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Ryccia
Table of the Assembly
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I hereby present this amendment to Article 5.1 of the Code of Laws:
Quote:Article 5: Justice
Section 1 - 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.
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.
5. 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.
6. Organised crime shall be defined as involvement in a group or association with the intent of committing an unlawful act in The South Pacific.
7. Corruption shall be defined as the misuse of public office for private or personal advantage.
8. 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 citizenship with the intent to vote for private or personal advantage.
9. 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.
10. Violation of Rights shall be defined as an attempt to violate a citizen's rights stated in the Bill of Rights of the South Pacific.
10.11. Conduct violations shall be defined as breaking in-game NationStates rules.
Deputy Regional Minister of the Planning and Development Agency(March 8-May 19, 2014)
Local Council Member(April 24-August 11)
Court Justice of TSP(August 15-December 7)
"The 1% is like a 1% battery charge. It will die out if it is not charged(the charge is the 99%). But if you don't charge it, it will die for sure, sooner or later"
- Me (2001- Present)
"Change is the world's blood"
- Me (2001-Present)
And what would your suggested punishment be as stated later on in the Code of Laws?
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Ryccia
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Quote:Section 2 - 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. 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.
Deputy Regional Minister of the Planning and Development Agency(March 8-May 19, 2014)
Local Council Member(April 24-August 11)
Court Justice of TSP(August 15-December 7)
"The 1% is like a 1% battery charge. It will die out if it is not charged(the charge is the 99%). But if you don't charge it, it will die for sure, sooner or later"
- Me (2001- Present)
"Change is the world's blood"
- Me (2001-Present)
This might seem like a good idea, but there are significant reasons for not making this a crime. The rights in the Charter are up for interpretation. Authorities can genuinely see them one way, while you see them for the other. The court exists to give a final interpretation, which then orders the authorities to follow that interpretation. There's no reason to make it a wholesale crime.
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Ryccia
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I have to admit, very strong point you have there.
Deputy Regional Minister of the Planning and Development Agency(March 8-May 19, 2014)
Local Council Member(April 24-August 11)
Court Justice of TSP(August 15-December 7)
"The 1% is like a 1% battery charge. It will die out if it is not charged(the charge is the 99%). But if you don't charge it, it will die for sure, sooner or later"
- Me (2001- Present)
"Change is the world's blood"
- Me (2001-Present)
(08-08-2015, 01:39 PM)Sandaoguo Wrote: The court exists to give a final interpretation...
Then let the charges and arguments be brought before the court. The court has been tasked with handing out a punishment for unspecified crimes in the past. I don't think they couldn't handle it, especially with a little assembly or cabinet oversite.
Sent from my LG-D500 using Tapatalk
"...if you're normal, the crowd will accept you. But if you're deranged, the crowd will make you their leader." - Christopher Titus
Deranged in NS since 2011
One and ONLY minion of LadyRebels
The OUTRAGEOUS CRAZY other half of LadyElysium
TSP Forum & Discord Mod (4/19-Present)
Niagara Founder (2018-Present)
TSP MoRA (6/19-10/19)
TSP Asso. Justice (4/19-3/20)
TSP Deputy CoA (8/18 - 4/19)
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Former something in Balder
5:19PM, 3/25/12
Hileville - LR and Rebel-topia are going to break the forum. 103 posts between the two of them so far today
LadyRebels - Yes we are implementing our evil plan to take over, just wanted ya'll to know that
[1:22 PM] Rebeltopia: *beats up the Polandar Bear*
[1:22 PM] Polandar Bear: :dizzy_face:
[1:23 PM] Polandar Bear: I'm endangered!
[1:23 PM] Rebeltopia: Endangered of being beated up!
[1:23 PM] Polander Bear: "Beated up" - Rebeltopia, 2018
[6:09 PM] Seraph: Who knew ORCS could be so informative?
[6:10 PM] Nakari: ORCS is truly ORChestral to our understanding of law.
[6:11 PM] Seraph: It's the ORCSue of all our legal knowledge.
[6:11 PM] Nakari: its magical. must have been created with sORCSery.
Nakarisaurus: islands are you just jealous of the boots
Roavin: islands is jealous of the entire package
Satan: ^ this
Islands of Unakarity: Im jealous of the wife, and that mora election a while back
Roavin: punnuendo both intended and not intended
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Farengeto
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(08-09-2015, 09:39 AM)Rebeltopia Wrote: The court has been tasked with handing out a punishment for unspecified crimes in the past.
I don't recall where we put it but we had a clause or court resolution protecting against ex post facto.
That's not what I meant. What I should have said was:
In the past, the court was tasked with handling the sentencing in most (or all, can't really remember) cases.
Sorry for the confusion.
Sent from my LG-D500 using Tapatalk
"...if you're normal, the crowd will accept you. But if you're deranged, the crowd will make you their leader." - Christopher Titus
Deranged in NS since 2011
One and ONLY minion of LadyRebels
The OUTRAGEOUS CRAZY other half of LadyElysium
TSP Forum & Discord Mod (4/19-Present)
Niagara Founder (2018-Present)
TSP MoRA (6/19-10/19)
TSP Asso. Justice (4/19-3/20)
TSP Deputy CoA (8/18 - 4/19)
TSP CSS (2/14-10/14)
TSP High Court Justice (4/14 - 5/14)
TSP CoA (12/13 - 3/14)
TSP Vice Delegate (8/13 - 12/13)
TSP MoS (9/12 - 12/12)
TSP MoFA (5/12 - 9/12)
TSP Forum Admin (2014)
TSP Craziest (12/12 - 3/13 -- 8/13 - 10/14 -- 2/15 - 6/17 -- 2/18 - 6/19)
Former Founder of Richmond
Former something in Europia
Former something in Balder
5:19PM, 3/25/12
Hileville - LR and Rebel-topia are going to break the forum. 103 posts between the two of them so far today
LadyRebels - Yes we are implementing our evil plan to take over, just wanted ya'll to know that
[1:22 PM] Rebeltopia: *beats up the Polandar Bear*
[1:22 PM] Polandar Bear: :dizzy_face:
[1:23 PM] Polandar Bear: I'm endangered!
[1:23 PM] Rebeltopia: Endangered of being beated up!
[1:23 PM] Polander Bear: "Beated up" - Rebeltopia, 2018
[6:09 PM] Seraph: Who knew ORCS could be so informative?
[6:10 PM] Nakari: ORCS is truly ORChestral to our understanding of law.
[6:11 PM] Seraph: It's the ORCSue of all our legal knowledge.
[6:11 PM] Nakari: its magical. must have been created with sORCSery.
Nakarisaurus: islands are you just jealous of the boots
Roavin: islands is jealous of the entire package
Satan: ^ this
Islands of Unakarity: Im jealous of the wife, and that mora election a while back
Roavin: punnuendo both intended and not intended
(This post was last modified: 08-09-2015, 09:58 AM by Penguin.)
Reply
I think we can allow the court to rule if rights have been violated, but I'm not sold on the punishment aspect of it. If so, we need to require extensive proof that the charged knowingly and intended to violate someone's rights.
-tsunamy
[forum admin]
That's the thing I'm getting at, Tsu. Just because your rights were found to be violated doesn't mean the person who violated them didn't act in good faith that THEIR understanding of the law was correct. That doesn't mean it's all relative for a legal aspect, but it does mean they didn't act *criminally*.
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