[spoiler]
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1st Assembly, Bill MA-1
An act respecting treason and offences against the public order.
[Passed March 3, 2009]
Section 1: Citation
1. This Act may be cited as the Treason Act .
Section 2: Definitions
2. In this Act,
“legitimate” means the government or delegate so recognised and lawfully holding the position in accordance with the Concordat of the East Pacific.
Section 3: High treason
3. Every one commits high treason who overthrows or attempts to overthrow the legitimate Delegate or the legitimate government of the East Pacific; within the East Pacific, levies war against the East Pacific or does any act preparatory thereto; or assists an enemy at war with the East Pacific or any forces against whom the East Pacific is engaged in hostilities, whether or not a state of war exists between the East Pacific and the entity to which the forces belong to.
Section 4: Treason
4.(1) Every one commits treason who
a) does any unlawful act for the purpose of overthrowing the legitimate Delegate or the legitimate government of the East Pacific;
b) without lawful authority, communicates or makes available to an agent of a foreign entity any information that he or she knows or ought to know may be used by that entity for a purpose prejudicial to the safety or defence of the East Pacific;
c) conspires with any person to commit high treason or to do any unlawful act for the purpose of overthrowing the legitimate Delegate or the legitimate government of the East Pacific;
d) forms an intention to do anything that is high treason, or to do any unlawful act for the purpose of overthrowing the legitimate Delegate or the legitimate government of the East Pacific, and manifests that intention by an overt act; or
e) conspires with any person to, without lawful authority, communicate or make available to an agent of a foreign entity any information that he or she knows or ought to know may be used by that entity for a purpose prejudicial to the safety or defence of the East Pacific; or forms an intention to so, and manifests that intention by an overt act.
(2) Where it is treason to conspire with any person, the act of conspiring is an overt act of treason.
Section 5: Punishment for high treason
5. Every one who commits high treason is guilty of an indictable offence and liable to be banned from the East Pacific for life.
Section 6: Punishment for treason
6. Every one who commits treason is guilty of an indictable offence and liable
a) to be banned from the East Pacific for life if he or she is guilty of an offence under section 4, paragraph a), b), or c);
b) to be banned from the East Pacific for not more than five years if he or she is guilty of an offence under section 4, paragraph d) or e).
Section 7: Omitting to prevent treason
7.(1) Every one commits an offence who, knowing that a person is about to commit high treason or treason, does not, with all reasonable dispatch, inform the legitimate government of the East Pacific or make other reasonable efforts to prevent that person from committing high treason or treason.
(2) Every one who commits an offence under subsection 7(1) is guilty of an indictable offence and liable to be banned from the East Pacific for not more than five years.
Section 8: Sedition
8.(1) Every one commits sedition who teaches or advocates, or publishes or circulates any writing that advocates action to produce an unlawful governmental change within the East Pacific.
(2) Notwithstanding subsection 7(1), no person shall be deemed to have committed sedition by reason only that he or she intends, in good faith,
a) to show that the government has been misled or mistaken in its measures;
b) to point out errors or defects in the government or constitution of the East Pacific, the legislature of the East Pacific, or the administration of justice in the East Pacific;
c) to procure, by lawful means, the alteration of any matter of government in the East Pacific; or
d) to point out, for the purpose of removal, matters that produce or tend to produce feelings of hostility and ill-will between different groups of persons in the East Pacific.
Section 9: Punishment for sedition
9. Every one who commits sedition is guilty of an indictable offence and liable to be banned from the East Pacific for not more than five years.
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BE IT ENACTED BY THE MAGISTERIUM OF THE EAST PACIFIC
SECTION I. CITATION
…1.1- This Act shall be known and cited as the “Treason Act”.
SECTION II. DEFINITIONS
…2.1- For the purposes of this act, the following are hereby defined as:
……2.1.1- “Legitimate government”- The government and/or delegate recognized and lawfully holding the position following the Concordat of the East Pacific.
SECTION III. HIGH TREASON
…3.1- Anyone who does the following shall be committing high treason:
……3.1.1- Overthrows, or attempts to overthrow, the legitimate government of the East Pacific.
……3.1.2- Levies war against the East Pacific, or any act preparatory thereto.
……3.1.3- Assists an enemy at war against the East Pacific, OR assists any enemy engaged in hostilities with the East Pacific (whether or not a state of war exists between the East Pacific and said enemy).
…3.2- Anyone committing High Treason shall be guilty of committing an indictable offense. The minimum sentence for this offense shall be a five year ban from the East Pacific, and the maximum sentence shall be a permanent ban from the East Pacific.
SECTION IV. TREASON
…4.1- Anyone who does the following shall be committing treason:
……4.1.1- Does any unlawful act for the purpose of overthrowing the legitimate government of the East Pacific.
……4.1.2- Without lawful authority, communicates or makes available to an agent of a foreign entity any information that one knows or ought to know may be used by that entity for a purpose that may harm the East Pacific.
……4.1.3- Conspires with any person to commit any form of High Treason, and/or Treason as defined by Section 4.1.1 of this Act.
……4.1.4- Forms an intention to commit High Treason,and/ or Treason as defined by Section 4.1.1 of this Act, and manifests said intention in an overt act.
……4.1.5- Conspires with any person to commit Treason as defined by Section 4.1.2 of this Act.
…4.2- Where it is treason to conspire with any person, the act of conspiring is an overt act of treason.
…4.3- Anyone who commits Treason as defined by Sections 4.1.1, 4.1.2, and/or 4.1.3 of this act shall be guilty of committing an indictable offense. The minimum sentence for this offense shall be a five year ban from the East Pacific, and the maximum sentence shall be a permanent ban from the East Pacific.
…4.4- Anyone who commits Treason as defined by Sections 4.1.4 and/or 4.1.5 of this act shall be guilty of committing an indictable offense. The sentence for this offence shall be a five year ban from the East Pacific.
SECTION V. OMITTING TO PREVENT TREASON
…5.1- Anyone who knows that someone is about to commit high treason or treason and yet, with all reasonable dispatch, does not inform the legitimate government of the East Pacific, or make other reasonable efforts to prevent that person from committing high treason or treason, shall be committing “Omitting to Prevent Treason”.
…5.2- Anyone who commits Omitting to Prevent Treason shall be guilty of committing an indictable offense. The sentence for this offense shall be a five year ban from the East Pacific.
SECTION VI. SEDITION
…6.1- Anyone who teaches, advocates, publishes, or circulates any writing that advocates action to produce an unlawful government change in the East Pacific shall be committing “Sedition”.
…6.2- Notwithstanding Section 7.1 of this act, no one shall be considered to be committing sedition if, by reason only that they intend, in good faith,
……6.2.1- To show that the government has been misled or mistaken in its measures.
……6.2.2- To point out errors or defects in the government, constitution, or the legislature of the East Pacific, or the administration of justice in the East Pacific.
……6.2.3- To procure, by lawful means, the alteration of any matter of government in the East Pacific.
……6.2.4- To point out, for the purpose of removal, matters that produce or tend to produce feelings of hostility and ill-will between different groups of persons in the East Pacific.
…6.3- Anyone who commits sedition shall be committing an indictable offense. The sentence for this offense shall be a five year ban from the East Pacific.
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So, in the spirit of simplifying law to make it easier to understand, I have combed over the Treason Act, and farted out this.
Changes:
- The act is brought into a more modern format, aka it’ll be more understandable to the everyday citizen.
- Punishments for each crime are included in the section for that crime. In the original version, punishments had their own section.
- A change in the following offenses:
Charge
Old Sentence(s)
New Sentence(s)
High Treason
Max. Permanent Ban
Minimum 5-year ban, Maximum Permanent Ban
Treason (Def. 4.1.1, 4.1.2, 4.1.3)
Max. Perm. Ban
Min. 5-yr. ban, Max. Perm. Ban
Treason (Def. 4.1.4 & 4.1.5)
Max. 5-yr. ban
5-yr. ban
Omitting to Prevent Treason
Max. 5-yr. ban
5-yr. ban
Sedition
Max. 5-yr. ban
5-yr. ban
The idea behind “minimum punishments” is so that the Conclave can’t legally give a verdict saying that anyone who has committed treason can’t be let go for 0 years or something. For the punishments that went from a maximum 5 year ban to a set sentence of a 5 year ban, the intention is that the Conclave can’t shift the sentence anymore. If you’re found guilty, you’re getting a 5-year ban. No ifs, or buts, about it (unless you appeal the trial ofc).
I’m aware that there’s ALOT of Magi stuff going on, but as a reminder a lot of it is at vote, and three are things that don’t really need/have any debate. In reality, this is only 1 of the (now) four threads requiring serious debate, so the Magisterium can handle it.
So, here you are! 