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God-Emperor · 06-05-2014, 01:28 AM

Unless Uni wants me to be Chief for whatever reason.

The Third Imperium
Journalist, South Pacific Independent News Network (SPINN)
Provost, Magisterium
Sergeant, East Pacific Sovereign Army
Journalist, East Pacific News Service
Foreign Affairs Minister, The West Pacific

~~Unibot~~ · 06-05-2014, 07:08 PM

Bel can stay as Chief.

God-Emperor · 06-05-2014, 07:10 PM

So say we all.

The Third Imperium
Journalist, South Pacific Independent News Network (SPINN)
Provost, Magisterium
Sergeant, East Pacific Sovereign Army
Journalist, East Pacific News Service
Foreign Affairs Minister, The West Pacific

**Belschaft** · 07-07-2014, 06:27 PM

To go along with the Criminal Case Procedures (CCP's);

Quote:Article 6: Criminal Code

1. Treason shall be defined as plotting against the Coalition, seeking to lower the delegate's endorsement count without his or her consent, breaking the endorsement cap after receiving an official warning, aiding any entity in which the Coalition is taking defensive action against, or any entity in which a state of war exists with. Nations and citizens that refuse to endorse the Delegate during a State of Emergency shall be considered guilty of treason, and refusing to disclose the name of one's WA nation whilst the aforementioned circumstances are in effect is also considered an act of treason.
2. Defamation shall be defined as communication of a statement which makes a false claim, expressly stated or implied to be factual, in an attempt to harm the reputation of another user or group of users on the forum. The offended must express the offense to the Court in order for the charge to be considered.
3. Fraud shall be defined as a deception made for personal gain or to damage another individual.
4. Espionage shall be defined as an act of or attempt to obtain information that is confidential or not made publicly available for use by oneself or an entity one represents. Distribution of private information that originates on the South Pacific Forum without the express written permission of the Cabinet of the South Pacific shall be considered Espionage.
5. Contempt shall be defined as willfully refusing or preventing the implementation of a lawful court order or instruction.
6. Conduct violations shall be defined as breaking in-game NationStates rules.

Article 7: Penal Code

1. If found guilty of an act of treason, the offending nation will be immediately banned from the in-game region and offsite forums.
2. If found guilty of defamation, the offending nation must issue a public apology to the nation in which the offense was committed against. Further punishment may be determined by the Judiciary.
3. If found guilty of fraud, the Judiciary will determine a sentence. The sentence must be proportionate to the offense.
4. If found guilty of espionage, the offending nation may be banned from the in-game region and expelled from the offsite forums. The Judiciary may determine a lesser sentence in order to keep proportionality with the offense.
5. Contempt is a summary offence, and individuals may be found to be in Contempt by the Court without trial. Contempt may be punished by the temporary suspension of any and all privileges enjoyed by the individual question - including voting, standing for and holding elected office -and the requirement of a public apology. Such suspensions will last until such time as the individual is no longer in contempt, and has issued a public apology if required.
6. Conduct violations are punishable by immediate ejection and banishment from the region, albeit punished parties may appeal this decision to the court. In most cases, nations that appeal the decision and apologize should expect to have their ban lifted.

_{Minister of Media, Subversion and Sandwich Making}
^{Associate Justice of the High Court and Senior Moderator}

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(This post was last modified: 07-07-2014, 06:35 PM by Gordon Freeman.)

**Belschaft** · 07-07-2014, 06:34 PM

Quote:Article 4: The High Court of the South Pacific

Section 1 - Composition and Powers
1. The High Court shall consist of three Court Justices.
2. The Court Justices shall select one of themselves to serve as Chief Justice.
3. The High Court shall be responsible for determining innocence or guilt in criminal cases, and issuing sentence.
4. In response to a Legal Question the High Court may declare any Law, or portions within such law, that conflict with the Charter defunct, and reconcile contradictions within the Charter.
5. In response to a Legal Question the High Court may declare the actions or inaction of any official to be illegal, and compel restitution by a formal Court Order.
6. The High Court holds the sole power to remove citizenship outside of regular legislation that outlines reasonable upkeep requirements or security imperatives.
7. Procedures for the Election of High Court Justices will be defined in the Code of Laws.

Section 2 - Criminal Cases
1. If charges are filled against a citizen the case will be held in the High Court.
2. The Chief Justice will be responsible for keeping order in the court. He has the power to penalize citizens for being in contempt of the court.
3. The Chief Justice and Court Justices, in conjunction with the Assembly, are responsible for establishing a consistent and just set of procedures for hearing criminal cases. This set of procedures must be ratified by the Assembly as a General Law.
4. Excessive absenteeism from the prosecution may result in the summary dismissal of the case. Excessive absenteeism from the defense may result in a summary judgment against the defendant.

Section 3 - Legal Questions
1. Legal questions will always initially be handled by the High Court.
2. Legal questions must be answered within a reasonable amount of time.
3. Any and all interested parties may submit an amicus brief in response to a legal question.
4. Legal questions and amicus briefs must make reference to the relevant sections of the Charter and Code of Laws, and clearly define the nature of the inquiry. Where this is not the case the High Court will issue a summary dismissal of the legal question or amicus brief.

Section 4 - Other
1. The Court Justices are not prohibited from joining the Assembly or any associated organization in the South Pacific, barring political parties and organizations or interest groups.
2. The Court Justices shall have the authority to examine laws and make recommendations to the Assembly, however they may not issue an arbitrary judgement or opinion on laws without a specific legal question being filed.
3. If a matter even sits before the High Court for 72 hours without response, the Chief Justice shall be temporarily suspended, and a Court Justice will assume the office as Acting Chief Justice. Should no Court Justice assume the office then the Assembly may appoint an Acting Chief Justice.

_{Minister of Media, Subversion and Sandwich Making}
^{Associate Justice of the High Court and Senior Moderator}

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(This post was last modified: 07-07-2014, 06:36 PM by Gordon Freeman.)

God-Emperor · 07-10-2014, 01:49 AM

(07-07-2014, 06:27 PM)Belschaft Wrote: Nations and citizens that refuse to endorse the Delegate during a State of Emergency shall be considered guilty of treason

Havin' been guilty of this myself in the past, I'd hardly consider it treason, and I don't consider myself a traitor.

The Third Imperium
Journalist, South Pacific Independent News Network (SPINN)
Provost, Magisterium
Sergeant, East Pacific Sovereign Army
Journalist, East Pacific News Service
Foreign Affairs Minister, The West Pacific

**Belschaft** · 07-10-2014, 09:38 AM

That's an existing clause. Tsu's put up a proposal to remove it (I assume in response to this) so I see no reason to address it.

_{Minister of Media, Subversion and Sandwich Making}
^{Associate Justice of the High Court and Senior Moderator}

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God-Emperor · 07-10-2014, 03:42 PM

I know, but I didn't realize that subclause had been added durin' my hiatus so I had to address it. With that said, sell me on suspendin' votin' rights for contempt real quick.

The Third Imperium
Journalist, South Pacific Independent News Network (SPINN)
Provost, Magisterium
Sergeant, East Pacific Sovereign Army
Journalist, East Pacific News Service
Foreign Affairs Minister, The West Pacific

**Belschaft** · 07-10-2014, 06:37 PM

My logic is that when someone is in contempt we need a big stick to hit them with so they are willing to obey the court order - or at least threaten them with. Any penalty incurred from contempt only lasts till they comply with the court order.

In the real world judges can send you for prison for contempt - until you comply. This is the only real equivalent we have that would have the same effect.

_{Minister of Media, Subversion and Sandwich Making}
^{Associate Justice of the High Court and Senior Moderator}

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God-Emperor · 07-10-2014, 06:46 PM

Alright. Ya sold me. I was on the fence. I understand the need for a big stick, but I've spent the last few hours rackin' my brain tryin' to think of somethin' roughly equivalent that didn't happen to be one of the most fundamental rights of the Coalition. I don't think there is anything else.

The Third Imperium
Journalist, South Pacific Independent News Network (SPINN)
Provost, Magisterium
Sergeant, East Pacific Sovereign Army
Journalist, East Pacific News Service
Foreign Affairs Minister, The West Pacific