The North Pacific v. Slatos

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Just a Lore

Just a Lore

Eldritch Horror that Plagues Eras Cartography
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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.

Dinoium:
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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.
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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/20200211...age=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
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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 February 17, 2020 til February 22, 2020.
 
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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.
 
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.
 
@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.
 
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.
 
Deropia:
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.
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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.
 
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.
 
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.
 
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).

Edit: My Mistake. It was supposed to say, 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 20, 2020). Has been extended to 8:30pm UTC March 22, 2020 (3:30pm UTC March 22, 2020) due to this error.
 
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Sentencing Recommendation - Defence:
188
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:
2. Treason will be punished by ejection and banning, and removal of any basic rights for whatever duration the Court sees fit.
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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:
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
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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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Wow I didn't notice that I messed up the sentencing phase post and OP accidentally referencing March instead of February. My bad on that. To set it right, sentencing shall end tomorrow. February 22, 2020 8:30pm UTC (3:30pm EST).
 
Sentencing Recommendation - Prosecution:
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OFFICE OF THE ATTORNEY GENERAL​

Your honour; we, the prosecution, submit the following sentencing recommendation for the case of The North Pacific v. Slatos / Bear.
The defendant is being charged with the following crime as listed in the Legal Code:
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.
Click to expand...
The defendant, in accordance with the Legal Code, can be punished with the following:
2. Treason will be punished by ejection and banning, and removal of any basic rights for whatever duration the Court sees fit.
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Mitigating Factors:
The defendant was a somehow active member of the region, and had a keen interest in how the region worked in order to make a suitable example for his own region. They have claimed that they had no idea of the status of Stargate as ally to the region, nor that it would be against the rules to act in such way, but they could have easily gotten such doubts sorted if they had a quick look at our laws, since he does have the capacity and ability to check on such laws, and the ignorance of the law does not absolve of their punishment.

Case Law:
Within the case of TNP v. MadJack, we find not a similar case, but a curious example. One of the charges for MadJack was the same than our defendant, Treason, although the situation was not the same. It wasn't the same intention, nor the same goal, but there was an active action that struck against the very region of our own, while in that case was the trade of information for aid to get into the delegacy, in this case was an attack against a treatied ally, such as is Stargate.

General Comments:
Not only has the defendant actively attacked one of our allies, your honour, but they have actively claimed our region as one of the most toxic in the whole NationStates, badmouthed our members and made a joke of the Court by refusing to take part on it at first. However, we must admit that the defendant has, indeed, admitted the gross nature of the attack on our allies. Of course, the sentence ought to be rehabilitative for that is the goal of any sentence, a rehabilitation. However, there must be a punishment for the act, for that is the source of the penal law itself, the penalty, the punishment.

Final Recommendation:
With the presented precedence, mitigating factors, and comments, the Attorney General’s Office argues for the following:
  • Ejection and Banning for a period of 180 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 obtaining citizenship.
  • Suspension of the right to vote, a 180 day period after obtaining citizenship.
Thank you for your time, your Honour.

Pedro Ramón "Vivanco" Vivanco Mata
Attorney General to The North Pacific
Representative of The North Pacific in 'The North Pacific v. Slatos'
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Your honour, I have made an error in my redaction of the sentencing recommendation. I claimed that they were charged for Treason when, in fact, it was Conspiration to Commit Treason. I hope that isn't of trouble.
 
Vivanco:
Your honour, I have made an error in my redaction of the sentencing recommendation. I claimed that they were charged for Treason when, in fact, it was Conspiration to Commit Treason. I hope that isn't of trouble.
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By they I mean in the argument made in Case Law about TNP V. MadJack
 
About the "bad mouthed" members part.

I think that is absolutely ridiculous, as I said some things in retaliation to what they said of me. Why is suddenlty when I say something crude, it's a crime, but as thy o it, it's simple banter
 
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Sentencing Order of the Court of the North Pacific
In the case of The North Pacific v. Slatos

Order drafted by Lord Lore and Zyvetskistaahn, joined by Lady Raven Wing​

The Court took into consideration the relevant clauses of the Legal Code:

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.
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.

Chapter 2: Penal Code
1. Criminal acts may be punished by restrictions on basic rights, in a manner proportionate to the crime at the discretion of the Court unless specified in this chapter.
2. Treason will be punished by ejection and banning, and removal of any basic rights for whatever duration the Court sees fit.

The Court took into consideration the sentencing recommendation by the prosecution:

https://forum.thenorthpacific.org/topic/9191772/post-10303562


The Court took into consideration the sentencing recommendation by the defense:

https://forum.thenorthpacific.org/topic/9191772/post-10303725


And at the request of the Prosecution and Defense we took further into consideration the precedent set by the sentencing of Ikea Rike and Madjack.

Trial of Ikea Rike

Trial of Madjack

After careful consideration the Court under guidance of Chapter 2, Clauses 1 & 2 sees fit that the Defendant, Slatos, be sentenced with:
  • Ejection and Banning for a period of 90 days, ending on 26 May, 2020;
  • Removal of Citizenship;
  • Removal of the right to seek and hold citizenship for a period of 90 days after the banning period, ending on 24 August, 2020;
  • Removal of the right to seek and hold government office for a period of 180 days after gaining citizenship, or until 31 August 2021 whichever shall be sooner;
  • Suspension of the right to vote for a period of 180 days after gaining citizenship, or until 31 August 2021 whichever shall be sooner.
The Court has considered the recommendations of the prosecution and the defence and has concluded that the case of The North Pacific v. Ikea Rike has the greatest similarity to this case. They relate to the same crime and in neither case did harm result.

However, unlike in that case, the Court has seen no evidence that this Defendant joined The North Pacific with the malicious intent to commit the crime nor any suggesting any longer term commission of the crime. The Defendant does benefit from an early guilty plea but there is no comparable demonstration of remorse and the Court is not satisfied that the Defendant is remorseful.

Balancing those points, the Court considers that a comparable sentence to the Treason sentencing in The North Pacific v. Ikea Rike is appropriate.

The Delegate, the Speaker of the Regional Assembly, and the North Pacific Election Commission will be informed of this verdict and instructed to make appropriate requests of forum administration.

This decision will stand unless overturned by an appeal. The Court hereby closes the case of The North Pacific v Slatos.
 
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Bear:
Isnt my ban over?
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The duration of your sentence is expressed in the order of the Court, including the dates on which the bans from the region and from obtaining citizenship end. This case is closed and posts in this thread should not be made, so I will lock it.
 
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