The North Pacific v. Slatos

Lord Lore

I'm anything you want me to be.
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The Court is now in session and will hear the case of The North Pacific v. Slatos (aka @Bear) as filed by Dinoium, Deputy Attorney General of The North Pacific.


REQUEST FOR INDICTMENT

Defendant: Slatos (also known as Bear)
Plaintiff: The North Pacific

The Office of Attorney General requests the court initiate proceedings in regards to the PLAINTIFF charging that the DEFENDANT did commit one criminal act:

Criminal Acts: The Defendant committed an act of treason by raiding a treated ally dignitary, Stargate, while at the same time a citizen of The North Pacific.

Relevant Laws:
Section 1.1: Treason
2. "Treason" is defined as taking arms or providing material support to a group or region for the purpose of undermining or overthrowing the lawful government of The North Pacific or any of its treatied allies as governed by the Constitution.
3. Specifically, no player maintaining a nation in a region or organization at war with TNP may maintain a nation within TNP, or participate in the governance thereof, for the duration of hostilities.
4. At this time, there are no regions or organizations at war with TNP. At this time TNP is allied with Stargate, the South Pacific, Taijitu, International Democratic Union, Equilism, Europeia, Albion, Greater Dienstad, The East Pacific, Balder and Europe.
Specific Offense(s): Treason

Date(s) of Alleged Offense(s): Treason: February 9th-10th, 2020

Summary of Events: On February 9th, 2020, Slatos, a citizen of The North Pacific, led his own region in an raid against Stargate in order to topple its civilian, treatied government, and replace it with a Slatos-favorable government. Slatos’s attempt was thwarted by the North Pacific Army in a defense operation. Slatos admitted to having raided the region under the alias “Elatos”.

Supporting Evidence:
Archived activity of regional movement (including Slatos movement into the region), taken 2/10/2020 (1): http://web.archive.org/web/20200211031933/https://www.nationstates.net/page=activity/view=region.stargate/filter=move
Archived activity of regional movement (including Slatos movement into the region), taken 2/10/2020 (2): https://m.imgur.com/AnV56Ts?r
Slatos admitting that he moved under the alias “Elatos” (1): https://gyazo.com/73f395c948c7ca5b55eb48f98dda18b0
Slatos admitting that he moved under the alias “Elatos” (2):
https://discordapp.com/channels/147373390104231936/147374029144064000/676140826476281916 (viewable only by citizens)
Slatos admitting to have taking part in the raid: https://gyazo.com/7bde53dbb12a467aa026e79726db883d

Conclusion and Recommendation:
The Office of the Attorney General concludes that enough evidence exists to justify these charges and recommends that this case be tried as speedily and fairly as possible.

Thank you,
Office of the Attorney-General of The North Pacific

Representing The North Pacific will be @Dinoium, Deputy Attorney General & @Vivanco, Attorney General

Representing the Defendant will be @Deropia

Presiding over this case as Moderating Justice will be @Lord Lore.

The Defendant is charged with one count of Treason.

The Defendant will have 48 hours from the opening of the thread to enter a plea. If at that time no plea has been entered, a default plea of "Not Guilty" will be entered for the Defendant.

Additionally, the Defendant is requested to notify the Court as to who will be serving as their Counsel. If they do not do so then the Defendant will be assigned a representative until further notice.

The Defendant has failed to issue a plea, a default plea of Not Guilty has been entered.


The Defendant has issued a plea of Guilty.

Timetable:
  1. Evidence Submission (Sunday February 16, 2019 - Friday February 21, 2019)
  2. Recess (Saturday February 22, 2019 - Monday February 26, 2019)
  3. Argumentation (Tuesday February 27, 2019 - Wednesday March 2, 2020)
  4. Deliberation (Thursday March 3, 2020 - Saturday March 7, 2020
  5. Sentencing (Sunday March 8, 2020 - Thursday March 11, 2020)
A Sentencing period has been set for March 17, 2020 til March 20, 2020.
 
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Lord Lore

I'm anything you want me to be.
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As the evidence in the indictment has been made public and the Defendant informed of such, they now have 48 hours from this post to reply with a plea and any representation before a plea is entered for them and representation found.
 

Lord Lore

I'm anything you want me to be.
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Due to the lack of clarification and the Court's inability to determine a plea. The Court is now looking for an individual to act as Counsel. The trial shall continue once one is attained.
 

Lord Lore

I'm anything you want me to be.
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@Deropia is hereby appointed as counsel for the Defense.

Given the nature of being appointed instead of being chosen. The Courts grants 24 hours from this post to enter discussions with the defendant and issue a plea.
 

Deropia

Speaker
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Your Honour,

Despite efforts to contact the defendant, I have been unable to obtain instructions. It has been brought to my attention that the defendant has stated: "I am not doing the stupid court, I already left the damn region."

Having reviewed the evidence the Attorney General has collected, I have no way of contesting the evidence without the participation of the Defendant. At this time I would enter a plea of Guilty and request to proceed directly to sentencing.
 

Lord Lore

I'm anything you want me to be.
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Your Honour,

Despite efforts to contact the defendant, I have been unable to obtain instructions. It has been brought to my attention that the defendant has stated: "I am not doing the stupid court, I already left the damn region."

Having reviewed the evidence the Attorney General has collected, I have no way of contesting the evidence without the participation of the Defendant. At this time I would enter a plea of Guilty and request to proceed directly to sentencing.
Unfortunately, the Court can not accept an uninstructed plea of guilty, we can not allow a Counsellor to waive the Defendant's right to a full trial without their clear consent. Unless the Defendant themselves specifies such a plea the Court must go with a default plea of "Not Guilty" when the allotted time is past.
 

Deropia

Speaker
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No apologies necessary, Your Honour.

The Defence is ready to proceed.

@Bear, as your court-appointed counsel, I would request that you contact me at your earliest convenience. You can reach me via forum PM here, via Discord (Deropia#1337) or via TG on NationStates (Deropia.
 

Deropia

Speaker
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Your Honour,

After consultation with my Client, I have been instructed to enter a plea of Guilty in relation to the charge of Treason.

The Defence is ready to proceed to sentencing and will provide a recommendation as to sentence in due course.
 

Lord Lore

I'm anything you want me to be.
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The plea is noted. This trial now moves to sentencing. I am tentatively setting a sentencing period of 3 days. Starting 8:30pm UTC March 17, 2020 (3:30pm EST March 17, 2020) and will end at 8:30pm UTC March 20, 2020 (3:30pm EST March 17, 2020).
 
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Deropia

Speaker
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Sentencing Recommendation - Defence said:
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Your Honour,

The Defendant, Bear a.k.a. Slatos, has pled guilty to one count of treason as per Section 1.1 of the Criminal Code of The North Pacific.


Mitigating Factors
The Defence asks the Court to consider these mitigating factors:
  1. The Defendant has no previous criminal record in The North Pacific.
  2. The Defendant, as a new citizen, was not well versed in the laws of The North Pacific and was unaware that they were attacking a treaty ally of The Noth Pacific.
  3. The Defendant entered a guilty plea at the earliest possible juncture.

Statutory Law

The Legal Code of The North Pacific - Chapter 2 - The Penal Code - Clause 2 said:
2. Treason will be punished by ejection and banning, and removal of any basic rights for whatever duration the Court sees fit.

Case Law

A similar case that should be brought to the attention of the Court regarding sentencing the Defendant is the case of The North Pacific v Ikea Rike. In this case, the Defendant, IkeaRike, pled guilty to one count each of Treason, Gross Misconduct, and Espionage. Though the circumstances of regarding the count of treason are different, I believe this decision is relevant to the Court.

Sentencing Order of The Court of The North Pacific: The North Pacific v IkeaRike said:
Overall, this will mean a sentence as follows:
  • Ejection and Ban from the region for a period of 90 days, credit received for days banned, ending 18 April 2020;
  • Removal from any office the Defendant may hold;
  • Removal of citizenship;
  • Removal of the right to seek and hold citizenship for a period of 90 days, ending 13 May 2020;
  • Removal of the right to seek and hold government office, for a one year period after attaining citizenship or until 31 May 2022 whichever shall be sooner
  • Suspension of the right to vote, a 180 day period after attaining citizenship or until 29 August 2021 whichever shall be sooner
General Comments

The Defendant recognizes that they acted inappropriately in regards to their attempted raid on Stargate. The Defence recognizes that a period of ejection and banning is required following a conviction for treason. The Defence would ask that any sentence imposed be rehabilitative in nature as opposed to punitive.

While the Defence recognises that treason is one of the most heinous crimes one can be convicted of under the current Criminal Code, the Defendant bore no ill will towards The North Pacific during the execution of their attempted raid of Stargate, as this is the case we would ask that a sentence be imposed that would not unduly restrict my clients ability to participate in the community following the period of ejection.

Final Recommendation


With the presented statutory law, case law and mitigating circumstances, the Defence will recommend an overall sentence as follows:
  • Ejection and Banning for a period of 90 days.
  • Removal of Citizenship
  • Removal From Government Office
  • Restriction on applying for and gaining citizenship for a period of 90 days after returning to the region, or a fixed date not more than 100 days after the expiration of sentence.
  • Removal of the right to seek and hold government office, for a 180 day period after attaining citizenship.
  • Suspension of the right to vote, a 180 day period after attaining citizenship.

Thank you,

189


Deropia, Esq.

Speaker of the Regional Assembly
Criminal Defence Attorney
 
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