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**Farengeto** · 01-07-2017, 12:40 PM

Quote:1. Crimes

(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.

(2) Identity fraud shall be defined as a deception made of one's self, or knowingly abetting in another's claims to a false identity, wherein this fraud threatens the security of The South Pacific, or circumvents the laws and legal processes of The South Pacific.

(3) 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.4. Blackmail shall be defined as demanding private gains from a player in return for not revealing compromising or injurious information.

(4) Miscarriage of Justice shall be defined as a deliberate perversion of the justice system - conduct which prevents the judiciary from reaching a true and just result.

(5) Organised crime shall be defined as involvement in a group or association with the intent of committing an unlawful act in The South Pacific.

(6) Corruption shall be defined as the misuse of public office for private or personal advantage.

(7) Electoral Fraud shall be defined as a manipulation of the democratic process in The South Pacific, wherein an organised body of abettors conspire to obtain legislator status citizenship with the intent to vote for private or personal advantage.

(8) Vexatious Charges shall be defined as the filing of criminal charges against another player despite the filing party's knowledge that that said charges were meritless, frivolous, repetitive, and/or burdensome.

(9) Conduct violations shall be defined as breaking in-game NationStates rules.

2. Punishments

(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) 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.

(3) If found guilty of any other crime listed above, the Judiciary will determine a sentence. The sentence must be proportionate to the offense.

3. Parole

(1) After serving at least one year of a ban from the region and/or the regional forum, convicts may apply for parole to a parole board.
a. Said parole board shall consist of the senior most member of the Council on Regional Security, the Permanent Justice of the High Court, and the Chair of the Assembly.
b. The parole board may decide to recommend parole to convicts, provided a majority of its members support this motion; this decision should consider the security of the region and the genuine willingness of the convict to reform their behavior.
c. If parole is granted, the regional and/or forum ban shall be revoked and the individual shall be allowed to reside in The South Pacific.

(2) After six months of residency, the individual may apply for legislator status citizenship, albeit with a prohibition on holding office.

(3) While on parole, the special parole board can decide at any time, by majority vote, to revoke an individual’s parole; this decision should consider the security of the region and the contributions of the individual to the region.

(4) After six months of legislator status citizenship, the individual may apply to the parole board for the prohibition on holding office to be lifted. The parole board can grant this motion, provided a majority of the board supports – and in doing so, the individual will no longer be held under any conditions of parole.

(5) At each point of the parole process, prior to the parole board's decision, the Assembly shall be informed of a request and legislators citizens shall be allotted one week to formally present briefs to the parole board regarding to the convicted, their past crimes and the appropriateness of parole.

(6) Changes to the parole system shall not affect the current status of parolees. Although any new procedure shall be followed hereafter.

4. Prohibited Regions and Organizations

(1) The Cabinet or the Council on Regional Security (“CRS”) may request the Assembly designate foreign regions and organizations deemed hostile to The South Pacific as Prohibited Groups. Such requests must be accompanied with a report detailing those activities that meet the definitions of hostility detailed in clause 2 of this Article.

(2) For the purposes of this article, hostility shall constitute foreign regions or organizations that--
a. Were actively involved and complicit in an attempt, successful or otherwise, to illegally overthrow the legitimate government of The South Pacific;
b. Have coordinated efforts to directly exploit the elections or Assembly of The South Pacific;
c. Groups that have engaged in or have attempted to engage in coordinated espionage against The South Pacific government or military;
d. Groups that have or have attempted to sabotage The South Pacific's military operations.

(3) For the purposes of this article, being on opposite sides of a military engagement, provided the target-region is not an ally or a region that The South Pacific is at war with, shall not constitute sabotage of The South Pacific's military operations.

(4) Membership in a designated Prohibited Group is prohibited within The South Pacific and grounds for revocation of legislator status.
a. A seven day grace period will be allowed for renunciation of membership in the Prohibited Group.
b. The seven days grace period begins immediately after the notification of the legislator citizen in question that they are a member of a Prohibited Group by the Prime Minister or a member of the CRS.

(5) Any individual whose legislator status citizenship has been revoked for membership in a designated Prohibited Group may contest their membership in the Prohibited Group to the High Court within 7 days of their legislator status citizenship being revoked.
a. The High Court shall uphold the revocation of legislator status if the individual is found to have been a member of a designated Prohibited Group at the time of revocation.
b. The High Court shall reinstate legislator status if the individual is found not to have been a member of a designated Prohibited Group at the time of revocation.

(6) Applicants for legislator status who are members of a designated Prohibited Group shall not be granted such status unless they renounce membership in the Prohibited Group.

(7) Membership in a designated Prohibited Group does not constitute a criminal offense; failure to disclose such membership shall constitute fraud.

(8) Regions at war with The South Pacific or with which The South Pacific is at war shall be automatically considered Prohibited Groups.
a. The Assembly may further designate Prohibited Groups via a vote with a 60% majority in favor, should the Cabinet or the CSR request such a designation.

(9) The Assembly may rescind a Prohibited Group designation via a vote with a 60% majority in favor.
(10) The following regions and organizations are deemed Prohibited Groups within The South Pacific--
a. The Empire

(11) The Chair of the Assembly shall update clause 10 of this article to reflect The South Pacific's current Prohibited Groups.

Nothing substantial, just replacing all citizenship references with legislator.

(This post was last modified: 01-19-2017, 11:57 PM by Omega.)

***Tsunamy*** · 01-07-2017, 01:19 PM

I mean — personally, I like the idea of it staying with citizenship because that also mans we remove the nation from the region.

Otherwise, we have this odd loophole where remove them from the Assembly, but let them stay in the region to cause other headaches.

-tsunamy
[forum admin]

***sandaoguo*** · 01-07-2017, 02:40 PM

Citizenship has no legal meaning though. Just rewrite it to say they're ejected from the region.

***Tsunamy*** · 01-07-2017, 02:59 PM

(01-07-2017, 02:40 PM)sandaoguo Wrote: Citizenship has no legal meaning though. Just rewrite it to say they're ejected from the region.

So we don't define that everyone is it citizen?

-tsunamy
[forum admin]

**Belschaft** · 01-07-2017, 04:04 PM

(01-07-2017, 02:59 PM)Tsunamy Wrote:
(01-07-2017, 02:40 PM)sandaoguo Wrote: Citizenship has no legal meaning though. Just rewrite it to say they're ejected from the region.

So we don't define that everyone is it citizen?

The Charter doesn't actually say anything about citizens anymore; we replaced that word with Legislator, to avoid the historic issue of people founded in TSP finding it objectionable to be told they weren't a citizen.

Obviously my own view is that anyone in TSP is subject to our laws and thus can be assumed to be a citizen of TSP (more or less), but the law doesn't actually say that; it's an area of ambiguity.

_{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: 01-07-2017, 04:04 PM by Belschaft.)

***Tsunamy*** · 01-07-2017, 06:13 PM

(01-07-2017, 04:04 PM)Belschaft Wrote:
(01-07-2017, 02:59 PM)Tsunamy Wrote:
(01-07-2017, 02:40 PM)sandaoguo Wrote: Citizenship has no legal meaning though. Just rewrite it to say they're ejected from the region.

So we don't define that everyone is it citizen?

The Charter doesn't actually say anything about citizens anymore; we replaced that word with Legislator, to avoid the historic issue of people founded in TSP finding it objectionable to be told they weren't a citizen.

Obviously my own view is that anyone in TSP is subject to our laws and thus can be assumed to be a citizen of TSP (more or less), but the law doesn't actually say that; it's an area of ambiguity.

Then, I'd sooner we made this change:

Quote:III. RIGHTS AND FREEDOMS

Recognizing the democratic rights and freedoms of all members citizens of the Coalition

1. All members of The South Pacific will enjoy the freedoms of expression, speech, assembly, and the press, limited only by reasonable forum moderation policies.

2. The right to a fair trial and defense against criminal accusations will not be abridged. No member may be subject to any bill of attainder, be tried for the same crime more than once, or be tried ex post facto.

3. No member may be banned or ejected from the in-game region without the due process of law.

4. No member may be denied the right to vote or hold office, unless prohibited by constitutional law.

5. No law may be passed by the Assembly that directly affects the activities of the in-game community, without the consent of the in-game community.

6. The High Court may strike down any general law or action that violates any right or freedom found in this Charter.

-tsunamy
[forum admin]

**Belschaft** · 01-07-2017, 06:15 PM

*nods*

I'd support that as well.

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

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**Farengeto** · 01-07-2017, 06:15 PM

Under our current usage "citizen" effectively means any resident of TSP, or as holdovers from the previous system. My changes basically just reaffirm the original intent and purpose.

***Tsunamy*** · 01-07-2017, 06:18 PM

(01-07-2017, 06:15 PM)Farengeto Wrote: Under our current usage "citizen" effectively means any resident of TSP, or as holdovers from the previous system. My changes basically just reaffirm the original intent and purpose.

Yes — I assumed we were using the the term citizen in that way. And I'd sooner the law cover everyone rather than cover only legislators.

-tsunamy
[forum admin]

**Farengeto** · 01-07-2017, 06:29 PM

(01-07-2017, 06:18 PM)Tsunamy Wrote:
(01-07-2017, 06:15 PM)Farengeto Wrote: Under our current usage "citizen" effectively means any resident of TSP, or as holdovers from the previous system. My changes basically just reaffirm the original intent and purpose.

Yes — I assumed we were using the the term citizen in that way. And I'd sooner the law cover everyone rather than cover only legislators.

Well for the purposes of the law it already does. Each reference only deals with issues like voting, not merely residing in the region.