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Haelunor
Political Columnist
 
Posts: 2
Founded: Jul 22, 2012
Ex-Nation

Postby Haelunor » Tue Jul 02, 2013 9:11 pm

I will Fifth the name change.
Independent in the NSG Senate, representing Nurempoort, Constituency 381.

Minister of Energy in the 8th Cabinet of Aurentina
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Prussia-Steinbach
Postmaster of the Fleet
 
Posts: 22386
Founded: Mar 12, 2012
Ex-Nation

Postby Prussia-Steinbach » Tue Jul 02, 2013 9:12 pm

Sixthed on the name change.
I don't care if people hate my guts; I assume most of them do.
The question is whether they are in a position to do anything about it. ― William S. Burroughs


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Venaleria
Diplomat
 
Posts: 616
Founded: Nov 20, 2012
Ex-Nation

Postby Venaleria » Tue Jul 02, 2013 9:17 pm

We need a six and a seven on the addition.

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Free South Califas
Senator
 
Posts: 4213
Founded: May 22, 2012
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Postby Free South Califas » Tue Jul 02, 2013 10:39 pm

Venaleria wrote:We need a six and a seven on the addition.

I disagree in the sense that I oppose this omnibus motion. I think the bill's title is potentially slanderous and should be kept evident in the queue so we do not forget the shameful anticommunist obsession that briefly motivated the center coalition in our recent electoral history.

I think it's a perfect summary of our political picture; a vicious piece of non-legislating that the author regrets. I also think having it sit there separately will make it easier to ask the next elected President to pull it off the queue, which should eventually happen.

In the sense that "We" is the Aurentine people, I think we would be better served by leaving it sit alone, but that is just my humble opinion. At position #12, it won't be voted on before it can be reviewed by the next President. Whichever hir political orientation is, it will be clear enough what the ethical thing to do is.

If I still had a god I would pray that my side never stoops so low.
Last edited by Free South Califas on Tue Jul 02, 2013 10:43 pm, edited 3 times in total.
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Belmaria
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Posts: 485
Founded: Jun 12, 2010
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Postby Belmaria » Tue Jul 02, 2013 11:20 pm

Venaleria wrote:We need a six and a seven on the addition.

Sixth
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Phing Phong
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Posts: 1748
Founded: Sep 04, 2008
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Postby Phing Phong » Wed Jul 03, 2013 3:53 am

Belmaria wrote:
Venaleria wrote:We need a six and a seven on the addition.

Sixth

Seventhed.
Incompetent Buddhist, liberal centrist and militant queer

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The Nihilistic view
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Posts: 11424
Founded: May 14, 2013
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Postby The Nihilistic view » Wed Jul 03, 2013 4:59 am

The Nihilistic view wrote:1. Governmental Services Act

Now that is a juicy omnibus.

I shall start with this.

Small Business Assistance Act is not a very well written bill, there are certain confusing point's first is this revenue or profit. If profit is it before or after tax?

A small business is hereby defined as an unincorporated or private limited business which earns less than (Provisional Currency)1,000,000, a year. Owners must not have been declared bankrupt.


Second this
VALID forms of organisation include.

Unincorporated Sole Propriater.

Partnerships (both traditional and limited)

Cooperatives (Worker owned businesses)

Privately Held Corporations (A Limited Liability Company that keeps it's shares in the hands of family or friends of the owner).


Should be replaced with, this due to both its greater clarity, use of professional terms and its larger number of ownership methods stated.

CIC or community interest company
CIO or Charitable Incorporated Organisation
Industrial and Provident Society, e.g. a Co-operative (which does include Ltd. at the end of its name) or charity
Partnerships:
General partnership
LLP or Limited liability partnership

Ltd- (Limited,): a private company limited by shares, the shares not being traded publicly
plc- (public limited company): a company whose shares may be traded publicly.

Unlimited company-. A company either with or without a share capital whose members or shareholders do not benefit from limited liability should the company ever go into formal liquidation. Unlimited companies are exempted from filing accounts with the Registrar of Companies for public disclosure.

Sole proprietorship/sole trader.


Are we going to discuss the current bill or are we all stuck in motion city Arizona?
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Polvia
Envoy
 
Posts: 226
Founded: Dec 21, 2012
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Postby Polvia » Wed Jul 03, 2013 6:05 am

Submitting this bill to the queue for debate. Red was added to fix a wording error and to prevent a very dangerous loophole (the bill never explicitly stated that the meals had to be free).
The Free School Meals Act
Draft by: Polvia (RG), The Nihilistic view (LD)
Sponsors: Maklohi Vai (LD), Ainin (TR), Geilinor (LD), Slazliyka (CP), Unicario (NIFP), Oneracon (RG), Rumostan (CMP), The Realm of God (PC), Mitonesia, Potenco (RG)

Article 1 – Purposes of this Act
    (1) To assist in addressing the issue of food insecurity within our nation.
    (2) To assist households struggling with meeting the costs for supplying adequate food and nutrition to their members.
    (3) To promote the adequate nutrition of the people of the nation.
Article 2 – Area of Effect
    (1) Any public institution of learning which educates in primary or secondary schooling, or tertiary education that supplies housing to students (free, rented or otherwise) or equivalent.
    (2) The Ministry of Education shall be charged with ensuring the enforcement of the provisions of this act in conjunction with the Ministry of Health.
    (3) Any private educational facilities that offer meals of any kind will be required to adhere to the regulatory authority of the Ministry of Health. (For more on the regulation of private institutions see Article 4).

Article 3 - Free School Meals
    (1) Public primary education institutions shall offer two meal periods to those students who attend the school. The first of these shall be offered starting before the beginning of the first class period of the school schedule. The second shall be offered near midday, as permitted by the class schedules. Furthermore the school shall offer to all students a meal that may easily be carried, or otherwise transferred, by the student to their household.
    (2) Public secondary education institutions shall offer three meal periods to those students who attend the school. The first of these shall be offered starting before the beginning of the first class period of the school schedule. The second shall be offered near midday, as permitted by the class schedules. The third shall be offered starting upon the conclusion of the final class period of the school schedule.
    (3) School meal periods shall be at least equal in length to the average time of a class period.
    (4) All meals and meal plans provided by public primary and secondary educational institutions shall be offered free of out-of-pocket expenses to the students attending those schools. Public tertiary educational institutions shall be able to charge for meals and meal plans as defined in Article 5 Section a, but are to be encouraged to provide the meals and meal plans free of out-of-pocket expense.
    (5) Any and all public tertiary education facilities, in which is offered on-campus housing or any form of offered accommodation that is viable to students, or the equivalent to it, shall be required to offer meal plans to the students who are in those accommodations. These meal plans shall offer at least three obtainable meals to these students daily.
      (a) Public tertiary institutions shall be permitted to charge for meal plans, but may charge no more than where they will attain a profit of more than five (5) percent.
      (b) Those students who are without employment or have an income at or below the national poverty line shall be exempt from these charges.
    (6) The organizing and regulation of meals, and their contents, shall fall upon the authority of the Ministry of Health. The Ministry of Health is to base the regulation and requirements primarily upon the needs of a healthy diet.
Article 4 – Private Institutions and Exceptions
    (1) Any private institution which offers meals through the school is to be required to meet minimal nutritional requirements set by the Ministry of Health. Private institutions may offer other meals alongside such meals that are not regulated by this law.
      (a) Private educational institutions are required to supply meals but not meal plans, though they are to be encouraged to do so.
      (b) There shall be a six (6) percent tax on all school funded meal sales that are not to Health Ministry standards.
    (2) No food items that are brought individually, by students, to the school are to be subject to regulation.
      (a) This does not apply for those food items that contain toxic substances, foods barred by individual school policies or any foods that are a significant hazard to the individual or other students and faculty.
    (3) The use of machines that distribute packaged foods is to be considered separate from school meals, and not specifically subject to this legislation.
      (a)Those packaged foods that contain toxic substances or any foods that are a significant hazard to the individual or other students and faculty shall not be permitted to be sold through these machines.
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Free South Califas
Senator
 
Posts: 4213
Founded: May 22, 2012
Ex-Nation

Postby Free South Califas » Wed Jul 03, 2013 10:40 am

Polvia wrote:
Submitting this bill to the queue for debate. Red was added to fix a wording error and to prevent a very dangerous loophole (the bill never explicitly stated that the meals had to be free).
The Free School Meals Act
Draft by: Polvia (RG), The Nihilistic view (LD)
Sponsors: Maklohi Vai (LD), Ainin (TR), Geilinor (LD), Slazliyka (CP), Unicario (NIFP), Oneracon (RG), Rumostan (CMP), The Realm of God (PC), Mitonesia, Potenco (RG)

Article 1 – Purposes of this Act
    (1) To assist in addressing the issue of food insecurity within our nation.
    (2) To assist households struggling with meeting the costs for supplying adequate food and nutrition to their members.
    (3) To promote the adequate nutrition of the people of the nation.
Article 2 – Area of Effect
    (1) Any public institution of learning which educates in primary or secondary schooling, or tertiary education that supplies housing to students (free, rented or otherwise) or equivalent.
    (2) The Ministry of Education shall be charged with ensuring the enforcement of the provisions of this act in conjunction with the Ministry of Health.
    (3) Any private educational facilities that offer meals of any kind will be required to adhere to the regulatory authority of the Ministry of Health. (For more on the regulation of private institutions see Article 4).

Article 3 - Free School Meals
    (1) Public primary education institutions shall offer two meal periods to those students who attend the school. The first of these shall be offered starting before the beginning of the first class period of the school schedule. The second shall be offered near midday, as permitted by the class schedules. Furthermore the school shall offer to all students a meal that may easily be carried, or otherwise transferred, by the student to their household.
    (2) Public secondary education institutions shall offer three meal periods to those students who attend the school. The first of these shall be offered starting before the beginning of the first class period of the school schedule. The second shall be offered near midday, as permitted by the class schedules. The third shall be offered starting upon the conclusion of the final class period of the school schedule.
    (3) School meal periods shall be at least equal in length to the average time of a class period.
    (4) All meals and meal plans provided by public primary and secondary educational institutions shall be offered free of out-of-pocket expenses to the students attending those schools. Public tertiary educational institutions shall be able to charge for meals and meal plans as defined in Article 5 Section a, but are to be encouraged to provide the meals and meal plans free of out-of-pocket expense.
    (5) Any and all public tertiary education facilities, in which is offered on-campus housing or any form of offered accommodation that is viable to students, or the equivalent to it, shall be required to offer meal plans to the students who are in those accommodations. These meal plans shall offer at least three obtainable meals to these students daily.
      (a) Public tertiary institutions shall be permitted to charge for meal plans, but may charge no more than where they will attain a profit of more than five (5) percent.
      (b) Those students who are without employment or have an income at or below the national poverty line shall be exempt from these charges.
    (6) The organizing and regulation of meals, and their contents, shall fall upon the authority of the Ministry of Health. The Ministry of Health is to base the regulation and requirements primarily upon the needs of a healthy diet.
Article 4 – Private Institutions and Exceptions
    (1) Any private institution which offers meals through the school is to be required to meet minimal nutritional requirements set by the Ministry of Health. Private institutions may offer other meals alongside such meals that are not regulated by this law.
      (a) Private educational institutions are required to supply meals but not meal plans, though they are to be encouraged to do so.
      (b) There shall be a six (6) percent tax on all school funded meal sales that are not to Health Ministry standards.
    (2) No food items that are brought individually, by students, to the school are to be subject to regulation.
      (a) This does not apply for those food items that contain toxic substances, foods barred by individual school policies or any foods that are a significant hazard to the individual or other students and faculty.
    (3) The use of machines that distribute packaged foods is to be considered separate from school meals, and not specifically subject to this legislation.
      (a)Those packaged foods that contain toxic substances or any foods that are a significant hazard to the individual or other students and faculty shall not be permitted to be sold through these machines.

Add the ability for students to choose full nutritious allergen-/sensitivity-/religiously-/medically-/ethically-safe meals for their individual needs and you've got my sponsorship. Like Phing Phong has pointed out elsewhere, one vegan meal will do for vegetarians, vegans, and all major religions. Add a gluten-free version and you've got allergies to gluten as well as several major grains covered. Have another one without nuts, seeds or soy and you're good AFAIK.

The current bill can easily be interpreted by MoH as only requiring one standard meal, kids with allergies and sensitivities being expected to slowly cripple themselves for the sake of bureaucratic efficiency. One such meal has been suggested in this thread, which would almost certainly be accepted, and would make it impossible for me to function at school if I were one of the students.

Like I've pointed out elsewhere, if I were a student, under this system I would likely be forced to eat sandwiches which would cause me a weeks-long nightmare of neurological symptoms that would make it impossible to focus in school.
Last edited by Free South Califas on Wed Jul 03, 2013 10:42 am, edited 2 times in total.
FSC Government
Senate: Saul Califas; First Deputy Leader of the Opposition
Senior Whip, Communist Party (Meiderup)

WA: Califan WA Detachment (CWAD).
Justice
On Autism/"R-word"
(Lir. apologized, so ignore that part.)
Anarchy Works/Open Borders
Flag
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.
I'm autistic and (proud, but) thus not a "social detective", so be warned: I might misread or accidentally offend you.
'Obvious' implications, tones, cues etc. may also be missed.
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Kouralia
Post Marshal
 
Posts: 15140
Founded: Oct 30, 2011
Democratic Socialists

Postby Kouralia » Wed Jul 03, 2013 11:05 am

The Criminal Code of the Aurentine Commonwealth
| Author: Kouralia |
Sponsors: Malgrave, Nihilistic View, Seelelander, Phing Phong, Oneracon, New Zephua
| Urgency: Unimaginably |




A - Terminology:
  • 'Person X', 'The Perpetrator', 'X' or 'Indvidual X' refers to the individual in an example who commits the crime.
  • 'Person Y', 'The Victim', 'Individual Y' or 'Y' refers to the individual in an example who is wronged.
  • 'Constable Z', or 'Z' refers to any Law Enforcement Personnel in an example.



B - Altercations and Crime:
i Assault: An assault is the unnecessary and unlawful employment or threat of employment of physical force against another individual, whether intended to result in injury or not. It is a Delict.
ii Battery: A Battery is the unnecessary and unlawful employment of physical force against another individual resulting in or intended to result in injury, whether with or without a weapon. It is a Delict.
iii Incitement of Violence: Incitement of Violence is when Person X encourages (with intent) an additional party to employ unlawful physical force against Person Y. It is a Contravention.
iv Affray: Affray is whereby two Persons X engage in unlawful fighting. It is a Contravention.
v Harassment: Harassment is continued use of any action against Person Y by Person X which causes a state of fear or unease. It is a Contravention.
vi Reckless Endangerment: Reckless Endangerment is determined as any action taken or behavior adopted without regard to the impact of one's actions on others, which could cause immediate and pressing concern for individual or public safety. This includes non-road-worthy vehicles and lack of appropriate fire-arms safety. It is a Delict.
vii Kidnapping: Kidnapping is determined to be extricating a person from a situation or location without their consent. It is a Delict.
iix Unlawful Imprisonment: Unlawful Imprisonment is determined to be keeping a person in a location against their will. It is a delict.

C - Loss of Property:
i Theft: Theft is determined as the unlawful and non-consensual acquisition of property through means other than guile. It is a Delict.
ii Fraud: Fraud is determined as the unlawful acquisition of property, capital, or favors, which would otherwise be non-consensual, through the use of guile. It is a Delict.
iii Vandalism: Vandalism is determined as the wanton destruction or defacing of another individual's or a state's property. It is a Delict.
iv Arson: Arson is determined as the deliberate or wrongful igniting of a fire which endangers or destroys property, life, or well-being, either of an individual or the state. It is a Delict, and must be combined with Vandalism, Assault, Murder, Manslaughter or Attempted thereof if that crime occurs in the process of Arsoning.
v Breaking and Entering: Is determined to be making entrance into a property through force when said entrance does not have the consent of the owner. It is a Contravention.

D - Breach of The Peace:
A Breach of the Peace is defined as a situation whereby conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community occurs. It is not an offence in and of itself, however a Constable may remove an individual (and arrest them for resisting such removal) from a situation if their presence is likely to cause a Breach of The Peace. A Breach of the Peace Offence includes the following:
i Unlawful Assembly: Unlawful Assembly is where a group of people remain undispersed after Constable Z issues an order for their Assembly to disperse. It is a Contravention.
ii Rioting: Rioting is where an undispersed crowd (post order to disperse in accordance with Ci) is engaged in other illegal activities, including Theft, Vandalism, Rioting, Resisting Arrest, Murder, Affray, Assault etc. It is a Delict.
iv Disorderly Conduct: Disorderly Conduct consists of actions liable to cause a Breach of The Peace while not in an unlawful assembly. It is a Contravention.

E - Loss of Life:
i Murder in the First Degree: Murder in the First Degree is determined to be the premeditated killing of Person Y by Person X. It is a Felony.
ii Murder in the Second Degree: Murder in the Seond Degree is determined to be the implusive, intentional but not premeditated killing of Person Y by Person X. It is a Felony.
iii Manslaughter: Manslaughter is determined as the unintentional killing of Person Y by Person X. It is a Delict.
iv Death by Dangerous Driving: Death by Dangerous Driving is determined as Manslaughter committed through the medium of a controlled vehicle - where the fault of the incident lies with the driver. It is a Delict which mandates additional punishment with regard to license to own and/or operate said form of vehicle.
v Death by Gross Negligence: Death by Gross Negligence is determined to be one where by the Manslaughter was avoidable if Person X had performed any check or action mandated by Implicit or Explicit rules. It is a Delict which may mandate an additional punishment with regard to confiscation of materials.
vi Criminal Neglect: Is determined as the abandonment of an individual under the age of seventeen or a dependent, whether temporary of conclusive, which endangers the physical, mental, or emotional well-being of the minor or dependent in question. It is a Contravention, however may be applied on top of Death by Gross Negligence.

F - Sex Offences:
i Sexual Harassment: Sexual Harassment is determined by repeated unsolicited communication (through paralinguistic actions, verbal, typed, written, electronic or other such means) of a sexual nature which causes Person Y to enter a state of discomfort. It is a Contravention.
ii Sexual Assault: Sexual Assault is determined by any unsolicited action of a sexual nature involving contact which causes Person Y to enter a state of discomfort, or any action of a sexual nature (including sexual harassment) which reasonably causes a state of fear in person Y. It is a Delict.
iii Rape: Rape is determined as non-consensual intercourse between Persons X and Y. It is a Felony.
iv Statutory Rape: Statutory Rape is determined as intercourse between Person X and an under age Person Y. It is a Delict, however in instances where the age between the partners is two years or under and consent can be demonstrated suitably then the judge may at his/her discretion waive any punishment.
v Sexual Offences toward a Minor: Sexual Offences toward a Minor is determined as Rape, Sexual Assault or Sexual Harassment toward an individual under the age of consent and mandates a more serious Punishment than the equivalent offence against an individual over the age of consent.
vi Possession of Child Pornography: PoCP is determined as knowingly holding or possessing pornographic materials, defined as any images designed to incite sexual arousal, which portray or depict at least one or more real individuals under the age of consent and holding them with intent. It is a Delict.
vii Production of Child Pornography: PoCP is determined to be involvement in the production of, distribution of or filming of pornographic materials showing a real underage child. It is a Felony.

F - Offences Relating to Law Enforcement:
i Resisting Arrest: Resisting Arrest is defined as acting in a manner whereby Person X intends to escape from or combat Constable Z in the act of lawfully arresting Person X. It is a Contravention, on top of any other offence.
ii Impeding the Duties of a Public Officer: IDPO is determined to be any act (whether or not it involves assault on Constable Z or not) whereby any third party attempts to impede a Police Officer in the lawful discharge of his or her duties. It is a Contravention, and is on top of any other offence.
iii Wasting Police Time: Wasting Police Time is determined to be any action whereby a crime is falsely reported to a degree that it affects the Constabulary's ability to deal with other crime. It is a Contravention.
iv Giving False Evidence: Giving False Evidence (whether it leads to a wrongful conviction or not) is determined to be the act of knowingly falsely testifying verbally or in a written/electronic manner, or providing falsified evidence. It is a Delict.
v Impersonation of a Police Officer: IPO involves any action, dress or communication whereby an individual intends to appear as an officer of the law to a degree that members of the public can be reasonably expected to derive confusion. This is a Contravention even if the intent was not to exploit the situation.
vi Concealment of Crime: CoC is determined to be knowing of a crime, and not reporting it to the police. It is a Contravention, but may be taken as Complicity in the Crime.

G - Communication and Membership Offences:
i Slander: Slander is determined as spoken untruthful and malicious defamation of character with intent to affect their social standing or to create a measurable negative impact on their life. It is a Contravention.
ii Libel: Libel is determined as written untruthful and malicious defamation of character with intent to affect their social standing or to create a measurable negative impact on their life. It is a Contravention.
iii Blackmail: Blackmail is determined by using information about Person Y to force Person Y's hand in an action. It is Contravention, but can be added on to Concealment of a Crime.
iv Language Liable to Cause Affray: LLCA is determined to be employment of Taboo Lexis, or Lexis intended to cause offence in another individual to the degree where it a) causes discomfort in the listener, b) can be qualified as 'sustained verbal abuse', and c) transcends a point in time where Person Y requested it to stop. It is a Contravention.
v Membership of an Illegal Organisation: MIO is determined to be identifying as a member of an organisation which is illegal. It may result in complicity with any action that organisation commits depending on the context of 'membership'. This may not even be with regard to the normal definition of Complicity. It is a delict, and Complicity in... may arrive on top.




H - Additional Notes:
Complicity in... refers to knowledge of a crime prior to it being committed, and not taking action to prevent it. It carries the same punishment as the crime, but cannot be a Felony.
Assisted... refers to taking action to aid committing a crime. It carries the same punishment as the crime.
Attempted... refers to taking actions to perpetrate a crime, but not completing the act for external reasons. It carries the same punishment as the crime.
Intent to... refers to taking actions to perpetrate a crime, but not initiating the act for external reasons. It carries the same punishment as the crime, but cannot be a Felony.

If someone does not have the means to pay a fine, they cannot be handed it.


The Above are hereby determined to be Crimes: thus arrests may be made for, charges may be brought for and a trial may follow on from committing them.


I motion to add this to the head of the queue, so we actually get some proper law which covers a wider range of crimes.
Last edited by Kouralia on Wed Jul 03, 2013 11:12 pm, edited 2 times in total.
Kouralia:

User avatar
Yanalia
Ambassador
 
Posts: 1197
Founded: Feb 22, 2013
Ex-Nation

Postby Yanalia » Wed Jul 03, 2013 11:13 am

Kouralia wrote:
The Criminal Code of the Aurentine Commonwealth
| Author: Kouralia |
Sponsors: Malgrave, Nihilistic View, Seelelander, Phing Phong, Oneracon, New Zephua
| Urgency: Unimaginably |




A - Terminology:
  • 'Person X', 'The Perpetrator', 'X' or 'Indvidual X' refers to the individual in an example who commits the crime.
  • 'Person Y', 'The Victim', 'Individual Y' or 'Y' refers to the individual in an example who is wronged.
  • 'Constable Z', or 'Z' refers to any Law Enforcement Personnel in an example.



B - Altercations and Crime:
i Assault: An assault is the unnecessary and unlawful employment or threat of employment of physical force against another individual, whether intended to result in injury or not. It is a Delict.
ii Battery: A Battery is the unnecessary and unlawful employment of physical force against another individual resulting in or intended to result in injury, whether with or without a weapon. It is a Delict.
iii Incitement of Violence: Incitement of Violence is when Person X encourages (with intent) an additional party to employ unlawful physical force against Person Y. It is a Contravention.
iv Affray: Affray is whereby two Persons X engage in unlawful fighting. It is a Contravention.
v Harassment: Harassment is continued use of any action against Person Y by Person X which causes a state of fear or unease. It is a Contravention.
vi Reckless Endangerment: Reckless Endangerment is determined as any action taken or behavior adopted without regard to the impact of one's actions on others, which could cause immediate and pressing concern for individual or public safety. This includes non-road-worthy vehicles and lack of appropriate fire-arms safety. It is a Delict.
vii Kidnapping: Kidnapping is determined to be extricating a person from a situation or location without their consent. It is a Delict.
iix Unlawful Imprisonment: Unlawful Imprisonment is determined to be keeping a person in a location against their will. It is a delict.

C - Loss of Property:
i Theft: Theft is determined as the unlawful and non-consensual acquisition of property through means other than guile. It is a Delict.
ii Fraud: Fraud is determined as the unlawful acquisition of property, capital, or favors, which would otherwise be non-consensual, through the use of guile. It is a Delict.
iii Vandalism: Vandalism is determined as the wanton destruction or defacing of another individual's or a state's property. It is a Delict.
iv Arson: Arson is determined as the deliberate or wrongful igniting of a fire which endangers or destroys property, life, or well-being, either of an individual or the state. It is a Delict, and must be combined with Vandalism, Assault, Murder, Manslaughter or Attempted thereof.
v Breaking and Entering: Is determined to be making entrance into a property through force when said entrance does not have the consent of the owner. It is a Contravention.

D - Breach of The Peace:
A Breach of the Peace is defined as a situation whereby conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community occurs. It is not an offence in and of itself, however a Constable may remove an individual (and arrest them for resisting such removal) from a situation if their presence is likely to cause a Breach of The Peace. A Breach of the Peace Offence includes the following:
i Unlawful Assembly: Unlawful Assembly is where a group of people remain undispersed after Constable Z issues an order for their Assembly to disperse. It is a Contravention.
ii Rioting: Rioting is where an undispersed crowd (post order to disperse in accordance with Ci) is engaged in other illegal activities, including Theft, Vandalism, Rioting, Resisting Arrest, Murder, Affray, Assault etc. It is a Delict.
iv Disorderly Conduct: Disorderly Conduct consists of actions liable to cause a Breach of The Peace while not in an unlawful assembly. It is a Contravention.

E - Loss of Life:
i Murder in the First Degree: Murder in the First Degree is determined to be the premeditated killing of Person Y by Person X. It is a Felony.
ii Murder in the Second Degree: Murder in the Seond Degree is determined to be the implusive, intentional but not premeditated killing of Person Y by Person X. It is a Felony.
iii Manslaughter: Manslaughter is determined as the unintentional killing of Person Y by Person X. It is a Delict.
iv Death by Dangerous Driving: Death by Dangerous Driving is determined as Manslaughter committed through the medium of a controlled vehicle - where the fault of the incident lies with the driver. It is a Delict which mandates additional punishment with regard to license to own and/or operate said form of vehicle.
v Death by Gross Negligence: Death by Gross Negligence is determined to be one where by the Manslaughter was avoidable if Person X had performed any check or action mandated by Implicit or Explicit rules. It is a Delict which may mandate an additional punishment with regard to confiscation of materials.
vi Criminal Neglect: Is determined as the abandonment of an individual under the age of seventeen or a dependent, whether temporary of conclusive, which endangers the physical, mental, or emotional well-being of the minor or dependent in question. It is a Contravention, however may be applied on top of Death by Gross Negligence.

F - Sex Offences:
i Sexual Harassment: Sexual Harassment is determined by repeated unsolicited communication (through paralinguistic actions, verbal, typed, written, electronic or other such means) of a sexual nature which causes Person Y to enter a state of discomfort. It is a Contravention.
ii Sexual Assault: Sexual Assault is determined by any unsolicited action of a sexual nature involving contact which causes Person Y to enter a state of discomfort, or any action of a sexual nature (including sexual harassment) which reasonably causes a state of fear in person Y. It is a Delict.
iii Rape: Rape is determined as non-consensual intercourse between Persons X and Y. It is a Felony.
iv Statutory Rape: Statutory Rape is determined as intercourse between Person X and an under age Person Y. It is a Delict.
v Sexual Offences toward a Minor: Sexual Offences toward a Minor is determined as Rape, Sexual Assault or Sexual Harassment toward an individual under the age of consent and mandates a more serious Punishment than the equivalent offence against an individual over the age of consent.
vi Possession of Child Pornography: PoCP is determined as knowingly holding or possessing pornographic materials, defined as any images designed to incite sexual arousal, which portray or depict at least one or more real individuals under the age of consent. It is a Delict.

F - Offences Relating to Law Enforcement:
i Resisting Arrest: Resisting Arrest is defined as acting in a manner whereby Person X intends to escape from or combat Constable Z in the act of lawfully arresting Person X. It is a Contravention, on top of any other offence.
ii Impeding the Duties of a Public Officer: IDPO is determined to be any act (whether or not it involves assault on Constable Z or not) whereby any third party attempts to impede a Police Officer in the lawful discharge of his or her duties. It is a Contravention, and is on top of any other offence.
iii Wasting Police Time: Wasting Police Time is determined to be any action whereby a crime is falsely reported to a degree that it affects the Constabulary's ability to deal with other crime. It is a Contravention.
iv Giving False Evidence: Giving False Evidence (whether it leads to a wrongful conviction or not) is determined to be the act of knowingly falsely testifying verbally or in a written/electronic manner, or providing falsified evidence. It is a Delict.
v Impersonation of a Police Officer: IPO involves any action, dress or communication whereby an individual intends to appear as an officer of the law to a degree that members of the public can be reasonably expected to derive confusion. This is a Contravention even if the intent was not to exploit the situation.
vi Concealment of Crime: CoC is determined to be knowing of a crime, and not reporting it to the police. It is a Contravention, but may be taken as Complicity in the Crime.

G - Communication and Membership Offences:
i Slander: Slander is determined as spoken untruthful and malicious defamation of character. It is a Contravention.
ii Libel: Libel is determined as written untruthful and malicious defamation of character. It is a Contravention.
iii Blackmail: Blackmail is determined by using information about Person Y to force Person Y's hand in an action. It is Contravention, but can be added on to Concealment of a Crime.
iv Language Liable to Cause Affray: LLCA is determined to be employment of Taboo Lexis, or Lexis intended to cause offence in another individual. It is a Contravention.
v Membership of an Illegal Organisation: MIO is determined to be identifying as a member of an organisation which is illegal. It may result in complicity with any action that organisation commits depending on the context of 'membership'. This may not even be with regard to the normal definition of Complicity. It is a delict, and Complicity in... may arrive on top.




H - Additional Notes:
Complicity in... refers to knowledge of a crime prior to it being committed, and not taking action to prevent it. It carries the same punishment as the crime, but cannot be a Felony.
Assisted... refers to taking action to aid committing a crime. It carries the same punishment as the crime.
Attempted... refers to taking actions to perpetrate a crime, but not completing the act for external reasons. It carries the same punishment as the crime.
Intent to... refers to taking actions to perpetrate a crime, but not initiating the act for external reasons. It carries the same punishment as the crime, but cannot be a Felony.

If someone does not have the means to pay a fine, they cannot be handed it.


The Above are hereby determined to be Crimes: thus arrests may be made for, charges may be brought for and a trial may follow on from committing them.


I motion to add this to the head of the queue, so we actually get some proper law which covers a wider range of crimes.


Seconded, vitally necessary.
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Unicario
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Founded: Nov 27, 2009
Ex-Nation

Postby Unicario » Wed Jul 03, 2013 11:13 am

Yanalia wrote:
Kouralia wrote:
The Criminal Code of the Aurentine Commonwealth
| Author: Kouralia |
Sponsors: Malgrave, Nihilistic View, Seelelander, Phing Phong, Oneracon, New Zephua
| Urgency: Unimaginably |




A - Terminology:
  • 'Person X', 'The Perpetrator', 'X' or 'Indvidual X' refers to the individual in an example who commits the crime.
  • 'Person Y', 'The Victim', 'Individual Y' or 'Y' refers to the individual in an example who is wronged.
  • 'Constable Z', or 'Z' refers to any Law Enforcement Personnel in an example.



B - Altercations and Crime:
i Assault: An assault is the unnecessary and unlawful employment or threat of employment of physical force against another individual, whether intended to result in injury or not. It is a Delict.
ii Battery: A Battery is the unnecessary and unlawful employment of physical force against another individual resulting in or intended to result in injury, whether with or without a weapon. It is a Delict.
iii Incitement of Violence: Incitement of Violence is when Person X encourages (with intent) an additional party to employ unlawful physical force against Person Y. It is a Contravention.
iv Affray: Affray is whereby two Persons X engage in unlawful fighting. It is a Contravention.
v Harassment: Harassment is continued use of any action against Person Y by Person X which causes a state of fear or unease. It is a Contravention.
vi Reckless Endangerment: Reckless Endangerment is determined as any action taken or behavior adopted without regard to the impact of one's actions on others, which could cause immediate and pressing concern for individual or public safety. This includes non-road-worthy vehicles and lack of appropriate fire-arms safety. It is a Delict.
vii Kidnapping: Kidnapping is determined to be extricating a person from a situation or location without their consent. It is a Delict.
iix Unlawful Imprisonment: Unlawful Imprisonment is determined to be keeping a person in a location against their will. It is a delict.

C - Loss of Property:
i Theft: Theft is determined as the unlawful and non-consensual acquisition of property through means other than guile. It is a Delict.
ii Fraud: Fraud is determined as the unlawful acquisition of property, capital, or favors, which would otherwise be non-consensual, through the use of guile. It is a Delict.
iii Vandalism: Vandalism is determined as the wanton destruction or defacing of another individual's or a state's property. It is a Delict.
iv Arson: Arson is determined as the deliberate or wrongful igniting of a fire which endangers or destroys property, life, or well-being, either of an individual or the state. It is a Delict, and must be combined with Vandalism, Assault, Murder, Manslaughter or Attempted thereof.
v Breaking and Entering: Is determined to be making entrance into a property through force when said entrance does not have the consent of the owner. It is a Contravention.

D - Breach of The Peace:
A Breach of the Peace is defined as a situation whereby conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community occurs. It is not an offence in and of itself, however a Constable may remove an individual (and arrest them for resisting such removal) from a situation if their presence is likely to cause a Breach of The Peace. A Breach of the Peace Offence includes the following:
i Unlawful Assembly: Unlawful Assembly is where a group of people remain undispersed after Constable Z issues an order for their Assembly to disperse. It is a Contravention.
ii Rioting: Rioting is where an undispersed crowd (post order to disperse in accordance with Ci) is engaged in other illegal activities, including Theft, Vandalism, Rioting, Resisting Arrest, Murder, Affray, Assault etc. It is a Delict.
iv Disorderly Conduct: Disorderly Conduct consists of actions liable to cause a Breach of The Peace while not in an unlawful assembly. It is a Contravention.

E - Loss of Life:
i Murder in the First Degree: Murder in the First Degree is determined to be the premeditated killing of Person Y by Person X. It is a Felony.
ii Murder in the Second Degree: Murder in the Seond Degree is determined to be the implusive, intentional but not premeditated killing of Person Y by Person X. It is a Felony.
iii Manslaughter: Manslaughter is determined as the unintentional killing of Person Y by Person X. It is a Delict.
iv Death by Dangerous Driving: Death by Dangerous Driving is determined as Manslaughter committed through the medium of a controlled vehicle - where the fault of the incident lies with the driver. It is a Delict which mandates additional punishment with regard to license to own and/or operate said form of vehicle.
v Death by Gross Negligence: Death by Gross Negligence is determined to be one where by the Manslaughter was avoidable if Person X had performed any check or action mandated by Implicit or Explicit rules. It is a Delict which may mandate an additional punishment with regard to confiscation of materials.
vi Criminal Neglect: Is determined as the abandonment of an individual under the age of seventeen or a dependent, whether temporary of conclusive, which endangers the physical, mental, or emotional well-being of the minor or dependent in question. It is a Contravention, however may be applied on top of Death by Gross Negligence.

F - Sex Offences:
i Sexual Harassment: Sexual Harassment is determined by repeated unsolicited communication (through paralinguistic actions, verbal, typed, written, electronic or other such means) of a sexual nature which causes Person Y to enter a state of discomfort. It is a Contravention.
ii Sexual Assault: Sexual Assault is determined by any unsolicited action of a sexual nature involving contact which causes Person Y to enter a state of discomfort, or any action of a sexual nature (including sexual harassment) which reasonably causes a state of fear in person Y. It is a Delict.
iii Rape: Rape is determined as non-consensual intercourse between Persons X and Y. It is a Felony.
iv Statutory Rape: Statutory Rape is determined as intercourse between Person X and an under age Person Y. It is a Delict.
v Sexual Offences toward a Minor: Sexual Offences toward a Minor is determined as Rape, Sexual Assault or Sexual Harassment toward an individual under the age of consent and mandates a more serious Punishment than the equivalent offence against an individual over the age of consent.
vi Possession of Child Pornography: PoCP is determined as knowingly holding or possessing pornographic materials, defined as any images designed to incite sexual arousal, which portray or depict at least one or more real individuals under the age of consent. It is a Delict.

F - Offences Relating to Law Enforcement:
i Resisting Arrest: Resisting Arrest is defined as acting in a manner whereby Person X intends to escape from or combat Constable Z in the act of lawfully arresting Person X. It is a Contravention, on top of any other offence.
ii Impeding the Duties of a Public Officer: IDPO is determined to be any act (whether or not it involves assault on Constable Z or not) whereby any third party attempts to impede a Police Officer in the lawful discharge of his or her duties. It is a Contravention, and is on top of any other offence.
iii Wasting Police Time: Wasting Police Time is determined to be any action whereby a crime is falsely reported to a degree that it affects the Constabulary's ability to deal with other crime. It is a Contravention.
iv Giving False Evidence: Giving False Evidence (whether it leads to a wrongful conviction or not) is determined to be the act of knowingly falsely testifying verbally or in a written/electronic manner, or providing falsified evidence. It is a Delict.
v Impersonation of a Police Officer: IPO involves any action, dress or communication whereby an individual intends to appear as an officer of the law to a degree that members of the public can be reasonably expected to derive confusion. This is a Contravention even if the intent was not to exploit the situation.
vi Concealment of Crime: CoC is determined to be knowing of a crime, and not reporting it to the police. It is a Contravention, but may be taken as Complicity in the Crime.

G - Communication and Membership Offences:
i Slander: Slander is determined as spoken untruthful and malicious defamation of character. It is a Contravention.
ii Libel: Libel is determined as written untruthful and malicious defamation of character. It is a Contravention.
iii Blackmail: Blackmail is determined by using information about Person Y to force Person Y's hand in an action. It is Contravention, but can be added on to Concealment of a Crime.
iv Language Liable to Cause Affray: LLCA is determined to be employment of Taboo Lexis, or Lexis intended to cause offence in another individual. It is a Contravention.
v Membership of an Illegal Organisation: MIO is determined to be identifying as a member of an organisation which is illegal. It may result in complicity with any action that organisation commits depending on the context of 'membership'. This may not even be with regard to the normal definition of Complicity. It is a delict, and Complicity in... may arrive on top.




H - Additional Notes:
Complicity in... refers to knowledge of a crime prior to it being committed, and not taking action to prevent it. It carries the same punishment as the crime, but cannot be a Felony.
Assisted... refers to taking action to aid committing a crime. It carries the same punishment as the crime.
Attempted... refers to taking actions to perpetrate a crime, but not completing the act for external reasons. It carries the same punishment as the crime.
Intent to... refers to taking actions to perpetrate a crime, but not initiating the act for external reasons. It carries the same punishment as the crime, but cannot be a Felony.

If someone does not have the means to pay a fine, they cannot be handed it.


The Above are hereby determined to be Crimes: thus arrests may be made for, charges may be brought for and a trial may follow on from committing them.


I motion to add this to the head of the queue, so we actually get some proper law which covers a wider range of crimes.


Seconded, vitally necessary.


Thirded.
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Britanno
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Postby Britanno » Wed Jul 03, 2013 11:29 am

I'll fourth the motion to move the Criminal Code of the Aurentine Commonwealth to no.1 in the legislation queue.
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New Waterford
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Postby New Waterford » Wed Jul 03, 2013 11:42 am

Britanno wrote:I'll fourth the motion to move the Criminal Code of the Aurentine Commonwealth to no.1 in the legislation queue.

Fifthed.
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Ainin
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Civil Rights Lovefest

Postby Ainin » Wed Jul 03, 2013 11:43 am

New Waterford wrote:
Britanno wrote:I'll fourth the motion to move the Criminal Code of the Aurentine Commonwealth to no.1 in the legislation queue.

Fifthed.

Sixted.
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Geilinor
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Postby Geilinor » Wed Jul 03, 2013 11:46 am

Britanno wrote:I'll fourth the motion to move the Criminal Code of the Aurentine Commonwealth to no.1 in the legislation queue.

Seventhed
Last edited by Geilinor on Wed Jul 03, 2013 11:47 am, edited 1 time in total.
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New Zepuha
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Postby New Zepuha » Wed Jul 03, 2013 12:13 pm

Geilinor wrote:
Britanno wrote:I'll fourth the motion to move the Criminal Code of the Aurentine Commonwealth to no.1 in the legislation queue.

Seventhed

Eighth.
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The American Commune
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Postby The American Commune » Wed Jul 03, 2013 12:45 pm

New Zepuha wrote:
Geilinor wrote:Seventhed

Eighth.

Ninthed.
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Geilinor
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Postby Geilinor » Wed Jul 03, 2013 12:48 pm

Membership of an Illegal Organisation: MIO is determined to be identifying as a member of an organisation which is illegal. It may result in complicity with any action that organisation commits depending on the context of 'membership'. This may not even be with regard to the normal definition of Complicity. It is a delict, and Complicity in... may arrive on top.

Great, we can formally arrest mafia members once the criminal code passes.
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Prussia-Steinbach
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Postby Prussia-Steinbach » Wed Jul 03, 2013 1:00 pm

Geilinor wrote:
Membership of an Illegal Organisation: MIO is determined to be identifying as a member of an organisation which is illegal. It may result in complicity with any action that organisation commits depending on the context of 'membership'. This may not even be with regard to the normal definition of Complicity. It is a delict, and Complicity in... may arrive on top.

Great, we can formally arrest mafia members once the criminal code passes.

Like you couldn't already...?
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Kouralia
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Postby Kouralia » Wed Jul 03, 2013 1:01 pm

Prussia-Steinbach wrote:
Geilinor wrote:Great, we can formally arrest mafia members once the criminal code passes.

Like you couldn't already...?

Now a confession of being in the Mafia is a confession to a crime, previously the Mafia wouldn't be a criminal organisation whose membership is illegal.
Kouralia:

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Prussia-Steinbach
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Ex-Nation

Postby Prussia-Steinbach » Wed Jul 03, 2013 1:02 pm

Kouralia wrote:
Prussia-Steinbach wrote:Like you couldn't already...?

Now a confession of being in the Mafia is a confession to a crime, previously the Mafia wouldn't be a criminal organisation whose membership is illegal.

The mafia isn't even a formal organisation. There is no technical or legal definition of being a mafia member.
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Malgrave
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Democratic Socialists

Postby Malgrave » Wed Jul 03, 2013 2:07 pm

The American Commune wrote:
New Zepuha wrote:Eighth.

Ninthed.


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Postby Venaleria » Wed Jul 03, 2013 2:10 pm

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