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Criminal Trial CTC1: TEP Vs. East Shlibobia; Trial Portion F: Sentencing
Topic Started: Sep 20 2007, 11:59:24 PM (481 Views)
Free Pacific States
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Number One Drone
At this time, I am bringing this court back into session, in order to decide the sentencing of East Shlibobia. The defendant, ES, has been found guilty of violating Chapter 2, Section 2, Subsection 1 of the East Pacific Charter. The wording of said subsection is as follows: "no nation shall seek to overthrow the government of the East Pacific, or by their actions, to see it weakened."

At this time I would ask that the prosecution and defense each present their argument for sentencing. This should, obviously, include each side's suggestion for sentencing. As a note, neither the defense nor prosecution is limited to a single suggestion; both may make multiple suggestions.

I'd ask that both the defense and prosecution submit these arguments as soon as possible, as I'd like to wrap this all up.
The Federated Alliance of Free Pacific States | Lyon Republic | Republic of Xiopothos | East Pacific Treaty Organization
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Reziel
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Eternal Delegate
Your Honor,

Acting as Solicitor General of TEP, I have nothing else to say on this matter but to recall my final requests at the end of the in-trial phase.

Reziel
Sep 20 2007, 09:30 AM
Therefore, the Prosecution of The East Pacific, in person of the Solicitor General Reziel does respectfully request this Court to confirm the unlawfulness of the Defendant East Shlibobia’s behavior, condemning him to 3 (three) overall years of banning from the region, starting from the date and the time of the first ban, which started approximately at 13.50 (01.50 PM) UTC, February 20th 2007.

However, considering the Defendant’s statements about his own willingness to help and to participate to the life of the region, the Prosecution will be ready to accept a reduction of the abovementioned period to 12 (twelve) months of overall banning, under the proviso the Defendant will renounce to his UN status for an additional period of 6 (six) months starting from the lift of the ban and his consequent re-admittance in the region.


However, considering there has been a final verdict, I suppose I can for the first time in this trial leave aside my Solicitor General’s stern attitude and speak just as both a Citizen of TEP and (even more important) as a NSer who does not yet have such a terrific knowledge of this NS world (please note I myself am not so much “older” than East Shlibobia).

That said, I have to admit I wholeheartedly agree with the simple consideration the importance of what has happened has been (at least a little) overestimated. I won’t say it has been a witch hunt, because I’m not persuaded it has been. But I am persuaded our system is not perfect, when it comes to avoid such things.

The new version of RERA (requiring the pre-warning telegrams before the banning) has done something to improve things, but even that is far from perfection. Honestly, I do not know how we could significantly change things… but it’s a fact in this case TEP has not done all possible efforts to avoid this mess to happen. Law-wise, it hadn’t to. The law was there: a pity if the Defendant has not checked it.

But East Shlibobia is right when he says this is, before anything else, just a game. And a game requires everyone to cooperate in order to have collective fun.

In this case, TEP has not cooperated. Probably it hasn’t had the chance, considering the suddenness of ES’ endospamming… but the fact is ES has been de facto left alone. Even if he was a professional raider (something I’m not persuaded of at all) he was entitled to some kind of cooperation. Something he has not received.

Therefore, East Shlibobia has to be punished. Maliciously or not, he has infringed a law.
But at the same time, TEP has to be punished, too. Because if it wants to be – as it is often claimed – an hospital region… well, it will have to do something better than this to prove it intends what it says.

ES has already been banned for some seven months. I suppose it can well be enough. Above all considering he has cared. He has shown his willingness to participate. He has had patience with numerous delays… something I personally thank him again for. And when – once again – he has found himself alone, he has not complained, but he has stepped up as his own Defending Attorney.

Thus proving not only his persistent interest, but even showing he could well be a precious resource for this region, which is desperately short of new blood.

This way, the Executive has had his victory: an important precedent has been set down, thus giving future prosecutions a better weapons against future “attacks” against TEP. But at the same time, we won’t have forgotten we’re here to have fun.

Obviously, wearing the Solicitor General’s uniform again, I’ll deny to have ever thought all this crap, confirming my official requests…
Armis Exposcere Pacem
They demanded peace by force of arms


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Free Pacific States
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Number One Drone
Ultimately, however, I do believe the point is moot. ES has informed me, via PM, that he has no interest in ever returning to the East Pacific. As such, I see no reason to impose any sentence less harsh then that suggested by the state.

Thus, in the matter of the East Pacific Vs. East Shlibobia, having found the defendant guilty of violating the East Pacific Charter, I hereby sentence the defendant to three years of banishment. This sentence will include time served. It should be noted that, should he wish to do so, the defendant may apply for parole at that point at which he has been banned for a year. Parole proceedings, should such an application be made, will decide the terms of his return at that time.

With that, I hereby close this case. Unless the defendant files an appeal (which I doubt he will), I do believe this matter to be entirely finished.
The Federated Alliance of Free Pacific States | Lyon Republic | Republic of Xiopothos | East Pacific Treaty Organization
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