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Tectonix
Minister
 
Posts: 2587
Founded: Apr 30, 2016
Ex-Nation

Postby Tectonix » Sun May 28, 2017 7:40 am

Alexios Viel thumbed through a public copy of the Senate archives, detailing the censure of Senator Durand and looking at Carvallo, before saying "Aye."
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Senator Giovanni Galatis of the DP
Member of the Democratic Party of Galatea - For the many, not the few

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Maklohi Vai
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Posts: 2959
Founded: Jan 07, 2012
Ex-Nation

Postby Maklohi Vai » Sun May 28, 2017 5:39 pm

Aye
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The Nation of the People of the Nation
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Posts: 98
Founded: Jan 17, 2017
Scandinavian Liberal Paradise

Postby The Nation of the People of the Nation » Sun May 28, 2017 6:21 pm

Abstain

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The Liberated Territories
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Posts: 11858
Founded: Dec 03, 2013
Ex-Nation

Postby The Liberated Territories » Sun May 28, 2017 6:39 pm

NAY
"Never attempt to teach a pig to sing; it wastes your time and annoys the pig."
—Robert Heinlein

a libertarian, which means i want poor babies to die or smth

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Eshan
Envoy
 
Posts: 224
Founded: Aug 31, 2015
Ex-Nation

Postby Eshan » Sun May 28, 2017 9:24 pm

Narcisa Cruyff can't help but laugh at just how childish and absurd the Senate had become, boys trying so hard to be men they make fools of themselves in the effort.

"Aye."
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United Provinces of Atlantica
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Posts: 1850
Founded: Jan 02, 2013
Liberal Democratic Socialists

Postby United Provinces of Atlantica » Sun May 28, 2017 9:45 pm

"ORDER - The vote has closed. The Criminal Code of Fernão has passed with fourteen ayes, three nays and one abstention, it now goes to the second reading."
Last edited by United Provinces of Atlantica on Sun May 28, 2017 9:46 pm, edited 2 times in total.
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House of Judah
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Posts: 1088
Founded: Nov 28, 2015
Ex-Nation

Postby House of Judah » Sun May 28, 2017 9:46 pm

United Provinces of Atlantica wrote:"ORDER - The vote has closed. The Criminal Code of Fernão has passed with fourteen ayes, three nays and one abstention, it now goes to the President for her signature."

"Point of Order, this was the first reading of the bill, not an expedited debate. The bill is ready for a second reading."

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Lykens
Diplomat
 
Posts: 958
Founded: Apr 13, 2013
Ex-Nation

Postby Lykens » Sun May 28, 2017 9:48 pm

"Mister President, I move to proceed to the second reading of the proposed Criminal Code of Fernão."
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Costa Fierro
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Posts: 19884
Founded: Dec 09, 2013
Psychotic Dictatorship

Postby Costa Fierro » Sun May 28, 2017 9:51 pm

Seconded.
"Inside every cynical person, there is a disappointed idealist." - George Carlin

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FreYhill
Chargé d'Affaires
 
Posts: 452
Founded: Sep 14, 2015
Ex-Nation

Postby FreYhill » Sun May 28, 2017 9:52 pm

Lykens wrote:"Mister President, I move to proceed to the second reading of the proposed Criminal Code of Fernão."

Seconded
President Emmanuel Carvallo
1st President of the Senate of Fernão (2017-2017)
Chief Whip of the Civic Union


Patricio Magrina
Nominee for Secretary of Health and Labour
Member of the Events Committee

Political Compass:
Economic Left/Right: 7.25
Social Libertarian/Authoritarian: 0.51


Liberal Conservative Roman Catholic.
Member of the Liberal National Party of Queensland (LNP)
Supporter of the Coalition (Australia).

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Coconut Isle
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Posts: 99
Founded: Jun 15, 2014
Ex-Nation

Postby Coconut Isle » Sun May 28, 2017 9:54 pm

Lykens wrote:"Mister President, I move to proceed to the second reading of the proposed Criminal Code of Fernão."

Second

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United Provinces of Atlantica
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Posts: 1850
Founded: Jan 02, 2013
Liberal Democratic Socialists

Postby United Provinces of Atlantica » Sun May 28, 2017 9:59 pm

"So ordered, the second reading of the proposed Criminal Code of Fernão shall commence. Amendments shall be offered for twelve hours."
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Ainin
Postmaster-General
 
Posts: 13979
Founded: Mar 05, 2011
Civil Rights Lovefest

Postby Ainin » Sun May 28, 2017 10:01 pm

"I move to amend the Criminal Code as follows."

    For the definition of "crime" substitute "Any delict or contravention" for "Any delict".

    For section 4 strike sub-section h.

    For section 6i add—
      Traducement
    1. Every person who—
      a. makes a public statement that is both false and falsifiable, and in addition substantively harmful to another natural person's reputation or invites additional hatred or humiliation towards such an individual, or
      b. publishes or disseminates an article of writing or other form of record for the same purpose with deliberate intent or through gross negligence,
      is guilty of a contravention and liable for no more than twenty-four (24) months' imprisonment and a $8,000 fine.

    For section 13a substitute "all crimes and infractions" for "all crimes".

    For section 15, sub-sections t through v, add—
      Institutionalisation
      t. Any person acquitted or found to hold diminished capacity as a result of insanity may be indefinitely confined at the presiding judge's discretion to a mental institution as a patient.
      u. Patients shall be assessed semi-annually by certified psychiatrists under supervision of the local District Court as to their ability to reintegrate into normal society.
      v. Upon a positive recommendation, the patient may be released by order of the District Court, upon which all previous criminal convictions and accusations will be expunged from their criminal record.

    For section 16b(e) add—
      e. for the operation of a series of hospitals for the confinement and rehabilitation of the mentally ill.
"And when the last law was down, and the Devil turned round on you — where would you hide, Roper, the laws all being flat?"

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Hindia Belanda
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Posts: 1729
Founded: Sep 09, 2015
New York Times Democracy

Postby Hindia Belanda » Sun May 28, 2017 11:50 pm

Ainin wrote:"I move to amend the Criminal Code as follows."

    For the definition of "crime" substitute "Any delict or contravention" for "Any delict".

    For section 4 strike sub-section h.

    For section 6i add—
      Traducement
    1. Every person who—
      a. makes a public statement that is both false and falsifiable, and in addition substantively harmful to another natural person's reputation or invites additional hatred or humiliation towards such an individual, or
      b. publishes or disseminates an article of writing or other form of record for the same purpose with deliberate intent or through gross negligence,
      is guilty of a contravention and liable for no more than twenty-four (24) months' imprisonment and a $8,000 fine.

    For section 13a substitute "all crimes and infractions" for "all crimes".

    For section 15, sub-sections t through v, add—
      Institutionalisation
      t. Any person acquitted or found to hold diminished capacity as a result of insanity may be indefinitely confined at the presiding judge's discretion to a mental institution as a patient.
      u. Patients shall be assessed semi-annually by certified psychiatrists under supervision of the local District Court as to their ability to reintegrate into normal society.
      v. Upon a positive recommendation, the patient may be released by order of the District Court, upon which all previous criminal convictions and accusations will be expunged from their criminal record.

    For section 16b(e) add—
      e. for the operation of a series of hospitals for the confinement and rehabilitation of the mentally ill.

I second the motion to amend.
Nederlands-Indië - Hindia Belanda
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Ioannis Papakonstantinou, Senator (independent)

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North Dajao
Envoy
 
Posts: 299
Founded: Nov 12, 2016
Ex-Nation

Postby North Dajao » Mon May 29, 2017 6:32 am

I move to amend The Criminal Code as follows:

For Section 6a substitute "fifteen (15)" with "20 (20)"

For Section 8d substitute "ten (10)" with "20 (20)"

For Section 8e substitute "twenty-four (24) months" with "eight (8) years"

For Section 11c Part C substitute "an infraction" with "a contravention"

For Section 11d substitute "drunk" with "intoxicated"

For Section 14j substitute "No person under the age of twelve (12) shall be prosecuted for any criminal offence whatsoever." with "The only sentence a person under the age of twelve (12) shall receive is one thats effect is suspended until they are over twelve (12) years old."

Remove Section 15j Part h

For Section 15p substitute "five (5)" with "ten (10)"

Remove Section 16q
Last edited by North Dajao on Mon May 29, 2017 6:33 am, edited 1 time in total.
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Tectonix
Minister
 
Posts: 2587
Founded: Apr 30, 2016
Ex-Nation

Postby Tectonix » Mon May 29, 2017 6:50 am

Ainin wrote:"I move to amend the Criminal Code as follows."

    For the definition of "crime" substitute "Any delict or contravention" for "Any delict".

    For section 4 strike sub-section h.

    For section 6i add—
      Traducement
    1. Every person who—
      a. makes a public statement that is both false and falsifiable, and in addition substantively harmful to another natural person's reputation or invites additional hatred or humiliation towards such an individual, or
      b. publishes or disseminates an article of writing or other form of record for the same purpose with deliberate intent or through gross negligence,
      is guilty of a contravention and liable for no more than twenty-four (24) months' imprisonment and a $8,000 fine.

    For section 13a substitute "all crimes and infractions" for "all crimes".

    For section 15, sub-sections t through v, add—
      Institutionalisation
      t. Any person acquitted or found to hold diminished capacity as a result of insanity may be indefinitely confined at the presiding judge's discretion to a mental institution as a patient.
      u. Patients shall be assessed semi-annually by certified psychiatrists under supervision of the local District Court as to their ability to reintegrate into normal society.
      v. Upon a positive recommendation, the patient may be released by order of the District Court, upon which all previous criminal convictions and accusations will be expunged from their criminal record.

    For section 16b(e) add—
      e. for the operation of a series of hospitals for the confinement and rehabilitation of the mentally ill.

"I second the amendment."
Economic Left/Right: -4.63
Social Libertarian/Authoritarian: -6.36
Senator Giovanni Galatis of the DP
Member of the Democratic Party of Galatea - For the many, not the few

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All Lukania
Secretary
 
Posts: 33
Founded: Dec 27, 2015
Ex-Nation

Postby All Lukania » Mon May 29, 2017 7:59 am

North Dajao wrote:I move to amend The Criminal Code as follows:

For Section 6a substitute "fifteen (15)" with "20 (20)"

For Section 8d substitute "ten (10)" with "20 (20)"

For Section 8e substitute "twenty-four (24) months" with "eight (8) years"

For Section 11c Part C substitute "an infraction" with "a contravention"

For Section 11d substitute "drunk" with "intoxicated"

For Section 14j substitute "No person under the age of twelve (12) shall be prosecuted for any criminal offence whatsoever." with "The only sentence a person under the age of twelve (12) shall receive is one thats effect is suspended until they are over twelve (12) years old."

Remove Section 15j Part h

For Section 15p substitute "five (5)" with "ten (10)"

Remove Section 16q

"I second these amendments. I also move to amend as follows."

Section 5a (sedition)- substitute "no more than ten (10) years' imprisonment and a $10,000 fine" with "life imprisonment without parole".

Section 6a (terrorism) - substitute "no more than fifteen (15) years' imprisonment" with "life imprisonment without parole".

Section 6b (Participation in terrorist conspiracies) - substitute "no more than ten (10) years' imprisonment" with "life imprisonment without parole".

Section 7a (Murder) - substitute "no more than thirty (30) years' imprisonment" with "life imprisonment without parole".

Strike out section 7d parts b and c, adding them to 7a and 7b respectively.

Section 8f (rape) - substitute "no more than fifteen (15) years' imprisonment" with "life imprisonment without parole".

Section 11a (Narcotics distribution) - substitute "no more than ten (10) years' imprisonment" with "life imprisonment without parole".

Section 2c part d - substitute "financial solvency and a lack of serious criminal convictions" with "financial solvency and a lack of any criminal convictions"

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House of Judah
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Posts: 1088
Founded: Nov 28, 2015
Ex-Nation

Postby House of Judah » Mon May 29, 2017 8:15 am

Ainin wrote:-snip-

I second the amendment.

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Ainin
Postmaster-General
 
Posts: 13979
Founded: Mar 05, 2011
Civil Rights Lovefest

Postby Ainin » Mon May 29, 2017 9:34 am

North Dajao wrote:For Section 8e substitute "twenty-four (24) months" with "eight (8) years"

"Mr. President, a contravention should not have an eight-year sentence."

For Section 11c Part C substitute "an infraction" with "a contravention"

"Mr. President, smoking a few centimetres too close to the door is nowhere near enough of a threat to public safety to warrant an indelible stain on one's criminal record."

For Section 11d substitute "drunk" with "intoxicated"

"Mr. President, this amendment is utterly absurd. It wants to replace a term that has a legal definition with one that does not."

For Section 14j substitute "No person under the age of twelve (12) shall be prosecuted for any criminal offence whatsoever." with "The only sentence a person under the age of twelve (12) shall receive is one thats effect is suspended until they are over twelve (12) years old."

"Mr. President, that makes no sense and completely defeats the point of an age of criminal responsibility, which is that a young child lacks the mens rea to commit a crime."

Remove Section 15j Part h

"Mr. President, there is no such clause."



All Lukania wrote:Strike out section 7d parts b and c, adding them to 7a and 7b respectively.

"Mr. President, this amendment frankly does nothing but show the honourable member's lack of understanding of what murder is. Assisting in another person's suicide cannot be construed to be aggravated murder because there hasn't been a murder. Whereas manslaughter can occur through negligence, murder requires an overt act that simply doesn't exist when we are dealing with a suicide. In addition, allowing a child to die through failure to immunise them against disease, while deplorable, is not and cannot be murder, because there is no murderous intent. For the sake of the English language, I urge all members to reject this preposterous amendment."

Section 11a (Narcotics distribution) - substitute "no more than ten (10) years' imprisonment" with "life imprisonment without parole".

"Mr. President, the Attorney General is strongly opposed to this amendment. Time and time again, in country after country, locking up drug dealers for life has done nothing to reduce crime rates and has proven to be an immense drain on public resources. This government believes in policies that work, not political theatre."



"As for the attempts to dramatically increase sentencing guidelines, all that I have to say on behalf of the Attorney General is that he knows one truth and one truth only. 'Tough on crime' sentencing does not work, has never worked, and never will work.

He believes that there is a greater purpose in criminal sentences, and that imprisonment for imprisonment's sake is the equivalent of cracking a walnut with a sledgehammer. All crime is the result of individual circumstance, and a narrow, individual problem must have a narrow, individually-tailored solution if it is to work.

Mass incarceration has failed in America, it has failed in Europe and it has most definitely failed under the old Fernese regime. Let us not repeat the mistakes of the past."
"And when the last law was down, and the Devil turned round on you — where would you hide, Roper, the laws all being flat?"

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Ainin
Postmaster-General
 
Posts: 13979
Founded: Mar 05, 2011
Civil Rights Lovefest

Postby Ainin » Mon May 29, 2017 10:04 am

"I move to amend the Criminal Code as follows."

    For section 13, subclauses f through j, add—
      f. The Attorney General shall have the authority to order the arrest and detention of any individual in Fernão under the terms of an Interpol red notice.
      g. A complete and credible extradition request must be received and certified by the Department of Foreign Affairs within seventy-two (72) hours of arrest for the indefinite extension of the suspect's detention, failing which they must be released.
      h. Any person facing extradition proceedings shall have the right to appeal their expulsion to the District Court of Federal Claims.
      i. No person shall be extradited who—
      a. is wanted for chiefly political or discriminatory reasons in a manner unsupported by international human rights law;
      b. has the status of internationally protected person;
      c. will not, on the balance of probabilities, receive treatment in line with international human rights law during their trial or sentence;
      d. runs the legal possibility of facing execution upon repatriation.
      j. Upon waiver or exhaustion of their appeal, the individual may be released to the custody of the requesting state at the discretion of the President.
"And when the last law was down, and the Devil turned round on you — where would you hide, Roper, the laws all being flat?"

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Tectonix
Minister
 
Posts: 2587
Founded: Apr 30, 2016
Ex-Nation

Postby Tectonix » Mon May 29, 2017 10:17 am

Ainin wrote:"I move to amend the Criminal Code as follows."

    For section 13, subclauses f through j, add—
      f. The Attorney General shall have the authority to order the arrest and detention of any individual in Fernão under the terms of an Interpol red notice.
      g. A complete and credible extradition request must be received and certified by the Department of Foreign Affairs within seventy-two (72) hours of arrest for the indefinite extension of the suspect's detention, failing which they must be released.
      h. Any person facing extradition proceedings shall have the right to appeal their expulsion to the District Court of Federal Claims.
      i. No person shall be extradited who—
      a. is wanted for chiefly political or discriminatory reasons in a manner unsupported by international human rights law;
      b. has the status of internationally protected person;
      c. will not, on the balance of probabilities, receive treatment in line with international human rights law during their trial or sentence;
      d. runs the legal possibility of facing execution upon repatriation.
      j. Upon waiver or exhaustion of their appeal, the individual may be released to the custody of the requesting state at the discretion of the President.

"Mr. President, I kindly request my honourable colleague ensure that the notion of Interpol notices, in this case red notices, be properly defined in the bill, so as to not cause confusion. I'd also like to ask my honourable colleague whether Fernão should be admitted as a member of Interpol, something I strongly support."
Last edited by Tectonix on Mon May 29, 2017 10:19 am, edited 1 time in total.
Economic Left/Right: -4.63
Social Libertarian/Authoritarian: -6.36
Senator Giovanni Galatis of the DP
Member of the Democratic Party of Galatea - For the many, not the few

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Eshan
Envoy
 
Posts: 224
Founded: Aug 31, 2015
Ex-Nation

Postby Eshan » Mon May 29, 2017 10:28 am

Ainin wrote:"I move to amend the Criminal Code as follows."

    For section 13, subclauses f through j, add—
      f. The Attorney General shall have the authority to order the arrest and detention of any individual in Fernão under the terms of an Interpol red notice.
      g. A complete and credible extradition request must be received and certified by the Department of Foreign Affairs within seventy-two (72) hours of arrest for the indefinite extension of the suspect's detention, failing which they must be released.
      h. Any person facing extradition proceedings shall have the right to appeal their expulsion to the District Court of Federal Claims.
      i. No person shall be extradited who—
      a. is wanted for chiefly political or discriminatory reasons in a manner unsupported by international human rights law;
      b. has the status of internationally protected person;
      c. will not, on the balance of probabilities, receive treatment in line with international human rights law during their trial or sentence;
      d. runs the legal possibility of facing execution upon repatriation.
      j. Upon waiver or exhaustion of their appeal, the individual may be released to the custody of the requesting state at the discretion of the President.

"Second."
How far away are the stars?
International Geese Brigade - Celebrating 0 Radiation and 3rd Place!
Runners Up: AOCAF LIV
3rd Place: Baptism of Fire 60
Quarterfinal: AOCAF 50, AOCAF 53
Round of 16: DBC 37, CoH 67
Hosted: Cup of Harmony #BIGGUNSBIGGOALS

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Ainin
Postmaster-General
 
Posts: 13979
Founded: Mar 05, 2011
Civil Rights Lovefest

Postby Ainin » Mon May 29, 2017 10:49 am

"Mr. President, there is no reasonable second meaning to 'Interpol red notice' and therefore no grounds for potential confusion. Disambiguation is unnecessary."

"As for the other question, speaking in my personal capacity and not as Parliamentary Secretary to the Attorney General, I would support legislation pursuant to establishing membership in Interpol."
"And when the last law was down, and the Devil turned round on you — where would you hide, Roper, the laws all being flat?"

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All Lukania
Secretary
 
Posts: 33
Founded: Dec 27, 2015
Ex-Nation

Postby All Lukania » Mon May 29, 2017 10:50 am

Ainin wrote:
North Dajao wrote:For Section 8e substitute "twenty-four (24) months" with "eight (8) years"

"Mr. President, a contravention should not have an eight-year sentence."


"I move to amend section 8e to be listed as a delict rather than contravention, if this is the member's response. Further I agree with the member that life imprisonment is a drain on resources but it will be an important stopgap until we allow the death penalty. "

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Tectonix
Minister
 
Posts: 2587
Founded: Apr 30, 2016
Ex-Nation

Postby Tectonix » Mon May 29, 2017 10:53 am

All Lukania wrote:
Ainin wrote:"Mr. President, a contravention should not have an eight-year sentence."


"I move to amend section 8e to be listed as a delict rather than contravention, if this is the member's response. Further I agree with the member that life imprisonment is a drain on resources but it will be an important stopgap until we allow the death penalty. "

Viel gasped. "Mr. President, I am appalled by my honourable colleague's desire for this country to be thrown backwards in time with the institution of capital punishment, something that would require a constitutional amendment. Consider this my warning to the Senator — I will fight to the fullest of my capabilities to ensure that Fernão is a progressive, liberal democracy, and capital punishment has no such place in one."
Economic Left/Right: -4.63
Social Libertarian/Authoritarian: -6.36
Senator Giovanni Galatis of the DP
Member of the Democratic Party of Galatea - For the many, not the few

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