- Pronouns
- he/him/his
- TNP Nation
- Zemnaya Svoboda
- Discord
- Eluvatar#8517
Due Process Act
On the request of Court I am proposing an Act to specify Due Process in the North Pacific.
On the request of Court I am proposing an Act to specify Due Process in the North Pacific.
First Draft:I Arrest
A. Dire Risk Arrest
1. An official empowered to arrest may arrest any nation the official directly observes in the act of committing a crime under the Legal Code.
B. Warrant
1. An official empowered by the Delegate to arrest may, when there are no more than 5 nations under arrest, request a Warrant (including the desired nature of the arrest) by filing the request together with reasoning and evidence.
2. If the official has identified the nation as the pseudonym of a convict or an agent of a foreign power who is not in the Assembly, the Warrant request will supply evidence thereof, and state that it does not lead to a separate trial.
3. The first Justice to respond to the request who does not recuse themself shall decide whether to approve or deny it.
4. Should no Justice respond, the request shall be considered approved.
5. Only Arrested nations may be ejected or banned.
C Report
1. Upon the arrest of any nation, the arresting official must report the arrest, including precise time.
2. If the Warrant does not specify otherwise, the official must also file a Complaint against the arrested nation.
II Complaints
A. Filing
1. The Court will keep a Docket of Complaints.
2. Any citizen may file a civil Complaint against any other citizen.
3. Any citizen may file a legal Complaint against TNP for an illegal action.
4. Officials empowered by the Delegate to do so may file a criminal Complaint against any citizen.
B. Defining Sides
1. In a civil Complaint, the two involved citizens are the two sides.
2. In a legal Complaint, the citizen filing the Complaint and the TNP governmental branch as represented by the official whose actions are the subject of the complaint are the two sides.
3. In a criminal Complaint, TNP as represented by the official filing the Complaint and the nation which is the subject of the Complaint are the two sides.
III Trial
A. Judge Selection
1. Upon receiving a Complaint, active Justices who can try a case must enter their name into the available Justice list that they can try it, noting the date of Complaint of the last case they took on or the date they took office, whichever came first.
2. Between 24 and 48 hours of the Complaint, the Chief Justice shall assign the case to that available Justice who has been Justice longest without trying a case.
3. If no Justices are available, the Chief Justice shall select an assembly member to try the case.
B. Discovery
1. In a criminal case, the Judge will appoint a reserve Counsel to argue for the Defense should no other Counsel be available.
2. The Judge will set an appropriate due date for the two Sides to Discover all evidence and present it to the Judge and the other side.
3. The two Sides must also present an ordered list of Counsel representing them.
4. The two Sides must also state what witnesses they may call.
5. The Judge may reject evidence which cannot be attested to by any person or has no bearing on the trial.
C. Trial
1. The Judge shall set 5 dissimilar possible dates, noting time and place, to hold the trial.
2. Each side of the case may reject 2 dates.
3. The first date not rejected by either side will be used.
4. The Judge shall preside over the Trial and repeated violation of their procedures is Contempt of Court.
5. The Judge may select a limited number of Counsel to be permitted to speak: that many of present Counsel on each side selected in order of the list filed during Discovery shall be permitted to speak.
6. The Judge shall determine which side speaks first, and shall ensure that each side has equal time to present their arguments.
7. Each side will have the right to cross-examine each witness of the opposing side.
8. Counsel held in Contempt may be disbarred, forbidding them to represent anyone but themselves in future cases.
9. If at the end of the alloted time the Trial is incomplete, the Judge may adjourn and set a date to continue in the proscribed manner.
10. If the Judge finds it necessary, they may hand over the case to a Justice who agrees to take the case.
11. After closing the Trial, the Judge will have 2 days to compose a Verdict and Sentence or Remedy.
12. In a criminal case, if the accused is found guilty they will be convicted and are no longer arrested.
IV. Appeal
1. In a criminal case, either side may appeal the Verdict within 7 days of the end of the trial.
2. In an Appeal, all the Justices may vote until 14 days after the end of the trial.
3. A majority may decide to hold a new trial (once), to reverse the verdict, or to modify the Sentence or Remedy.
V. Martial Law
A. Declaration
1. The Delegate may declare Martial Law, effective immediately, whenever the region is in an immediate and evident danger, unless forbidden.
2. During a state of Martial Law, the Speaker, CLO, Security Council, and Assembly will review the declaration.
3. The Declaration of Martial Law will initiate immediate votes for three days in the above listed bodies on whether to keep it and whether to forbid the Delegate to make Declare it again.
4. The decision of the Speaker or the vote of any above listed body may end Martial Law and may also forbid the Delegate to reinvoke it until the Assembly passes a Resolution to end the interdiction.
B. Effects
1. The requirement of a Warrant to arrest nations not in the Assembly shall be suspended.
2. Each arrest must still be recorded publicly, identifying the reasons and presenting evidence.