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[DISCUSSION] Criminal Code Revision Act
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Chanku
  • Citizen
  • Quote from: Criminal Code Revision Act
    Title
    1. This law shall be titled the Criminal Code Revision Act

    Amendments
    2. Section 7 of the Code of Criminal Laws shall be rendered null and void. Section 8 and Section 9 shall be renumbered to Section 7 and Section 9 respectively.

    3. Section 5.1.2 shall be rendered null and void, with all following sections being renumbered appropriately.

    4. Section 8.4 shall be amended to read as follows:
    Quote
    8.4 A citizen may not be retried for any crime they were acquitted of, unless in the very specific circumstance of the Defense having destroyed evidence, which was recovered after the end of a trial, or having improperly hid evidence which was found out after the end off a trial.

    5. Section 9.2 shall be amended to read as follows:
    Quote
    9.2 Treason shall be defined as "an act that directly harms Wintreath as a region, knowingly carried out" and includes sabotaging military actions, all forms of online illegal action (hacking) against Wintreath holdings.

    6. Section 3 shall be amended to include a new section, Section 3.1 which shall read as follows:
    Quote
    3.1 Any action listed here also includes the charge of Conspiracy to commit that act. As such if someone conspires to commit treason, they may be charged for Conspiracy to commit Treason. Conspiracy to commit a crime shall be considered within the same crime category as the actual crime itself.

    7. Section 2.1 shall be amended to read as follows:
    Quote
    2.1 The provisions of this Act apply to actions committed only after the passage of this Act, and no citizen may be brought to criminal trial for actions not illegal prior to this Act's passage nor for actions not deemed illegal by this Act.

    Here's an act that I created, which does fix some things up in the Code of Criminal Laws.

    After introduction debate shall begin for forty-eight (48) hours, after which a Skrifa may make a motion, unless this is expedited.
    See you later space cowboy.
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    Chanku
    taulover
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  • Why do you want to get rid of Section 7 of the Code of Criminal Laws? I feel it is a rather self-aware provision that addresses the truth that Wintermoot does have final authority over the region and the forums.

    Also I think you meant to renumber Section 9 to Section 8, though for consistency I'd suggest simply stating "renumbered appropriately."
    1 person likes this post: BraveSirRobin
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    Crushita
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  • I have two points on this:

    1. Striking down Section 7 makes no sense. It simply states what is already fact, that, in essence, Wintermoot controls the website, he can deal with people on his own website how he pleases. While we of course put it into different language, thats basically what it says. Striking down that section makes no difference.
    2. The amendment to section 9.2 simply removes the section " or directly going against the word of the Monarch." Another oddly anti-monarchist revision that doesn't make much sense to me to change.
    I am either neutral or agree with the other sections on this bill, but I don't feel I can support this bill with these two sections in it. They simply make no sense to amend as far as i'm concerned.
    1 person likes this post: BraveSirRobin
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    Chanku
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  • I have two points on this:

    1. Striking down Section 7 makes no sense. It simply states what is already fact, that, in essence, Wintermoot controls the website, he can deal with people on his own website how he pleases. While we of course put it into different language, thats basically what it says. Striking down that section makes no difference.
    2. The amendment to section 9.2 simply removes the section " or directly going against the word of the Monarch." Another oddly anti-monarchist revision that doesn't make much sense to me to change.
    I am either neutral or agree with the other sections on this bill, but I don't feel I can support this bill with these two sections in it. They simply make no sense to amend as far as i'm concerned.

    On the first issue, it's because I felt it was out of place in this act. Further there are some conflict with the Fundamental Laws. First off Section 7.1 itself actually somewhat contradicts the Fundamental Laws, which only allows for a member of the UH to be removed should they loose citizenship or be recalled (it could be suggested that the courts do have the power to also remove a member of the government.). Other members of the Government are appointed by the Monarch and serve at the Monarch's discretion really. 7.2 somewhat violates the Fundamental Laws as well, as it requires someone have a fair trial. 7.3 would be removed by the Judicial Procedures Act, mainly because it would conflict with the way procedure is laid out there.

    On the second issue, I removed that because I have NEVER liked the way it was worded, and when I tried to reword it, I couldn't get it into a way that addressed the main point of it being in there that fit well or was decent. I felt it would be best to remove and either revisit it later or rework that entire section, and potentially have someone else help out with that.

    Edit: Also Wintermoot has that power, more-so as Administrator, not as Monarch. That is already addressed in law, and as such it is unnecessary to further make that statement.
    « Last Edit: January 08, 2017, 09:21:50 PM by Chanku »
    See you later space cowboy.
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  • May I suggest amending Section 7 to reference the Winter Nomad instead of the Monarch? This could clarify the existing provisions in the Fundamental Laws, and remove any confusion regarding the powers of the Monarch and Admin.
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    Chanku
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  • May I suggest amending Section 7 to reference the Winter Nomad instead of the Monarch? This could clarify the existing provisions in the Fundamental Laws, and remove any confusion regarding the powers of the Monarch and Admin.

    Well, the thing is, is that such an action could be considered illegal under Article VI, Section 5.
    See you later space cowboy.
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  • It could, but I'd argue that such a change would extend the Winter Nomad's powers from the security of Wintreath properties to the defense of the region as a sovereign entity, and as such is unrelated to any of the powers already given to the Winter Nomad in the Fundamental Laws.
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    Chanku
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  • Still, when it comes to administrative stuff, I don't really like risking it...
    See you later space cowboy.
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  • Also, what do you find problematic with section 9.2's wording? You merely say that you don't like it, but don't elaborate.
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    Wintreath:
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    Skydande Vakt Marshal: 29 November 2015 - 28 February 2017
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    Chanku
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  • It was too broad for my liking. Going against the word of the Monarch could be somewhat reasonably interpreted to make something like disagreeing with the Monarch a criminal offense.
    See you later space cowboy.
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