[GA—IN QUEUE] Costs in Criminal Cases Act

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TNP Nation
Mackinac Island
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Costs in Criminal Cases Act
Category: Regulation | Area of Effect: Legal Reform
Proposed by: Barfleur | Onsite Topic

The World Assembly,

Committed to securing persons within member nations all the rights to which they are entitled by law;

Believing that persons ought not to be deterred from exercising their rights by virtue of financial burdens imposed by law; and

Especially concerned that in criminal cases, the threat of ruinous financial costs can coerce innocent defendants into pleading guilty, both perverting the justice system and allowing for guilty parties to remain unpunished:

Hereby enacts as follows:

  1. Definitions.
    In this resolution:
    • "offense" means any violation of a criminal, civil, or administrative nature, however designated and whether statutory or otherwise, for which a conviction can be obtained; and
    • "defendant" means a person, whether natural or juridical, charged with an offense.
  2. Regulation of court fees.
    No member nation may impose any financial obligation upon a defendant on the grounds that the defendant is charged with an offense or has exercised any right relating to trial. This section shall not be construed to forbid the imposition of fines or restitution upon conviction of an offense.

  3. Right to full discovery.
    No member nation may impose any financial obligation upon a defendant on account of such defendant's assertion of the right to be informed of the nature of the offense, to know the evidence intended to be used against the defendant, or to know the evidence in the government's possession which tends to benefit the defense (whether as to guilt or as to punishment).

  4. Compensation for vindicated defendants.
    When a prosecution for an offense terminates with an acquittal, a permanent dismissal of charges, or any other disposition which does not include an admission or finding of guilt, the defendant shall not be required to pay any financial obligation arising out of that case that was reasonably necessary to the defense. Any such obligation already paid shall be refunded in full. This section does not apply to fees paid by the defendant to defense counsel.

  5. Protection of alternative resolutions.
    This resolution does not forbid the practice of reducing, suspending, or dismissing charges upon the completion of voluntary mediation, conciliation, tertiary prevention measures, or similar practices between the defendant and the victim or victims of the offense, if such practice is in accordance with the laws of the relevant jurisdiction.

Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!

ForAgainstAbstainPresent
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