Temporary Judicial Remedies

Grosseschnauzer

Grosseschnauzer

TNPer
I've separated the following proposed language out of another proposal so that this can be augmented if consensus can be reached. (That I am not sure of.)m remain of the opinion that the Court currently has this authority anyhow, so it's primary purpose is for conveneince through codification.

C. Suspension pending trial. At the time an indictment is issued, the Prime Minister or the Attorney General, or the prosecutor appointed by the Attorney General, may file a ex parte civil proceeding with the Court of The North Pacific requesting a court order that suspends the indicted party from the Regional Assembly or any office or position within the government of The North Pacific pending the outcome of the criminal proceeding. This suspension shall apply to all nations that the indicted party has controlled or will control that is placed within The North Pacific at any time.
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Nothing on when this will be lifited. Or about how good your evidence needs to be. Or about what crimes this applys for.
 
Nothing on when this will be lifted: pending the outcome of the criminal proceeding.....

How good the evidence needs to be:obviously the court are not going to give out suspensions willy nilly....

What crimes this applys to:Shouldn't it apply to any crimes???
 
Technically speaking, evidence given to a grand jury for an indictment specifically needs to be evidence that produces a 'reasonable' presumtion that charges are sufficient to bring the matter to trial. What is 'reasonable' is justifiably open for debate as is the condition that guilt myst be proven beyond a 'reasonable' doubt based upon the preponderance of evidence.

Whether or not that evidence is sufficient enough to warrant the suspension of the indicted is the sole purvey of the judges sitting on the matter. As long as the judges are impartial and apolitical in their treatment of the case there isn't any problems with their deciding the suspension. Likewise, if the judiciary is an independent judiciary, there is no problem. It is reasonable to presume (or should be) that any judicial opinion on suspension should not be construed nor is intended to construe innocence or guilt of the charged party.
 
As much as I think it would definately help in some of our court cases, I am afraid that it leaves far too much space to be abused and as already mentioned 'innocent until proven guilty' so I would not accept it.
 
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