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LegComm: Accepted Change in the Criminal Code and Penal Code
#11

Good on ya Uni, have a cookie Tounge

*gives Uni a cookie*

and, by all means, please do Ryccia.

Also, instead of adding vote stacking as a separate crime, maybe clarify and categorize it under Fraud?

#12

How about this?

Quote:Article 5: 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. 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. Vote stacking shall be defined as planning to manipulate votes by "inviting" other people to The South Pacific to obtain citizenship, only to vote for a person/s's personal gain.
6. False Charges shall be defined as putting false criminal charges to an individual to either damage or manipulate the individual.

5.7. Conduct violations shall be defined as breaking in-game NationStates rules.

Quote:Article 6: 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. If found guilty of vote stacking, the Judiciary will determine a sentence.  The sentence must be proportionate to the offense
6. If found guilty of False Charges, 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.

5.7. 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.
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)


#13

I don't like this. If I sue someone and lose, that person could countersue me for "false criminal charges". That doesn't seem fair at all.
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
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#14

Yeah, there's a difference between vexatious litigation and wrongful litigation - not all wrongful litigation is vexatious.
#15

And how about this?

Quote:Article 5: 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. 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. Vote stacking shall be defined as planning to manipulate votes by "inviting" other people to The South Pacific to obtain citizenship, only to vote for a person/s's personal gain.
6. Vexatious Charges shall be defined as filing unmeritable, frivolous, repetitive, and/or burdensome accusations of crimes to the judiciary that constitute an abuse of the judicial process.

5.7. Conduct violations shall be defined as breaking in-game NationStates rules.

Quote:Article 6: 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. If found guilty of vote stacking, the Judiciary will determine a sentence.  The sentence must be proportionate to the offense
6. If found guilty of Vexatious Charges, 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.

5.7. 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.
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)


#16

I decided to take a shot at this:



Quote:Article 5: 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. 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, illegally manipulating the electoral process (i.e. vote stacking/importing voters from another region with a singular purpose)
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. Vote stacking shall be defined as planning to manipulate votes by "inviting" other people to The South Pacific to obtain citizenship, only to vote for a person/s's personal gain.
6. Vexatious Charges shall be defined as filing unmeritable, frivolous, repetitive, and/or burdensome accusations of crimes to the judiciary that constitute an abuse of the judicial process.

5.7. Conduct violations shall be defined as breaking in-game NationStates rules.

Quote:Article 6: 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. If found guilty of vote stacking, the Judiciary will determine a sentence.  The sentence must be proportionate to the offense
6. If found guilty of Vexatious Charges, the offending nation must issue a public apology to the nation in which the offense was committed against. said charges shall be rendered void and dismissed as fictitious. Further punishment may be determined by the Judiciary.

5.7. 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.

I felt that Formal Apologies should not be forced as they lose their meaning that way. Thoughts?

#17

(02-20-2015, 06:33 PM)TAC Wrote: I decided to take a shot at this:




Quote:Article 5: 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. 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, illegally manipulating the electoral process (i.e. vote stacking/importing voters from another region with a singular purpose)
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. Vote stacking shall be defined as planning to manipulate votes by "inviting" other people to The South Pacific to obtain citizenship, only to vote for a person/s's personal gain.
6. Vexatious Charges shall be defined as filing unmeritable, frivolous, repetitive, and/or burdensome accusations of crimes to the judiciary that constitute an abuse of the judicial process.

5.7. Conduct violations shall be defined as breaking in-game NationStates rules.

Quote:Article 6: 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. If found guilty of vote stacking, the Judiciary will determine a sentence.  The sentence must be proportionate to the offense
6. If found guilty of Vexatious Charges, the offending nation must issue a public apology to the nation in which the offense was committed against. said charges shall be rendered void and dismissed as fictitious. Further punishment may be determined by the Judiciary.

5.7. 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.

I felt that Formal Apologies should not be forced as they lose their meaning that way. Thoughts?
I like these ones better. Good job, TAC!
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)


#18

Quote:Article 5: 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. 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, illegally manipulating the electoral process (i.e. vote stacking/importing voters from another region with a singular purpose)
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. Vote stacking shall be defined as planning to manipulate votes by "inviting" other people to The South Pacific to obtain citizenship, only to vote for a person/s's personal gain.
5. Vexatious Charges shall be defined as filing unmeritable, frivolous, repetitive, and/or burdensome accusations of crimes to the judiciary that constitute an abuse of the judicial process.

6. Blackmail shall be defined as an act involving unjustified threats to make a gain or cause loss to another unless a demand is met, coercion involving threats of criminal prosecution,
7. Conduct violations shall be defined as breaking in-game NationStates rules.

Quote:Article 6: 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. the Judiciary will determine a sentence.  The sentence must be proportionate to the offense. 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. If found guilty of vote stacking, the Judiciary will determine a sentence.  The sentence must be proportionate to the offense
5. If found guilty of Vexatious Charges, the offending nation must issue a public apology to the nation in which the offense was committed against. said charges shall be rendered void and dismissed as fictitious. Further punishment may be determined by the Judiciary.

6. If found guilty of Blackmail, the Judiciary will determine a sentence.  The sentence must be proportionate to the offense. Further punishment may be determined by the Judiciary.
7. 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.

While the issue is still fresh I added Blackmail as a crime.
I also took it a step further and removed Formal Apologies as a punishment completely. I couldn't think of a suitable punishment for Defamation and Blackmail, so I left it to the discretion of the judiciary, but this does fix the issue of formal apologies. Open to ideas on those.

#19

(02-20-2015, 07:41 PM)TAC Wrote:
Quote:Article 5: 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. 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, illegally manipulating the electoral process (i.e. vote stacking/importing voters from another region with a singular purpose)
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. Vote stacking shall be defined as planning to manipulate votes by "inviting" other people to The South Pacific to obtain citizenship, only to vote for a person/s's personal gain.
5. Vexatious Charges shall be defined as filing unmeritable, frivolous, repetitive, and/or burdensome accusations of crimes to the judiciary that constitute an abuse of the judicial process.

6. Blackmail shall be defined as an act involving unjustified threats to make a gain or cause loss to another unless a demand is met, coercion involving threats of criminal prosecution,
7. Conduct violations shall be defined as breaking in-game NationStates rules.

Quote:Article 6: 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. the Judiciary will determine a sentence.  The sentence must be proportionate to the offense. 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. If found guilty of vote stacking, the Judiciary will determine a sentence.  The sentence must be proportionate to the offense
5. If found guilty of Vexatious Charges, the offending nation must issue a public apology to the nation in which the offense was committed against. said charges shall be rendered void and dismissed as fictitious. Further punishment may be determined by the Judiciary.

6. If found guilty of Blackmail, the Judiciary will determine a sentence.  The sentence must be proportionate to the offense. Further punishment may be determined by the Judiciary.
7. 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.

While the issue is still fresh I added Blackmail as a crime.
I also took it a step further and removed Formal Apologies as a punishment completely. I couldn't think of a suitable punishment for Defamation and Blackmail, so I left it to the discretion of the judiciary, but this does fix the issue of formal apologies. Open to ideas on those.
I was thinking of blackmail too, but I wasn't sure. Good job, TAC!
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)


#20

Hurrah for people who take the time to read the legal fine print!
Darkstrait  :ninja:

Former Justice, Former Local Councilor, Roleplayer, Former SPSF Deputy for Recruitment, Politically Active Citizen, Ex-Spammer Supreme, and Resident Geek

"Hats is very fashion this year."





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