. The letter is required to list all the the parties to the cases (including their Attorneys in addition to the party's witnesses), any experts who conducted the investigation on behalf of the Prosecution or any of the parties and a full list of officially recognised evidence that has lead to the conclusion of the Prosecutor's own personal opinion on whether to rule in favour of the Plaintiff, the Defendant or any other relevant parties. If they believe that there is a lack of evidence the case can brought to trial, then they can request that the Prosecution is given more time to evidence, but the Judges can not issue a permit for the Prosecutor to close the case unless both sides agree to do so.
4d. At the trial, all witnesses and the experts must bear testimony once again and are mandated to swear an oath to tell the truth and nothing but the truth. The Prosecutor is only mandated to make an appearance at the start of the court, to formally announce his case findings and his opinions. For the rest of the proceedings, the Prosecutor is not required to be present. The defendant(s) or the plantiff(s) has/have an option to make a testimony at any point of the trial, but he/she is not required to swear an oath. The Attorney of a party has the right to cross-examine the witness or expert if necessary to correct any information or point out contradictions that can change the case significantly and if the cross-examinations has resulted in any new information coming to light or contradictions being revealed, then the Judge is required to make the testifier retestify to ensure that all information is corrected. The court may be adjourned if new information that requires investigation by the Prosecutor comes to light. The Judge(s) then declare their verdict once all evidence has been submitted; a majority, in the case of a panel, with the verdict either being a 'ruling in favour of the Plaintiff' or a 'ruling in favour of the Defendant'.
4e. Either party in a Court of First Instance trialing an individual or group of individuals has the right to appeal their case to a Court of Assize if they feel that the verdict or the sentencing was to harsh, too lenient or wrong. Upon the conclusion of the appeal, either party in that appeal has the further right to appeal to the Supreme Court of Aurentina.
4f. Either party in a Court of Assize trialing an individual or group of individuals that has committed a delict has the right to appeal their case to another Court of Assize if they feel that the verdict or the sentencing was to harsh, too lenient or wrong. Upon the conclusion of the appeal, either party in that appeal has the further right to appeal to the Supreme Court of Aurentina.

Aurentine Administrative Procedure

5a. Upon the submission of a case to the Prosecution Office, a Prosecutor is required to be assigned by the Chief Prosecutor to investigate the facts of the case. The Prosecutor, if he deems it to be necessary, assign experts, such as police officers, government agents or forensic scientists to conduct the investigation on behalf of the Prosecutor. The Defendant has the right to an Attorney and may be appointed one at the expense at the expense of the state. The Prosecutor or an expert with authorisation from the Prosecutor may interrogate witnesses and the Defendant, or conduct searches or seizures , and those being interrogated are all required to swear an oath to tell the truth, only the truth and nothing but the truth. They are allowed to have an Attorney present during an interrogation.
5b. A Prosecutor may issue a precautionary measure against a witness or the Defendant preventing the individual from fleeing, or from destroying true evidence and creating false evidence. If the individual believes that the precautionary measure was wrongly submitted, the individual is permitted to appeal to the panel of Judges who will be conducting the trial for the case to have it revoked or corrected. These precautionary measures are as follows are as follows:

(a) Prohibition to leave the country
(b) Duty to present oneself to the nearest police station on given days
(c) Expulsion from one's family house
(d) Restraining orders
(e) Prohibition or duty to dwell in a given place
(f) House arrest
(g) Provisional arrest


5c. At timed intervals, which will be decided on by the (Judge)s conducting the trial and upon the conclusion of the investigation phase, the Prosecutor is required to submit the case findings and evidence recognised by the court in writing to the panel of judges presiding over the case, who will then review the case and make the decision on whether the Prosecution should continue the investigation, on granting the permit to the Prosecution to close the case or if the trial should commence. The letter is required to list all the the parties to the cases (including their Attorneys in addition to the party's witnesses), any experts who conducted the investigation on behalf of the Prosecution or any of the parties and a full list of officially recognised evidence that has lead to the conclusion of the Prosecutor's own personal opinion. The Judge(s) are then to review the letter and decide on whether to bring the case to trial. If they believe that there is a lack of evidence the case can brought to trial, then they can request that the Prosecution finds more evidence, or they may give the Prosecutor a permit to formally close the case. If a permit to close the case was granted, then it is at the Prosecutor's discretion on whether to gather more evidence or whether to close it.
5d. At the trial, all witnesses and the experts must bear testimony once again and are mandated to swear an oath to tell the truth and nothing but the truth. The defendant(s) has/have an option to make a testimony at any point of the trial, but he/she is not required to swear an oath. The Prosecutor or an Attorney of a party has the right to cross-examine the witness or expert if necessary to correct any information or point out contradictions that can change the case significantly and if the cross-examinations has resulted in any new information coming to light or contradictions being revealed, then the Judge is required to make the testifier retestify to ensure that all information is corrected. The court may be adjourned if new information that requires investigation by the Prosecutor comes to light. The Judge(s) then declare their verdict once all evidence has been submitted; a majority, in the case of a panel, with the verdict either being a 'ruling in favour of the Prosecution's claims' or a 'ruling in favour of the Defendant's claims'.
5e. Either party in a Court of Administrative Law trialing an individual or group of individuals has the right to appeal their case to a High Court of Administrative Law, if they feel that the verdict or the sentencing was to harsh, too lenient or wrong. Upon the conclusion of the appeal, either party in that appeal has the further right to appeal to the Supreme Court of Aurentina.

Regarding the Supreme Court of Aurentina

6a. This bill establishes a supreme court, the Supreme Court of Aurentina, as the court of final appeal for criminal, civil and administrative law, whilst being the sole court responsible for constitutional law.
6b. The amount of Judges shall be set to 45, with no more or no less Judges at any ordinary period of time.
6c. There shall be two panels of the Supreme Court of Aurentina, each headed by a Vice President of the Supreme Court that is elected by the members of the panel.
6d. A Vice President of the Supreme Court is permitted to serve only one non-renewable term of 4 years.
6e. All cases regarding constitutional law shall come to the Supreme Court. Cases regarding constitutional law shall be presided over by a panel of 7 Judges, consisting of the President of the Supreme Court, the two Vice Presidents of the Supreme Court and two Judges from each panel picked by the Vice President of the respective panel specifically for the case.
6f. Among the Judges a President of the Supreme Court shall be elected, with each Judge receiving a fair and equal vote. The President of the Supreme Court is mandated to be an ex-Vice President of the Supreme Court, with the exception of the first Supreme Court Judge, who shall be appointed with a 75% majority of the Senate and shall be the first Judge on the Supreme Court of Aurentina. The first President shall choose the first two Vice Presidents of the Supreme Court. A President of the Supreme Corut may only serve one non-renewable term of 4 years.

Impeachment of the President of Aurentina

7a. The Senate may open the case for the Impeachment of the President of Aurentina with a 66% majority for every charge against the President of Aurentina.
7b. The Director of Public Prosecutions shall be responsible for the investigation of of the President of Aurentina's charges, choosing whether to Prosecute and for the submission of the case findings to the panel of Judges for approval.
7c. The panel of Judges presiding over the case shall consist of a the President of the Supreme Court, the two Vice Presidents of the Supreme Court and two Judges from the Supreme Court elected for the case by the entirety of the Supreme Court, shall act as the Judges of the case submitted against the President. The Judges shall be responsible for the approval of the case findings by the Director of Public Prosecutions, conducting the trial and decide the final verdict.
7e. Upon the deliverance of guilt, the only sentence that may given is the official Impeachment. Conviction for other charges must be conducted in the relevant court of law.

Recognition of Professions of Law

8a. This bill recognises the professions of Prosecutor, defined as a magistrate and civil servant that oversees the investigation of a case, submits the case findings to the relevant Judge for approval; and represents their case in a trial, Attorney, defined as an individual that is licensed to practice law and Judge, defined as a magistrate who review cases submitted by prosecutors and approves them for trial if there is enough evidence, presides over trials and declares a verdict at the end either as part of a panel or alone, and establishes professional associations for them, the College of Public Prosecutors, Aurentine Bar Association and College of Justices.
8b. This bill creates a new qualification, the Postgraduate Legal Diploma, as a base requirement for graduates without a law degree, but otherwise holding an alternative degree from an university, that shall be studied full-time over a year or part-time over two years at a recognised law school.
8c. This bill mandates that the basic qualification to becoming a Prosecutor, Attorney or Judge requires either a Bachelor of Law or a Postgraduate Legal Diploma
8d. The qualification path to becoming a Prosecutor shall include a Public Prosecution Practice Course as a training course to be ran by law schools, with the curriculum being set by the College of Public Prosecutors.
8e: The qualification path to becoming an Attorney shall include an Aurentine Bar Examination as a training course to be ran by law schools, with the curriculum being set by the Aurentine Bar Association.
8f. The qualification path to becoming a Judge shall include a Judicial Professional Training Course as a training course to be ran by law schools, with the curriculum being set by the College of Justices.
8g. An individual may not be appointed to a position defined as a magistrate, such as that of Judge or Prosecutor, due to the political bias of the Senate, the Council of Ministers or the President and instead must go through the standard procedure of qualification.
8h. In recognition of the number of established of Prosecutors, Attorneys and Judges who may have qualified under the British rule of Aurentina, their qualifications shall be recognised as legitimate qualifications to hold their position, or if they can prove that they were employed in that capacity to the Ministry of Justice or their local Administrative Court.
8i. A foreign attorney is permitted to practice law in Aurentina if they have been admitted to the bar in another country, have practiced law in that jurisdiction and can prove that they have a firm understanding of Aurentine law by passing a test that shall be ran by the Aurentine Bar Association.
8j. A private prosecution may be brought on by an Attorney on behalf of the victim, or in the case of a murder, his family or associates, if a Prosecutor believes that there isn't a case, he is granted the right by a Judge to close the case and he does so. The private prosecutor must funded by his or her client and the Prosecutor is required to resubmit the case to the Judge stating that a private prosecutor wishes to bring the case to trial. However, at any point, the Prosecutor may take over the case from the private prosecutor at any point in time and must cover all costs on behalf of the Prosecution Office if he does so, or if a guilty verdict is reached, than the Prosecution Office is required to cover all the costs of the private prosecution.

The Commonwealth Prosecution Service

9a. The Commonwealth Prosecution Service is established to conduct public prosecutions, headed by a Director of Public Prosecutions.
9b. The Commonwealth Prosecution Service shall establish a series of Prosecution Offices headed by a Chief Prosecutor and consisting of a number of subordinate Public Prosecutors and Associate Public Prosecutors. The established jurisdiction of a Prosecution Office shall be based upon population size.
9c. Prosecutors are required to be employed by Prosecution Offices to retain their powers of a Prosecutor and magistrate.
9d. It is the duty of the local constabulary, court, individual or organisation to file a case the Prosecution Office as soon as possible in the jurisdiction an offense was committed. Upon the immediate filing, the Chief Prosecutor is required to assign a Public Prosecutor or Associate Public Prosecutor, or to assign him-or-herself to oversee the investigation of a case and if necessary contact the local police constabulary to conduct the investigation if they are not currently doing so.
9e. A Prosecutor, if he or she is holding public office or is a member of a political party, is not permitted to prosecute administrative or constitutional cases.
9f. The requirement to be a Prosecutor is hereby defined as:

(a) Citizenship of the Commonwealth of Aurentina.
(b) No holding of any other magisterial position.
(c) No membership in the police.
(d) No criminal convictions for a felony or a delict.
(e) No criminal convictions for a contravention in the last 24 months, with the exception of traffic offenses.
(f) No ongoing disability disqualifying the Prosecutor from performing their judicial duties.
(g) The ability to attend their Prosecution Office and Court of First Instance punctually.
(h) An age above 18.


The Courts and Tribunals Service

10a. The Courts and Tribunals Service is established as an agency of the Ministry of Justice responsible for the administration of the courts of Aurentina, headed by the Minister of Justice and the President of the Supreme Court.
10b. The Courts and Tribunals Service shall be responsible for designating the jurisdictions of all courts in Aurentina and for assigning a qualified Judge to preside over the court.
10c. The Courts and Tribunals Service shall be have a board consisting of the Minister of Justice, the President of the Supreme Court, the two Vice Presidents of the Supreme Court and three senior civil servants, who are not permitted to be either be a Magistrate or an Attorney.
10d. Official meetings of the board requires attendance from all members bar the Minister of Justice.
10e. The board is formally required to approve the appointment of Judges to preside over courts, formally set the required number of Judges that a court needs based upon the amount of cases that it receives and taking into account the population size of jurisdiction and to commission civil servants to aid in their performance of this role.
10f. The requirement to be a Judge is hereby defined as:

(a) Citizenship of the Commonwealth of Aurentina.
(b) No holding of any other magisterial position.
(c) No membership in the police.
(d) No membership in a legislative assembly.
(e) No membership in a political party.
(f) Residence in the jurisdiction of the court in which they work.
(g) No criminal convictions for a felony or a delict.
(h) No criminal convictions for a contravention in the last 24 months, with the exception of traffic offenses.
(i) No ongoing disability disqualifying the Judge from performing their judicial duties.
(j) The ability to attend the court punctually.
(k) An age above 18.


Judicial Offenses

11a. Perjury is defined to be a witness giving false information to the court in their testimony which may influence the outcome of the case. It is to be considered a delict.
11b. Contempt of Court is defined to be disobedience of a court order, including Court Summons, conditions of bail and disrupting the proceedings of the court in any other way in order to undermine the administration of justice. Contempt of Court can either be a contravention or a delict; if it was committed during a trial regarding a contravention, it too is a contravention. During any other case, the panel of Judges trialing the case will decide via vote which requires a simple majority on what to class it as. If the result is indecisive, the Prosecutor for the case shall decide.
11c. Perverting the Court of Justice is defined as being fabricating or disposing of evidence or use of threats and/or intimidation against judges, jurors, witnesses or anyone involved in the court proceedings. It is to be considered a delict.
11d. Bribery in a judicial context is defined to be offering money or favours to judges, witnesses or anyone involved in the court proceedings in order to influence the outcome of a trial. It is to be considered a delict.

Regarding Administrative Courts

12a. Establishes a category of administrative court, the Court of Administrative Law as the court of first instance for cases regarding administrative law.
12b. Establishes a category of administrative court, the High Court of Administrative Law as the superior court for cases regarding administrative law.
12c. Recognises the Supreme Court of Aurentina's Administrative Council as the highest authority in case regarding administrative law.

A notice on the usage of British pounds

13a. British pounds have been used, even though the British pound isn't our official currency. Upon the establishment of an official currency, then the value is deemed to be whatever is equivalent to the value of British pounds. However, this act recognises that tying criminal and civil cases to a foreign currency is a bad idea and strongly recommend that upon the establishment of an official currency that the Ministry of Justice creates a committee to set the values. Alternatively, the act establishing our currency could contain a rider regarding the value of cases and penalties, along with anything else in this act which is tied to the British pound.

Queue now.


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Liberated Counties
Senator
 
Posts: 4627
Founded: Oct 28, 2012
Ex-Nation

Postby Liberated Counties » Sun Jun 02, 2013 10:07 am

I would like to submit this to the queue.
Basic Utilities Privatisation Act


Drafted by Liberated Counties [CFE]
Sponsored by: Great Nepal [CFE] Belmaria [LFP] Regnum Dominae [LFP] Vedastia [LFP] Wolfmanne [PCP] New Zepuha [CMP] Byzantium Imperial [NIFP]

DEFINES Basic Utilities as Water, Gas, Electricity and Sewage.

ACKNOWLEDGES That for the state to provide its citizens with Basic Utilities puts a strain on the taxpayer.

REALISES That private interests can provide these utilities without putting a significant burden on the taxpayer.

HEREBY Allows private businesses to invest in providing Basic Utilities to the population with the standing government taking the position as a regulator.

Section 1: Regionalising
Aurentias pre-existing utilities infrastructure shall be split into North, South, East and West. Each regions appropriate infrastructure shall further split into Water, Gas and Electricity. Sewage will fall under water. Each individual utility will become available to purchase by a private investor, who may purchase rights to provide more than one of these utilities.

Section 2: Maintance
2a) Each provider, once fully cleared legally, will be given the right to be able to maintain the equipment used to provide utilities that exist below or above the surface. The provider must gain planning permission from the local authorities, and can appeal to higher authories if denied permission. Local citizens maintain the right to challenge the provider, however the challenge must be done through the appropriate judiciary system.
2b) Provider is legally obliged to return the area in which it was building in to its original state, and is fully liable for any damage done to personal proporty of locals.
2c) Construction workers and sight managers maintain the right to defend themselves against dissidents, in the unlikely event violence occours.

Section 3: Payments
3a) The Provider is required to give two payment options to the consumer, Fixed Charge and Metered Charge. The consumer is given the right to choose which payment suits his/hers income, When paying under a fixed charge, the consumer pays a pre-determined sum of cash at the end of each month that covers all the units of basic utilities provided, regardless of how much is used. This is advisable for a consumer who is considered to be earning a 'High Income", Metered charge takes into account how much units of basic utilities have been provided, and only charges the consumer at the end of each month the individual units they used, those on a meter are required to pay a surchage that can be determined by the provider. This is suitable for a consumer who is considered "Low Income".

3b) If the consumer fails to pay the cost of the Basic Utilities they will owe the provider the money they have not payed, the provider is however obliged to allow the consumer two months to pay up the total money owed. Failure to pay will result in the Basic Utilies being removed for the consumer. The provider is not liable for any injuries or fatalities as a result.

3c) The Consumer holds the right to challenge the provider in regards to the price, however the challenge must be taken through the proper judiciary systems.

Section 4: Foreign Investment
A Non-Aurentine Investor can only hold 30% of his/her company. The other 70% must be held by a Aurentine Investor.

Section 5: Government Regulation
The Government will have no say in what the Provider does as long as it does not infringe upon other policies and laws. The Government will create the Utilities Oversight Agency to deal with issues in regards to Infringement or Lawbreaking.
Last edited by Liberated Counties on Sun Jun 02, 2013 11:44 am, edited 2 times in total.
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New Zepuha
Minister
 
Posts: 3077
Founded: Dec 31, 2009
Ex-Nation

Postby New Zepuha » Sun Jun 02, 2013 10:15 am

Liberated Counties wrote:I would like to submit this to the queue.
Basic Utilities Privatisation Act


Drafted by Liberated Counties [CFE]
Sponsored by: Great Nepal [CFE] Belmaria [LFP] Regnum Dominae [LFP] Vedastia [LFP] Wolfmanne [PCP]

DEFINES Basic Utilities as Water, Gas, Electricity and Sewage.

ACKNOWLEDGES That for the state to provide its citizens with Basic Utilities puts a strain on the taxpayer.

REALISES That private interests can provide these utilities without putting a significant burden on the taxpayer.

HEREBY Allows private businesses to invest in providing Basic Utilities to the population with the standing government taking the position as a regulator.

Section 1: Regionalising
Aurentias pre-existing utilities infrastructure shall be split into North, South, East and West. Each regions appropriate infrastructure shall further split into Water, Gas and Electricity. Sewage will fall under water. Each individual utility will become available to purchase by a private investor, who may purchase rights to provide more than one of these utilities.

Section 2: Maintance
2a) Each provider, once fully cleared legally, will be given the right to be able to maintain the equipment used to provide utilities that exist below or above the surface. The provider must gain planning permission from the local authorities, and can appeal to higher authories if denied permission. Local citizens maintain the right to challenge the provider, however the challenge must be done through the appropriate judiciary system.
2b) Provider is legally obliged to return the area in which it was building in to its original state, and is fully liable for any damage done to personal proporty of locals.
2c) Construction workers and sight managers maintain the right to defend themselves against dissidents, in the unlikely event violence occours.

Section 3: Payments
3a) The Provider is required to give two payment options to the consumer, Fixed Charge and Metered Charge. The consumer is given the right to choose which payment suits his/hers income, When paying under a fixed charge, the consumer pays a pre-determined sum of cash at the end of each month that covers all the units of basic utilities provided, regardless of how much is used. This is advisable for a consumer who is considered to be earning a 'High Income", Metered charge takes into account how much units of basic utilities have been provided, and only charges the consumer at the end of each month the individual units they used, those on a meter are required to pay a surchage that can be determined by the provider. This is suitable for a consumer who is considered "Low Income".

3b) If the consumer fails to pay the cost of the Basic Utilities they will owe the provider the money they have not payed, the provider is however obliged to allow the consumer two months to pay up the total money owed. Failure to pay will result in the Basic Utilies being removed for the consumer. The provider is not liable for any injuries or fatalities as a result.

3c) The Consumer holds the right to challenge the provider in regards to the price, however the challenge must be taken through the proper judiciary systems.

Section 4: Foreign Investment
A Non-Aurentine Investor can only hold 30% of his/her company. The other 70% must be held by a Aurentine Investor.

Section 5: Government Regulation
The Government will have no say in what the Provider does as long as it does not infringe upon other policies and laws. The Government will create the Utilities Oversight Agency to deal with issues in regards to Infringement or Lawbreaking.

I second that motion.
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Fulflood
Diplomat
 
Posts: 645
Founded: Dec 01, 2012
Ex-Nation

Postby Fulflood » Sun Jun 02, 2013 10:53 am

What are we debating?
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Admin, New Democrat member for Lüborg (504) and ambassador to the Red-Greens in the Aurentine Senate. Minister of Business Safety of Aurentina. Apparently that deserves a ministry, but I'm not complaining. I'm probably none of these things anymore. | The Aurentine Phrasebook, my magnum opus.

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Divair
Khan of Spam
 
Posts: 63434
Founded: May 06, 2009
Ex-Nation

Postby Divair » Sun Jun 02, 2013 10:53 am

Fulflood wrote:What are we debating?

Aren't we voting on RCPA?

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Belmaria
Chargé d'Affaires
 
Posts: 485
Founded: Jun 12, 2010
Ex-Nation

Postby Belmaria » Sun Jun 02, 2013 10:56 am

New Zepuha wrote:
Liberated Counties wrote:I would like to submit this to the queue.
Basic Utilities Privatisation Act


Drafted by Liberated Counties [CFE]
Sponsored by: Great Nepal [CFE] Belmaria [LFP] Regnum Dominae [LFP] Vedastia [LFP] Wolfmanne [PCP]

DEFINES Basic Utilities as Water, Gas, Electricity and Sewage.

ACKNOWLEDGES That for the state to provide its citizens with Basic Utilities puts a strain on the taxpayer.

REALISES That private interests can provide these utilities without putting a significant burden on the taxpayer.

HEREBY Allows private businesses to invest in providing Basic Utilities to the population with the standing government taking the position as a regulator.

Section 1: Regionalising
Aurentias pre-existing utilities infrastructure shall be split into North, South, East and West. Each regions appropriate infrastructure shall further split into Water, Gas and Electricity. Sewage will fall under water. Each individual utility will become available to purchase by a private investor, who may purchase rights to provide more than one of these utilities.

Section 2: Maintance
2a) Each provider, once fully cleared legally, will be given the right to be able to maintain the equipment used to provide utilities that exist below or above the surface. The provider must gain planning permission from the local authorities, and can appeal to higher authories if denied permission. Local citizens maintain the right to challenge the provider, however the challenge must be done through the appropriate judiciary system.
2b) Provider is legally obliged to return the area in which it was building in to its original state, and is fully liable for any damage done to personal proporty of locals.
2c) Construction workers and sight managers maintain the right to defend themselves against dissidents, in the unlikely event violence occours.

Section 3: Payments
3a) The Provider is required to give two payment options to the consumer, Fixed Charge and Metered Charge. The consumer is given the right to choose which payment suits his/hers income, When paying under a fixed charge, the consumer pays a pre-determined sum of cash at the end of each month that covers all the units of basic utilities provided, regardless of how much is used. This is advisable for a consumer who is considered to be earning a 'High Income", Metered charge takes into account how much units of basic utilities have been provided, and only charges the consumer at the end of each month the individual units they used, those on a meter are required to pay a surchage that can be determined by the provider. This is suitable for a consumer who is considered "Low Income".

3b) If the consumer fails to pay the cost of the Basic Utilities they will owe the provider the money they have not payed, the provider is however obliged to allow the consumer two months to pay up the total money owed. Failure to pay will result in the Basic Utilies being removed for the consumer. The provider is not liable for any injuries or fatalities as a result.

3c) The Consumer holds the right to challenge the provider in regards to the price, however the challenge must be taken through the proper judiciary systems.

Section 4: Foreign Investment
A Non-Aurentine Investor can only hold 30% of his/her company. The other 70% must be held by a Aurentine Investor.

Section 5: Government Regulation
The Government will have no say in what the Provider does as long as it does not infringe upon other policies and laws. The Government will create the Utilities Oversight Agency to deal with issues in regards to Infringement or Lawbreaking.

I second that motion.

You don't need to motion for it, just add it if it has enough co-sponsors.
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Mishmahig
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Postby Mishmahig » Sun Jun 02, 2013 11:05 am

Divair wrote:
Fulflood wrote:What are we debating?

Aren't we voting on RCPA?


I thought the voting period ended, and it passed?

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Prussia-Steinbach
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Postby Prussia-Steinbach » Sun Jun 02, 2013 11:10 am

So. What's up for voting next.
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Byzantium Imperial
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Postby Byzantium Imperial » Sun Jun 02, 2013 11:20 am

Prussia-Steinbach wrote:So. What's up for voting next.

Lla, the bill of rights basically
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Britanno
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Postby Britanno » Sun Jun 02, 2013 11:50 am

I would like to submit this to the queue.

Prevention of Corruption Act
Sponsors: Gallup, Kouralia, Liberated Countries, Wolfmanne, Strykla, Byzantium Imperial


SHOCKED that there is no current legislation to prevent corruption.

DEFINES corruption as dishonest or fraudulent conduct by those in power, typically involving bribery.

DEFINES bribery as an act of giving money or gift giving that alters the behavior of the recipient.

HEREBY makes it illegal for any government official to obtain a bribe from any other person or company, including other government officials.

PUNISHES senators who accept bribes by suspending them from the senate chamber for one week and if a minister, being forced to step down from their position. As well as the suspension, the senator or minister will be fined.

PUNISHES individuals or companies who attempt to bribe a government official by a large fine, whether the bribe was successful or not.

FORCES the senate to announce to the public if a government official was bribed. The public must be informed the government official that was bribed and by whom.
Last edited by Britanno on Tue Jul 23, 2013 6:57 am, edited 2 times in total.
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New Zepuha
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Postby New Zepuha » Sun Jun 02, 2013 12:02 pm

Byzantium Imperial wrote:
Prussia-Steinbach wrote:So. What's up for voting next.

Lla, the bill of rights basically

Well if the LLA is up for vote. I cast my vote firmly against it.
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Postby Liberated Counties » Sun Jun 02, 2013 12:05 pm

New Zepuha wrote:
Byzantium Imperial wrote:Lla, the bill of rights basically

Well if the LLA is up for vote. I cast my vote firmly against it.


May I ask why?
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Divair
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Postby Divair » Sun Jun 02, 2013 12:06 pm

Florextany wrote:THIS IS IMPORTANT: please help this content spread worldwide and get supporters: "occupygezi" turkey is currently protesting aganist the government . Help us get global :!:

How is this relevant to this thread?

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Byzantium Imperial
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Postby Byzantium Imperial » Sun Jun 02, 2013 12:09 pm

Florextany wrote:THIS IS IMPORTANT: please help this content spread worldwide and get supporters: "occupygezi" turkey is currently protesting aganist the government . Help us get global :!:

(Lla is not yet at vote. Its debate now)

as for the person above: i have my doubts your even a senator here. In addition, i should care about your protests against your government why?
And as someone above said, this should not be in the chamber thread anyway. General is a different subforum.
New Pyrrhius wrote:Byzantium, eat a Snickers. You become an imperialistic psychopathic dictatorship when you're hungry.

The Grumpy Cat wrote:Their very existence... makes me sick.
After a short 600 year rest, the Empire is back, and is better then ever! After our grueling experience since 1453, no longer will our great empire be suppressed. The Ottomans may be gone, but the war continues!
I support Thermonuclear Warfare. Do you?
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Maklohi Vai
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Postby Maklohi Vai » Sun Jun 02, 2013 12:10 pm

*puts admin hat on*

You are allowed to be doing three things right now:
1. Voting on the RCPA
2. Adding to or amending things on the queue
3. Posting an updated queue

Debating, advertising, and other non-Chamber appropriate activities must stop immediately.
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Byzantium Imperial
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Postby Byzantium Imperial » Sun Jun 02, 2013 12:11 pm

Maklohi Vai wrote:*puts admin hat on*

You are allowed to be doing three things right now:
1. Voting on the RCPA
2. Adding to or amending things on the queue
3. Posting an updated queue

Debating, advertising, and other non-Chamber appropriate activities must stop immediately.

Is tr rcpa still in voting?
New Pyrrhius wrote:Byzantium, eat a Snickers. You become an imperialistic psychopathic dictatorship when you're hungry.

The Grumpy Cat wrote:Their very existence... makes me sick.
After a short 600 year rest, the Empire is back, and is better then ever! After our grueling experience since 1453, no longer will our great empire be suppressed. The Ottomans may be gone, but the war continues!
I support Thermonuclear Warfare. Do you?
Proud member of The Anti Democracy League
Senator Willem de Ruyter of the Civic Reform Party

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Yanalia
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Postby Yanalia » Sun Jun 02, 2013 12:11 pm

Maklohi Vai wrote:*puts admin hat on*

You are allowed to be doing three things right now:
1. Voting on the RCPA
2. Adding to or amending things on the queue
3. Posting an updated queue

Debating, advertising, and other non-Chamber appropriate activities must stop immediately.


RCPA voting has ended, and it passed.
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New Zepuha
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Postby New Zepuha » Sun Jun 02, 2013 12:14 pm

The LLA lacks the addressment of terms of incarceration and I am against taking away the right to bear arms simply due to incarceration. I can support it in the case of a violent crime, but revoking of the 7th right due to something like civil disobedience or petty theft is ridiculous. As well as a lack of a protection against, torture or cruel and unusual punishments. Thus, I request for the LLA to be amended to address such.
Last edited by New Zepuha on Sun Jun 02, 2013 12:16 pm, edited 1 time in total.
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Yanalia
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Postby Yanalia » Sun Jun 02, 2013 12:15 pm

How does one make a link to a particular post?
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