It is very easy for the criminal code to be taken in bad faith as no sentence recommendations exist! Therefore I am drafting this to fix that. So, here it is!

Criminal Code

...

2. Punishments
...

(3) If found guilty of any other crime listed above, the Judiciary will determine a sentence. The sentence must be proportionate to the offense., and if it involves a ban, the ban must be no more than:

a. 2 years for Identity fraud, Espionage and Blackmail
b. 1 year for Extortion and Defamation
c. 6 months for Corruption, Bribery, Electoral Fraud and Whistleblower Outing
d. 3 months for Vexatious Charges

(4) The Judiciary's sentence for Contempt of Court may be as they see fit, with no limitations.

As a tl;dr, this draft imposes the maximum sentences on crimes and things that the Judiciary is not allowed to consider when determining a sentence to ensure fairness.

Note that the sentences in the draft are not yet decided, I'm choosing them according to polls which will run in this thread each week

(This post was last modified: 03-21-2021, 08:01 PM by Purple Hyacinth. Edit Reason: Added [FAILED] )

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It is very easy for the criminal code to be taken in bad faith as no sentence recommendations exist! Therefore I am drafting this to fix that. So, here it is!
1. Crimes

(1) Treason shall be defined as plotting against the Coalition, seeking to lower the Delegate's endorsement count without their consent, breaking the endorsement cap after receiving an official warning, aiding any entity which the Coalition is taking defensive action against, or any entity against which a state of war exists.

(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 in official South Pacific discussion areas, excluding private messages, without the express written permission of the relevant officials or institutions shall be considered Espionage.
a. The Chair of the Assembly shall be the relevant official for information from private discussions of the Assembly.
b. The Council on Regional Security shall be the relevant institution for information from private discussions of the Council.
c. The High Court shall be the relevant institution for information from private discussions of the High Court.
d. The Cabinet shall be the relevant institution for all other private information that originates in official South Pacific discussion areas.

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

(5) Contempt of Court 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 the manipulation of the democratic process in the South Pacific, wherein--
a. an individual recruits people to vote a particular way, with an underlying corrupt purpose, regardless if the recruited persons are aware of that purpose;
b. a group of individuals organize themselves to vote a particular way, with an underlying corrupt purpose that would alter the natural outcome of the vote.

(9) Extortion shall be defined as the threatening of any individual in order to influence behavior that the recipient would otherwise not alter.

(10) Defamation shall be defined as the communication of false or grossly misleading information about an individual to a recipient, for the purposes of damaging the standing of that individual and done so with a reckless disregard for its factual accuracy.

(11) Bribery shall be defined as the receiving or offering of undue support by or to any individual in order to influence behavior that the recipient would otherwise not alter.

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

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

(14) Whistleblower Outing shall be defined as revealing the identity of an anonymous whistleblower with intent to cause harm to the whistleblower.

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 High 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, and meet these requirements:

(A) Identity fraud shall result in a ban of no less than 2 years
(B) Espionage shall result in a ban of no less than 1 year or more than 3 years
© Blackmail shall result in a ban of no less than 3 years or more than 10
(D) Contempt of court may result in a ban of at least 2 years
(E) Corruption shall result in the removal of citizenship and a 6 month ban
(F) Electoral fraud shall result in loss of citizenship and/or a ban of no more than 2 years
(G) Extortion and Defamation shall result in a ban of no less than 5 years
(H) Bribery shall result in a ban of no more than 2 years
(I) Vexatious Charges shall result in loss of citizenship and/or a ban of no more than 2 years
(J) Conduct violations may result in a ban at the Judicial's discretion
(K) Whistleblower Outing shall result in a ban of no more than 1 year

"(1) A sentencing case is started when an individual has been found guilty after being indicted. The case is started, if possible, by the justice that delivered the conviction."

Only the Justices deliver court sentences. Plus, each court case is different; and I find that these sentences are outrageous beyond recognition.

Local Councillor (3/15/20 - 6/23/20)
Deputy Minister of Educational Affairs (2/19/20 - 4/9/20)
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Fellow (1/12/19 - ~10/14/20) 
Ambassador to Osiris and TWP (4/3/20 - 7/8/20)
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(This post was last modified: 01-25-2021, 08:23 PM by Rabbitz.)

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I've reformatted the amendment to be in compliance with the Law Standards Act. You should copy this into the OP.

Criminal Code

...

2. Punishments

...

(3) If found guilty of any other crime listed above, the Judiciary will determine a sentence. The sentence must be proportionate to the offense., and meet these requirements:
a. Identity fraud shall result in a ban of no less than 2 years
b. Espionage shall result in a ban of no less than 1 year or more than 3 years
c. Blackmail shall result in a ban of no less than 3 years or more than 10
d. Contempt of court may result in a ban of at least 2 years
e. Corruption shall result in the removal of citizenship and a 6 month ban
f. Electoral fraud shall result in loss of citizenship and/or a ban of no more than 2 years
g. Extortion and Defamation shall result in a ban of no less than 3 years
h. Bribery shall result in a ban of no more than 2 years
i. Vexatious Charges shall result in loss of citizenship and/or a ban of no more than 2 years
j. Conduct violations may result in a ban at the Judicial's discretion
k. Whistleblower Outing shall result in a ban of no more than 1 year

click here for the code

Code:

[bill]
[align=center][b]Criminal Code[/b][/align]
...

[b]2. Punishments [/b]

...

(3) If found guilty of any other crime listed above, the Judiciary will determine a sentence. The sentence must be proportionate to the offense[bill-subtract].[/bill-subtract][bill-add], and meet these requirements:
a. Identity fraud shall result in a ban of no less than 2 years
b. Espionage shall result in a ban of no less than 1 year or more than 3 years
c. Blackmail shall result in a ban of no less than 3 years or more than 10
d. Contempt of court may result in a ban of at least 2 years
e. Corruption shall result in the removal of citizenship and a 6 month ban
f. Electoral fraud shall result in loss of citizenship and/or a ban of no more than 2 years
g. Extortion and Defamation shall result in a ban of no less than 3 years
h. Bribery shall result in a ban of no more than 2 years
i. Vexatious Charges shall result in loss of citizenship and/or a ban of no more than 2 years
j. Conduct violations may result in a ban at the Judicial's discretion
k. Whistleblower Outing shall result in a ban of no more than 1 year[/bill-add]
[/bill]

I'd also recommend adding periods at the end of the subsections.

Reply

It is very easy for the criminal code to be taken in bad faith as no sentence recommendations exist! 

What do you mean by this?

Midwesterner. Political nerd. Chipotle enthusiast. 
Minister of Culture of the South Pacific // Former Prime Minister

Reply

Corruption shall result in the removal of citizenship and a 3 month ban

Define "citizenship". 
Do you mean "members" or do you mean "legislatorship"?

Local Councillor (3/15/20 - 6/23/20)
Deputy Minister of Educational Affairs (2/19/20 - 4/9/20)
Senior Fellow of Integration (12/20/20 - 2/19/20)
Fellow (1/12/19 - ~10/14/20) 
Ambassador to Osiris and TWP (4/3/20 - 7/8/20)
Legislator (1/19/19 - 11/1/21)
Chair of the Assembly (6/23/20 - 9/3/20)
Secretary of State (7/8/20 - 2/4/21 | 6/14/21 - 11/1/21) 
Deputy of Media (2/14/21 - 11/1/21)
Ambassador to TNP and Lazarus  (6/14/21 - 10/22/21)
MoE Leadership (10/14/20 - 11/1/21)

Reply

Congratulations on submitting a bill! It's good to see relatively new legislators stepping forward.

If I may make a suggestion, it might help for you to ask around and have a good look at how the judiciary works and what goes into deciding sentences within the context of our criminal justice system. That way, if you insist on this bill, it would be well informed and you might even make new friends from your fellow legislators along the way.

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:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System

Reply

I got rid of all the minimum sentences. The highest sentence is 3 years, which I save for semi-OOC violations like extortion/defamation and the lowest is 2 months for Vexatious Charges

Reply

I've reformatted the amendment to be in compliance with the Law Standards Act. You should copy this into the OP.

Criminal Code

...

2. Punishments

...

(3) If found guilty of any other crime listed above, the Judiciary will determine a sentence. The sentence must be proportionate to the offense., and meet these requirements:
a. Identity fraud shall result in a ban of no less than 2 years
b. Espionage shall result in a ban of no less than 1 year or more than 3 years
c. Blackmail shall result in a ban of no less than 3 years or more than 10
d. Contempt of court may result in a ban of at least 2 years
e. Corruption shall result in the removal of citizenship and a 6 month ban
f. Electoral fraud shall result in loss of citizenship and/or a ban of no more than 2 years
g. Extortion and Defamation shall result in a ban of no less than 3 years
h. Bribery shall result in a ban of no more than 2 years
i. Vexatious Charges shall result in loss of citizenship and/or a ban of no more than 2 years
j. Conduct violations may result in a ban at the Judicial's discretion
k. Whistleblower Outing shall result in a ban of no more than 1 year

click here for the code

Code:

[bill]
[align=center][b]Criminal Code[/b][/align]
...

[b]2. Punishments [/b]

...

(3) If found guilty of any other crime listed above, the Judiciary will determine a sentence. The sentence must be proportionate to the offense[bill-subtract].[/bill-subtract][bill-add], and meet these requirements:
a. Identity fraud shall result in a ban of no less than 2 years
b. Espionage shall result in a ban of no less than 1 year or more than 3 years
c. Blackmail shall result in a ban of no less than 3 years or more than 10
d. Contempt of court may result in a ban of at least 2 years
e. Corruption shall result in the removal of citizenship and a 6 month ban
f. Electoral fraud shall result in loss of citizenship and/or a ban of no more than 2 years
g. Extortion and Defamation shall result in a ban of no less than 3 years
h. Bribery shall result in a ban of no more than 2 years
i. Vexatious Charges shall result in loss of citizenship and/or a ban of no more than 2 years
j. Conduct violations may result in a ban at the Judicial's discretion
k. Whistleblower Outing shall result in a ban of no more than 1 year[/bill-add]
[/bill]

I'd also recommend adding periods at the end of the subsections.

Corruption shall result in the removal of citizenship and a 3 month ban

Define "citizenship".
Do you mean "members" or do you mean "legislatorship"?

Mea Culpa, thanks!

It is very easy for the criminal code to be taken in bad faith as no sentence recommendations exist!

What do you mean by this?

The Judiciary may (altough this is unlikely) give sentences unfairly to people, such as a very high sentence while to others they may give a very low one, even if it is the same crime as no regulations exist to prevent this

Reply

The Judiciary may (altough this is unlikely) give sentences unfairly to people, such as a very high sentence while to others they may give a very low one, even if it is the same crime as no regulations exist to prevent this

Giving unfair/biased decisions are illegal as implied/stated by the Judicial Act. Doing this for the reason stated would be considered redundant.

Local Councillor (3/15/20 - 6/23/20)
Deputy Minister of Educational Affairs (2/19/20 - 4/9/20)
Senior Fellow of Integration (12/20/20 - 2/19/20)
Fellow (1/12/19 - ~10/14/20) 
Ambassador to Osiris and TWP (4/3/20 - 7/8/20)
Legislator (1/19/19 - 11/1/21)
Chair of the Assembly (6/23/20 - 9/3/20)
Secretary of State (7/8/20 - 2/4/21 | 6/14/21 - 11/1/21) 
Deputy of Media (2/14/21 - 11/1/21)
Ambassador to TNP and Lazarus  (6/14/21 - 10/22/21)
MoE Leadership (10/14/20 - 11/1/21)

Reply

The Judiciary may (altough this is unlikely) give sentences unfairly to people, such as a very high sentence while to others they may give a very low one, even if it is the same crime as no regulations exist to prevent this

Giving unfair/biased decisions are illegal as implied/stated by the Judicial Act. Doing this for the reason stated would be considered redundant.

The other reason I did this is because of this

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