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[DEBATE] Criminal Code
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Chanku
  • Citizen
  • Quote
    Article I - Definitions
    1. Conspiracy, for the purposes of this act, is defined as an agreement between two or more people to attempt to commit, or to commit, crimes, to attempt, or to be successful in, intentionally deceiving others, or for an attempt to commit a crime.
    2. Property, for the purposes of this act, is defined to mean any form of items which are uniquely created by an individual, or privately owned items, this includes, but is not limited to, art and writing, and additionally includes honours and titles bestowed by the government of Wintreath onto an individual. Property can be required to be registered with the government, in accordance with relevant law.
    3. Titles and Honours, for the purposes of this act, refer to a specific name or item granted to an individual for their usage, for their actions or for their service. Examples of this are noble titles, specific designs on a Coat of Arms, and specific awards or metals.
    4. A familial name, for the purposes of this act, is defined to mean any name that an individual gains due to their association and membership within a group registered within the Government of Wintreath as a House.
    5. A house of Wintreath, for the purposes of this act, is defined to mean any specific organization registered with, and recognzied as, a family in Wintreath.
    6. A house, for the purposes of this act, is another term for house of Wintreath.
    7. A family, for the purposes of this act, is another term for house of Wintreath.
    8. A Patriarch or Matriarch, for the purposes of this act, is a Citizen of Wintreath, recognized by the government of Wintreath as the head of the house of Wintreath and is responsible for the house under Wintrean Law.
    9. A delegate, for the purposes of this act, is defined as an ambassador or individual sent to represent Wintreath outside of Wintreath properties. This includes the World Assembly Delegate.
    10. Fraud, for the purposes of this act, is defined as a wrongful deliberate deception, in an attempt to deprive an individual of a legal right or an attempt to secure or gain financial gain, personal gain, other form of benefit, or to cause harm to an individual or group.
    11. Decption, for the purposes of this act, is defined as a deliberate attempt to mislead, lie, or to cause an individual to believe something that is not true to gain an advantage or to perform an act one might not otherwise be able to do so.
    12. Misuse, for the purposes of this act, is defined as the usage of something in a manner that is prohibited by law, that is prohibited by the owner, or by contract.
    13. Unauthorized use, for the purposes of this act,  is defined as the usage of something that has not been granted or otherwise authorized for the usage by the individual performing the usage. Such as using property without the permission of the owner of the property.
    14. Theft, for the purposes of this act, is defined as the unauthorized use of something, intentionally, with the the goal of financial gain, personal gain, or to attempt to deceive others into thinking that the property is theirs.
    16. Treason, for the purposes of this act, is defined as 'an act that directly harms Wintreath as a region, knowingly carried out' and includes sabotaging military actions, directly going against legal orders of the Monarch.
    17. Aggression, for the purposes of this act, is defined as 'an act that causes harm, in any way or form' and includes blackmail, extorting and harassment.

    Article II - Layout
    1. This Code is divided into groups, called Articles, which have a number -- increasing by one from the number prior -- and a single-word topic that is displayed next to the Article. Article Numbers are displayed in Roman Numerals
    2. Each Article is divided into Sections and Subsections. Sections may be a topic, a sentence, or longer. Each section is incrementally numbered, starting from one, and increasing by one. Each section is to have the number preceding it. Each subsection is incrementally numbered, with the Section Number and Subsection Number preceding it, with the separation between the two numbers being a full-stop (.). Each Article starts its sections at the number one. Each Article's Sections begin at one. Each Section's Subsections start at the number one.
    3. The First Article has the topic of definitions and is to only define terms and words for this act.
    4. The Second Article has the layout of this Code and is to only contain rules pertaining to its layout.


    Article III - Misdemeanors
    1. Attacking an Ambassador's Image.
    2. Disrupting Judicial proceedings as laid out by relevant law.
    3. Using the name of a Family as one's own without being part of that family
    4. Imitating an ambassador for fraudulent reasons.

    Article IV - Felonies
    1. Felonies are divided into three classes: Class 1, Class 2, and Class 3.

    2. Class 1
     2.1 Demanding information from another Wintreath resident either regarding personal matters or matters relating to accounts or holdings online.
     2.2 Releasing misinformation about another Wintreath resident during elections in attempts to damage their image.
     2.3 Sharing your Wintreath nation with someone who did not register the account.
     2.4 The intentional misuse, unauthorized usage, or theft of Familial Names of any House of Wintreath.
     2.5 The theft of honours or titles of Wintreath that have not been granted to that person.

    3. Class 2
     3.1 Posing as a delegate for Wintreath to another region without prior appointment.
     3.2 Committing an act of aggression towards another Wintreath resident.
     3.3 The intentional theft, misuse, or unauthorized usage of the property of a House of Wintreath, or of its Patriarch or Matriarch.
     3.4 Posing or imitating another Wintreath Resident for use in fraud.
     3.5 The theft of honours or titles of Wintreath that have not been granted to that person, with the intent to deceive.

    4. Class 3
     4.1 Pretending to be a familial Patriarch or Matriarch for the purpose of fraud in relation to matters and business of a House.
     4.2 Attempting to pervert the cause of justice by lying or presenting false evidence in a court case.
     4.3 Committing an act of aggression towards a member of Noble Rank or house.
     4.4 The intentional theft, misuse, or unauthorized usage of the property of a Noble House of Wintreath, or of its Patriarch or Matriarch.
     4.5 Spreading misinformation about any Noble or of any member of a Noble Family.
     4.5 The theft of honours or titles of Wintreath that have not been granted to that person, with the intent for fraud.

    Article V - Capital Crimes
    1. Committing an act of aggression against a member of the Riksråd, the Storting or the Royal Family.
    2. Releasing information from a Ministry, from the Military or from the Storting without approval by the relevant authorities.
    3. Aiding and abetting a region Wintreath is currently at war with.
    4. Spreading misinformation about members of the Riksråd, the Royal Family or the Monarch directly.
    5. Committing an act of Treason.
    6. The repeated theft of honours or titles of Wintreath that have not been granted to that person.
    7. The theft of honours or titles reserved for members of the Royal Family or Monarch.

    Article VI - Additional Crimes
    1. The conspiracy to commit any crime listed here is criminal as well.

    Article VII - Sentencing
    1. Misdemeanors can not be punished by the removal of citizenship or positions within the Government.
    2. Felonies can not by loss of Citizenship.
    3. Class 1 Felonies may result in the loss of guild positions, but not any other governmental positions and may include a ban on the holding of guild positions for a period of one(1) month.
    4. Class 2 Felonies may result in the loss of position within the Storting and a ban for up to three (3) months.
    5. Class 3 Felonies may result in the loss of any position within Wintreath, and the banning of holding positions for a period of up to one (1) year.
    6. Capital Crimes have no maximum and may result in the loss of citizenship and the banning of certain positions indefinitely.

    Article VIII - Statutes of Limitations
    1. Cases against Misdemeanors must be brought within one (1) month of their last occurrence.
    2. Cases against Class 1 Felonies must be brought within one (1) month of their last occurrence.
    3. Cases against Class 2 Felonies must be brought within three (3) months of their last occurrence.
    4. Cases against Class 3 Felonies must be brought within six (6) months of their last occurrence.
    5. Cases against Capital Crimes must be brought within one (1) year of their last occurrence.

    Article IX - Misc.
    1. This Act is to be cited as the Criminal Code
    2. No crime listed within this act, or added to this act after the enactment of it, may be prosecuted or brought before the court if it was committed prior it being listed in this act or prior to it having been listed in the Code of Criminal Laws.
    3. Once a crime passes the Statute of Limitations, it may not be brought before the court, even if the Statute of Limitations is expanded and it would be in the Statute of Limitations should it have not passed the Statute of Limitations.

    Article X - Enactment
    1. This Act becomes binding law once it passes the Storting in accordance with Constitutional Requirements. Upon coming into fore the Code of Criminal Laws is repealed.

    I bring this before the Underhusen for discussion, there will be a forty-two hour debate period, after which any Skrifa may make motions.

    The act itself is a rather extensive rewrite of our current Code of Criminal Laws (which, in itself was practically a rewrite of an earlier proposed bill, the Code of Laws). The main changes are the renaming of the three categories to Misdemeanors, Felonies, and Capital Crimes. Felonies have been split into three categories, called Classes, each one being more severe than the last. Certain Statutes have been extended, with others lowered. I have also criminalized a few new crimes, and reworded existing crimes.

    Also most people will notice the new layout, which is because of the type of law this is, it's a Code, not a regular act. As such it's fundamentally different, and the layout represents that. This also makes amending this law less weird, as under the Code of Criminal Laws you can refer to a Specific crime as (for example) Section 3.1.1, Section 3.1 Subsection 1, Section 3 Subsection 1.1, and Section 3 Subsection 1 Subsubsection 1. This law additionally lays out the terminology.

    I expect this act to be debated thoroughly, due to its nature.
    « Last Edit: September 11, 2018, 02:36:11 AM by Chanku »
    See you later space cowboy.
    Old Signature

     
    Current Positions in Wintreath
    Matriarch of House Kaizer
    Speaker of the 29th Underhusen
    Advisor to the Riksråd
    Positions I've held
    Riksrad(1st Jarl of Information, 3rd Jarl of Foreign Affairs, 2nd Jarl of Defense)
    Member of the WHR
    Speaker of the Underhusen (3rd)
    Speaker Pro Tempore of the Underhusen (1st)
    Underhusen Member (1st-3rd)
    Member of the 5th Overhusen
    Chairman of the 5th Overhusen
    6th Underhusen
    Speaker of the 6th Underhusen
    Mandate Holder for Jarl of Defense
    Member of the 8th Storting (Underhusen)
    Royalty of Wintreath
    Ambassador for the Department of Foreign Affairs.
    Underhusen Terms I've been a part of
    1st Underhusen
    2nd Underhusen
    3rd Underhusen
    6th Underhusen
    8th Underhusen
    Overhusen Terms I've been a part of
    5th Overhusen
    Families I've been a part of
    Kaizer - Matriarch (REFORMED)
    Kestar - Child of Wintermoot (REMOVED)
    Chanku
    Arenado
  • Citizen
  • Some Random Guy
  • Article X is not bolded and underlined.
    I Hope You Have A Nice Day :]
    Arenado
    • Some Random Guy
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    Syraj
  • Former Citizen
  • The conspiracy article declares conspiring to be a crime, but the act does not seem to cover the punishments.
    Résumé

    Citizen: 23 June - Present,
    Wintreath's Finest July 2018,
    Speaker Pro Tempore of the 29th, 30th and 31st Underhusen,
    RP Guild Rank: Layman
    Ambassador to Hartfelden: 11 October -
    Present,
    Thane of Roleplay, December 2018 - Present.
    Syraj
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    • I am totally not sleazy. My products are top quality.
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    Arenado
  • Citizen
  • Some Random Guy
  • I really do not like the definition of aggresion. Anything that causes harm in any way shape and form is far to vague for me to be comfortable with.
    3 people like this post: Syraj, Imaginative Kane, taulover
    I Hope You Have A Nice Day :]
    Arenado
    • Some Random Guy
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    Chanku
  • Citizen
  • The conspiracy article declares conspiring to be a crime, but the act does not seem to cover the punishments.
    It would be the same as the punishments for the crime itself. The Conspiracy section just means that the act of Conspiracy of those charges are chargable to the crime itself.

    I really do not like the definition of aggresion. Anything that causes harm in any way shape and form is far to vague for me to be comfortable with.
    It's, quite literally, copy/pasted from the Code of Criminal Laws.
    1 person likes this post: taulover
    See you later space cowboy.
    Old Signature

     
    Current Positions in Wintreath
    Matriarch of House Kaizer
    Speaker of the 29th Underhusen
    Advisor to the Riksråd
    Positions I've held
    Riksrad(1st Jarl of Information, 3rd Jarl of Foreign Affairs, 2nd Jarl of Defense)
    Member of the WHR
    Speaker of the Underhusen (3rd)
    Speaker Pro Tempore of the Underhusen (1st)
    Underhusen Member (1st-3rd)
    Member of the 5th Overhusen
    Chairman of the 5th Overhusen
    6th Underhusen
    Speaker of the 6th Underhusen
    Mandate Holder for Jarl of Defense
    Member of the 8th Storting (Underhusen)
    Royalty of Wintreath
    Ambassador for the Department of Foreign Affairs.
    Underhusen Terms I've been a part of
    1st Underhusen
    2nd Underhusen
    3rd Underhusen
    6th Underhusen
    8th Underhusen
    Overhusen Terms I've been a part of
    5th Overhusen
    Families I've been a part of
    Kaizer - Matriarch (REFORMED)
    Kestar - Child of Wintermoot (REMOVED)
    Chanku
    Syraj
  • Former Citizen
  • Just because it is from the CoC doesn't mean it should change.
    Résumé

    Citizen: 23 June - Present,
    Wintreath's Finest July 2018,
    Speaker Pro Tempore of the 29th, 30th and 31st Underhusen,
    RP Guild Rank: Layman
    Ambassador to Hartfelden: 11 October -
    Present,
    Thane of Roleplay, December 2018 - Present.
    Syraj
    • Posts: 363
    • Karma: 122
    • I am totally not sleazy. My products are top quality.
    • Former Citizen
    • Familial House
      Kaizer
      Wintreath Nation
      Logged
    Arenado
  • Citizen
  • Some Random Guy
  • Then perhaps we should define harm, instead of leaving it open to interpretation.
    I Hope You Have A Nice Day :]
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    Crushita
  • Citizen
  • The Potato Pope
  • I would like to ask Chanku if he plans to make any changes based on the citizens contribution in the Citizens Platform, especially Gerrick's. I'd like to see some of the sections he's mentioned collapsed into one. (III.1 and IV.2.1 under IV2.1, III.3 and IV.2.4 under III.3) as the crimes are similar enough in severity that really they should be condensed into one. I'd like sentencing guidelines set out for conspiracy. I feel sections V.2, V.4, V.6 and V.7 should be brought down to felonies, very few things should count as capital crimes. III.1 is very ambiguous, if I become an ambassador am I free from criticism at all under that law? Finally I have noticed some spelling errors. "2. Felonies can not by loss of Citizenship. " This makes no sense. Finally, X.1. You forgot the c in force.
    1 person likes this post: taulover
    « Last Edit: September 14, 2018, 12:57:39 AM by Crushita »
    Spoiler
    Held Positions
    Wintreath
    Skirfa of the 12th, 17th, 18th, 19th, 20th, 21st, 22nd, 23rd, 25th, 26th, 27th and 29th Sessions of the Underhusen
    Former Thane of Information
    His Majesty's Court Pet
    Kingdom of Great Britain
    Former Privy Councilor
    Former Prime Minister of the Kingdom of Great Britain
    Former Deputy Prime Minister of the Kingdom of Great Britain x2
    Former Member of Parliament of the Kingdom of Great Britain x4
    Former Minister of Foreign Affairs of the Kingdom of Great Britain x2
    Former Lord of Parliament of the Kingdom of Great Britain x4
    Formerly His Royal Highness, the Viscount Telcontar of Whitby
    Ainur
    Former King of Ainur
    Former Minister of Culture of Ainur x2
    Former Minister of Foreign Affairs of Ainur x2
    Former Senator of Ainur x2
    Former Deputy Speaker of Ainur
    Other Regions
    Former Prime Minister of the British Isles
    Former Prime Minister of the New United Kingdom
    Former Culture Minister of the New United Kingdom
    Former Member of the Parliament of the Canadian Kingdom
    Former Privy Councillor in the Canadian Kingdom
    Former Member of Parliament of the United Kingdom
    [/center]
    • The Potato Pope
    Crushita
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    Chanku
  • Citizen
  • I intend to bring some changes to this soon, I've just decided to take a short break from the law in order to focus on other things, as my stress has been a bit high lately due to RL issues and law matters do add to it a bit at times. I intend to respond and bring some changes within the next few days.
    1 person likes this post: taulover
    See you later space cowboy.
    Old Signature

     
    Current Positions in Wintreath
    Matriarch of House Kaizer
    Speaker of the 29th Underhusen
    Advisor to the Riksråd
    Positions I've held
    Riksrad(1st Jarl of Information, 3rd Jarl of Foreign Affairs, 2nd Jarl of Defense)
    Member of the WHR
    Speaker of the Underhusen (3rd)
    Speaker Pro Tempore of the Underhusen (1st)
    Underhusen Member (1st-3rd)
    Member of the 5th Overhusen
    Chairman of the 5th Overhusen
    6th Underhusen
    Speaker of the 6th Underhusen
    Mandate Holder for Jarl of Defense
    Member of the 8th Storting (Underhusen)
    Royalty of Wintreath
    Ambassador for the Department of Foreign Affairs.
    Underhusen Terms I've been a part of
    1st Underhusen
    2nd Underhusen
    3rd Underhusen
    6th Underhusen
    8th Underhusen
    Overhusen Terms I've been a part of
    5th Overhusen
    Families I've been a part of
    Kaizer - Matriarch (REFORMED)
    Kestar - Child of Wintermoot (REMOVED)
    Chanku
    Crushita
  • Citizen
  • The Potato Pope
  • Considering the lack of response by Chanku to the concerns brought up, while I see no reason this act can't be passed in the future, to quote the procedural rules "3. If no motion has been made or seconded after five days, Skrifa must enter a motion to vote, table, or extend discussion." We're well over 5 days.

    I motion to table.
    1 person likes this post: taulover
    Spoiler
    Held Positions
    Wintreath
    Skirfa of the 12th, 17th, 18th, 19th, 20th, 21st, 22nd, 23rd, 25th, 26th, 27th and 29th Sessions of the Underhusen
    Former Thane of Information
    His Majesty's Court Pet
    Kingdom of Great Britain
    Former Privy Councilor
    Former Prime Minister of the Kingdom of Great Britain
    Former Deputy Prime Minister of the Kingdom of Great Britain x2
    Former Member of Parliament of the Kingdom of Great Britain x4
    Former Minister of Foreign Affairs of the Kingdom of Great Britain x2
    Former Lord of Parliament of the Kingdom of Great Britain x4
    Formerly His Royal Highness, the Viscount Telcontar of Whitby
    Ainur
    Former King of Ainur
    Former Minister of Culture of Ainur x2
    Former Minister of Foreign Affairs of Ainur x2
    Former Senator of Ainur x2
    Former Deputy Speaker of Ainur
    Other Regions
    Former Prime Minister of the British Isles
    Former Prime Minister of the New United Kingdom
    Former Culture Minister of the New United Kingdom
    Former Member of the Parliament of the Canadian Kingdom
    Former Privy Councillor in the Canadian Kingdom
    Former Member of Parliament of the United Kingdom
    [/center]
    • The Potato Pope
    Crushita
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    Katie
  • Former Citizen
  • The Cheese
  • I second the motion.
    Lady Katherine Ostergaard
    Countess of Osterfell, Matriarch of the Noble House of Ostergaard


    Resumé
    Contact
    Discord: Katie#3933

    Wintreath
      • Fmr. Thane of WA Affairs
      • Fmr. Jarl of Foreign Affairs
      • Fmr. Skrifa in the 29th-34th & 36th Sessions of the Underhusen
      • Fmr. Officer of Information in the 29th-34th Sessions of the Underhusen
      • Fmr. Speaker Pro Tempore in the 33rd Underhusen
      • Fmr. Thane of Integration
      • Fmr. Thane of Embassies

    Other
    • Fmr. Councillor of World Assembly Affairs in Cynosure
    • Fmr. Outreach Officer of the Rejected Realms
    • Fmr. Kaetunet of the 1st House of Commons of the Holy Reich of Bunicken
    • Fmr. Grand Councillor in Grand Central
    • Fmr. Local Councillor in the South Pacific
    Katie
    • The Cheese
    • Posts: 730
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    • hoh
    • Former Citizen
    • Pronouns
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      Familial House
      Ostergaard
      Wintreath Nation
      Logged
     
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