The Magisterium passed the original Criminal Code on 23 July 2014. (http://theeastpacific.com/topic/5192526/1/?x=90#new)
The Delegate approved the law on 23 July 2014. (http://theeastpacific.com/single/?p=8035675&t=5170092)
[spoiler]
— Begin quote from ____
BE IT ENACTED by the Magisterium of The East Pacific:
SECTION I. TITLE
…1.1- This act shall be known as the “Dictum de hoc Malefactum” and cited as ‘The Dictum’.
SECTION II. FINDINGS
…2.1- The Magisterium finds that:
…2.1.1- The legal system does not allow for the proper or consistent application of justice,
…2.1.2- The laws of the East Pacific require a frame in which to be applied and understood, and
…2.1.3- A Dictum would be beneficial to the legal and justice systems of The East Pacific.
SECTION III. DEFINITIONS
…3.1- For the purposes of this act, the following terms are defined as:
…3.1.1- Criminal- “a person or nation which have been dutifully and lawfully convicted of a criminal act”
…3.1.2- Criminal Act- “an act or an omission of an act which is in contravention of a justly applied criminal law”
…3.1.3- Criminal Law- “a law dutifully enacted to define an act -or an omission of an act- as against public interest and generally supplies a punishment for committing such an act”
…3.1.4- Equivalent Law- “a law which demonstrates substantive similarities with a law of The East Pacific”
…3.1.5- Judicial System- “the whole of the court and justice system of a region, including judges, juries, court officers, prosecutors and other barristers, and other actors which influence judicial decisions”
…3.1.6- Conviction- “a judicial decision which deems a party guilty or generally responsible for the accused criminal act”
…3.1.7- Sentence- “the punishment, penalty, or sanction which has been enacted as prescribed by law; as a result of conviction”
…3.1.8- Jurisdiction- “the legal authority to enforce laws and pronounce legal judgements”
SECTION IV. PROVISIONS
…4.1- The East Pacific shall, as a Region, recognize the Dictum as the primary frame through which to view East Pacific laws and justice.
…4.2- The East Pacific shall, through the separation of powers, recognize and affirm it is the duty of:
…4.2.1- its Justice System to apply the law,
…4.2.2- its Legislative System to create the law,
…4.2.3- its Executive Bodies to enforce the law.
…4.3- The East Pacific shall enforce the principle of ‘Stare Decisis’ through the creation and maintenance of a common law legal system.
…4.3.1- In this system, precedent is applied and followed in justice and law when reasonable.
Offences and Sentencing
…4.4- Criminal offences shall be clearly typified as either a ‘summary’ or ‘indictable’ offence, and applied as such.
…4.5- Summary offences are those which the Delegate, their appointees, or service administrators are empowered and expected to enforce.
…4.5.1- The sentences for these offences should not exceed that which is mandated by the law,
…4.5.2- Citizens of The East Pacific may choose to appeal this decision to Conclave, if applicable.
…4.6- Indictable offences are those which may not be enforced by The East Pacific until it is proven before Conclave that the accused citizen is guilty.
…4.6.1- The sentences for these offences should not exceed that which is mandated by law.
…4.7- The East Pacific believes the fundamental purpose of sentencing is to contribute to a respect for the law to maintain a just and safe society by imposing just sanctions that have one or more of the following objectives:
(a) to denounce unlawful conduct;
(b) to deter the offender and other persons from committing offences;
(c) to separate offenders from society, where necessary;
(d) to provide reparations for harm done to victims or to the community; and
(e) to promote a sense of responsibility in offenders, and acknowledgement of the harm done to victims and to the community.
Regional Considerations and Rights
…4.8- The East Pacific shall assert its right as a Region to deny entry or residence to any nation it has deemed a significant risk to the Region, including but not limited to nations which have been convicted of Treason or High Treason.
…4.8.1- This shall not impede the right of Citizens to seek appeal before Conclave.
…4.9- The East Pacific shall recognize criminal histories of nations in judicial proceedings, prosecution of nations, and any other reasonable function. Criminal histories and equivalencies shall be dealt with as follows:
…4.9.1- The East Pacific shall through any police, intelligence or equivalent function, be able to investigate and present any information regarding previous convictions of any nation without hindrance,
…4.9.2- The Conclave of The East Pacific is empowered to consider a foreign conviction as equivalent and thereby factor it in to related judicial decisions,
…4.9.3- The Magisterium may retain a list of foreign criminal laws which The East Pacific shall consider as equivalent to its own,
…4.9.4- Equivalencies shall not promote or suggest the undue discrimination against nations with a criminal past, especially those who have refrained from criminal conduct,
…4.9.5- The East Pacific shall not undertake the sentencing of a conviction or criminal warrants of another region, unless provided for by a bilateral treaty agreement.
…4.10- The East Pacific shall be empowered to consider any evidence presented to it that is considered verifiable by Conclave;
…4.10.1- Evidence of a potential criminal offence should be reported by a citizen upon their knowledge,
…4.10.2- Collection of evidence shall not be constrained by the jurisdiction of The East Pacific, but shall be collected any place which a citizen is present or The East Pacific is discussed.
…4.11- The East Pacific shall be empowered to declare its jurisdiction over the various services used by its citizens, as follows:
…4.11.1- The service is used by the citizens of The East Pacific,
…4.11.2- The owner or equivalent operator of the service has consented to The East Pacific jurisdiction, and agreed to uphold the laws and legal decisions of The East Pacific,
…4.11.3- The World Factbook entry shall list the main community room per service,
…4.11.4- The name “The East Pacific” shall not be used for any unofficial services,
…4.11.5- It is the purview of the Delegate to designate which ‘NationStates’ forum threads are official,
…4.11.6- <TheEastPacific.com> shall be the forum service used by The East Pacific.
…4.12- Citizens which have been subject to banishment reserve the right to seek appeal before Conclave for either summary or indictable offences.
SECTION V
…5.1- This bill shall be enacted upon its signature by the Delegate, except if the Magisterium votes to override a veto of this bill by the Delegate.
— End quote
— Begin quote from ____
BE IT RESOLVED by the Magisterium of The East Pacific:
SECTION I. TITLE
…1.1- This resolution shall be titled as the “Codicis de Malefactum” and cited as the “The Codicis” or “The Code of Crimes”.
SECTION II. FINDINGS
…2.1- The Magisterium finds that:
…2.1.1- The East Pacific requires a centralized body of criminal law,
…2.1.2- Such a body would require frequent amendment, and
…2.1.3- It is within the power of the Region to fulfil this with a unique and workable solution.
SECTION III. DEFINITIONS.
…3.1- For the purposes of this resolution, the following terms are defined as:
…3.1.1- Criminal Law- “a law dutifully enacted to define an act -or an omission of an act- as against public interest and generally supplies a punishment for committing such an act”
…3.1.2- Conviction- “a judicial decision which deems a party guilty or generally responsible for the accused criminal act”
…3.1.3- Sentence- “the punishment, penalty, or sanction which has been enacted as prescribed by law; as a result of conviction”
…3.1.4- Criminal Act- “an act or an omission of an act which is in contravention of a justly applied criminal law”
SECTION IV. RESOLUTIONS.
…4.1- The Magisterium of The East Pacific shall maintain The Codicis (appendix) of any law which:
…i) prescribes a criminal sentence,
…ii) requires or merits trial before the Conclave, or
…iii) is otherwise considered as a criminal law.
…4.2- The most current Codicis shall be pinned within the ‘Laws of The East Pacific’ subforum and entitled “The Codicis; Index of Criminal Law”.
…4.3- The Codicis shall list the following clearly:
…i) The offence,
…ii) The title of the Act the offence is contained within,
…iii) The classification of the offence (summary or indictable)
…iv) The prescribed sentence(s), and
…v) A link to the Act as posted in the ‘Laws of The East Pacific’ subforum.
…4.4- The Codicis shall be actively maintained with the addition, deletion, or change of any criminal laws.
…4.5- The Magisterium may by majority vote, appoint a Foreperson to be responsible to update the Codicis.
…4.5.1- This person shall either exhibit or endeavour to gain a fair understanding of the Criminal Code.
…4.5.2- The Foreperson shall be considered the Specialist in criminal law and trial processes.
…4.5.3- In the absence of a Foreperson, the Provost shall maintain the Codicis.
…4.5.4- A vote for Foreperson occurs following the nomination and seconding of any citizen at any time.
— End quote
[/spoiler]
[hr]
The Magisterium VOTE: Amendment to the Dictum - The East Pacific - Tapatalk Section 4.3 of the Dictum de hoc Malefactum of the Criminal Code on March 29th, 2020. The amendment took effect at 3:17 AM on April 8th, 2020, following 10 days without Delegate signature or veto.
[spoiler]…4.3- The East Pacific shall ensure consistent and fair justice through the creation and maintenance of a civil law legal system containing elements of a common law system.
…4.3.1- In this system, precedent is applied and followed in justice and law when reasonable and after the application and following of statutory law.
…4.3.2- Should statutory law and precedent conflict on a matter, statutory law shall be considered before precedent.
[/spoiler]
[spoiler]
BE IT ENACTED by the Magisterium of The East Pacific:
SECTION I. TITLE
…1.1- This act shall be known as the “Dictum de hoc Malefactum” and cited as ‘The Dictum’.
SECTION II. FINDINGS
…2.1- The Magisterium finds that:
…2.1.1- The legal system does not allow for the proper or consistent application of justice,
…2.1.2- The laws of the East Pacific require a frame in which to be applied and understood, and
…2.1.3- A Dictum would be beneficial to the legal and justice systems of The East Pacific.
SECTION III. DEFINITIONS
…3.1- For the purposes of this act, the following terms are defined as:
…3.1.1- Criminal- “a person or nation which have been dutifully and lawfully convicted of a criminal act”
…3.1.2- Criminal Act- “an act or an omission of an act which is in contravention of a justly applied criminal law”
…3.1.3- Criminal Law- “a law dutifully enacted to define an act -or an omission of an act- as against public interest and generally supplies a punishment for committing such an act”
…3.1.4- Equivalent Law- “a law which demonstrates substantive similarities with a law of The East Pacific”
…3.1.5- Judicial System- “the whole of the court and justice system of a region, including judges, juries, court officers, prosecutors and other barristers, and other actors which influence judicial decisions”
…3.1.6- Conviction- “a judicial decision which deems a party guilty or generally responsible for the accused criminal act”
…3.1.7- Sentence- “the punishment, penalty, or sanction which has been enacted as prescribed by law; as a result of conviction”
…3.1.8- Jurisdiction- “the legal authority to enforce laws and pronounce legal judgements”
SECTION IV. PROVISIONS
…4.1- The East Pacific shall, as a Region, recognize the Dictum as the primary frame through which to view East Pacific laws and justice.
…4.2- The East Pacific shall, through the separation of powers, recognize and affirm it is the duty of:
…4.2.1- its Justice System to apply the law,
…4.2.2- its Legislative System to create the law,
…4.2.3- its Executive Bodies to enforce the law.
…4.3- The East Pacific shall ensure consistent and fair justice through the creation and maintenance of a civil law legal system containing elements of a common law system.
…4.3.1- In this system, precedent is applied and followed in justice and law when reasonable and after the application and following of statutory law.
…4.3.2- Should statutory law and precedent conflict on a matter, statutory law shall be considered before precedent.
Offences and Sentencing
…4.4- Criminal offences shall be clearly typified as either a ‘summary’ or ‘indictable’ offence, and applied as such.
…4.5- Summary offences are those which the Delegate, their appointees, or service administrators are empowered and expected to enforce.
…4.5.1- The sentences for these offences should not exceed that which is mandated by the law,
…4.5.2- Citizens of The East Pacific may choose to appeal this decision to Conclave, if applicable.
…4.6- Indictable offences are those which may not be enforced by The East Pacific until it is proven before Conclave that the accused citizen is guilty.
…4.6.1- The sentences for these offences should not exceed that which is mandated by law.
…4.7- The East Pacific believes the fundamental purpose of sentencing is to contribute to a respect for the law to maintain a just and safe society by imposing just sanctions that have one or more of the following objectives:
(a) to denounce unlawful conduct;
(b) to deter the offender and other persons from committing offences;
(c) to separate offenders from society, where necessary;
(d) to provide reparations for harm done to victims or to the community; and
(e) to promote a sense of responsibility in offenders, and acknowledgement of the harm done to victims and to the community.
Regional Considerations and Rights
…4.8- The East Pacific shall assert its right as a Region to deny entry or residence to any nation it has deemed a significant risk to the Region, including but not limited to nations which have been convicted of Treason or High Treason.
…4.8.1- This shall not impede the right of Citizens to seek appeal before Conclave.
…4.9- The East Pacific shall recognize criminal histories of nations in judicial proceedings, prosecution of nations, and any other reasonable function. Criminal histories and equivalencies shall be dealt with as follows:
…4.9.1- The East Pacific shall through any police, intelligence or equivalent function, be able to investigate and present any information regarding previous convictions of any nation without hindrance,
…4.9.2- The Conclave of The East Pacific is empowered to consider a foreign conviction as equivalent and thereby factor it in to related judicial decisions,
…4.9.3- The Magisterium may retain a list of foreign criminal laws which The East Pacific shall consider as equivalent to its own,
…4.9.4- Equivalencies shall not promote or suggest the undue discrimination against nations with a criminal past, especially those who have refrained from criminal conduct,
…4.9.5- The East Pacific shall not undertake the sentencing of a conviction or criminal warrants of another region, unless provided for by a bilateral treaty agreement.
…4.10- The East Pacific shall be empowered to consider any evidence presented to it that is considered verifiable by Conclave;
…4.10.1- Evidence of a potential criminal offence should be reported by a citizen upon their knowledge,
…4.10.2- Collection of evidence shall not be constrained by the jurisdiction of The East Pacific, but shall be collected any place which a citizen is present or The East Pacific is discussed.
…4.11- The East Pacific shall be empowered to declare its jurisdiction over the various services used by its citizens, as follows:
…4.11.1- The service is used by the citizens of The East Pacific,
…4.11.2- The owner or equivalent operator of the service has consented to The East Pacific jurisdiction, and agreed to uphold the laws and legal decisions of The East Pacific,
…4.11.3- The World Factbook entry shall list the main community room per service,
…4.11.4- The name “The East Pacific” shall not be used for any unofficial services,
…4.11.5- It is the purview of the Delegate to designate which ‘NationStates’ forum threads are official,
…4.11.6- <TheEastPacific.com> shall be the forum service used by The East Pacific.
…4.12- Citizens which have been subject to banishment reserve the right to seek appeal before Conclave for either summary or indictable offences.
SECTION V
…5.1- This bill shall be enacted upon its signature by the Delegate, except if the Magisterium votes to override a veto of this bill by the Delegate.
[/spoiler]