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**Belschaft** · 10-22-2017, 05:07 PM

Me and Kris have hashed out the following over the last couple of days;

Amendment to Article 4. of the Court Procedures Act Wrote:4. Criminal Complaint

Filing a Complaint

(1) Any past or current member of The South Pacific may lodge a criminal complaint against another individual within the jurisdiction of the South Pacific, or have such done on their behalf by a representative.

(2) The Permanent Justice will examine the complaint; should they deem it worthy of a full hearing, they will select two impartial citizens to consider the matter alongside them.

Judicial Hearing

(3) The Permanent Justice will create a new thread for the Judicial Hearing, wherein they will detail the charges and announce the citizens selected to join them on the panel. The Permanent Justice will notify both the complainant and defendant of this immediately.

(4) A period of one week will then occur during which motions, including pleas of guilty or not-guilty, may be submitted.

(5) The complainant will then have one week to present their case.

(6) The defendant will then have one week to present their case.

(7) The panel will then consider the matter and reach a verdict. If the defendant is found guilty they will issue sentence.

Appeal

(8) Should either party consider the hearing to have been unjust, they may appeal its result to the Assembly.

(9) Appeals may only be submitted on the basis of;
a. Error on a point of procedure
b. Error on a point of law
c. Error on a point of fact
d. Judicial bias or misconduct
e. Violation of Rights or Freedoms

(10) The Assembly may grant the appeal via a two-thirds majority in a vote lasting five days.

Regulation of Process

(11) The Permanent Justice and Pool of Justices may establish further regulations to manage the Criminal Complaint process, so long as they do not contradict the Charter or the CPA.

This is a "minimal" reform proposal that simplifies the current process and reduces bureaucracy, whilst aligning the CPA with the current Court structure.

_{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: 10-22-2017, 05:08 PM by Belschaft.)

rolandarmstrong · 10-22-2017, 07:28 PM

This seems rather brief. I don't think it's specific enough, and gives the justice too much power, which could end up not being good... When I'm back on pc, I'll revise it and offer it to the legislature...

Signed,

Positions:
Legislator of The South Pacific
King of Machina, Defence Realm of Illuminati Alliance
Citizen of The East Pacific

Former Positions:

Overlord of Masterz
Seargant of HYDRA
Talon of Firehehlm
Munifiex of The Roman Empire

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Kanglia · 10-22-2017, 07:37 PM

This looks pretty good to me, I especially like 9) & 10) of this. However, I feel that one week might be a little bit long with case presentation, might be better for the time period to be 5 days at a max.

It's casual- Sharikan
The Gameplayer also known as Kangly/Kang/Kangles

Drall · 10-22-2017, 08:29 PM

(10-22-2017, 07:37 PM)Kanglia Wrote: This looks pretty good to me, I especially like 9) & 10) of this. However, I feel that one week might be a little bit long with case presentation, might be better for the time period to be 5 days at a max.

Given the length of the present trial, one week seems like a fair length of time, long enough for involved parties to post whilst not being overly long.

Looks pretty good. Out of curiosity, what's the reasoning for past members having the right to lodge a criminal complaint? That seems a little odd...

Marius Rahl

Fortitudine Vincimus!

***Roavin*** · 10-22-2017, 08:46 PM

Still an adversarial system. I had already written up a non-adversarial replacement.

**Belschaft** · 10-23-2017, 12:56 PM

@rolandarmstrong - It's meant to be brief, the point is to provide a minimal outline that the High Court can then add detail to. The objective is not to "solve" the Criminal system, but to make it basically functional.

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

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