Amendment to Section 3.3 of the Legal Code

St George

St George

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Section 3.3. of the Legal Code shall be amended as follows:
Section 3.3: Criminal Trial Procedure
11. A standard procedure for all criminal trials will be established by majority agreement of the Court.
12. Any person may present criminal charges to the Court. If the charges are accepted, the Delegate will appoint a prosecutor to manage the prosecution of the case. If the Delegate is the accused or unavailable, the next available person in the Line of Succession will appoint a prosecutor to manage prosecution of the case.
13. At any point prior to a plea being entered, the complainant may apply to the Court to withdraw the charges.
14. Any citizen may be appointed as a prosecutor. Citizens will be exempt from constitutional restrictions on holding multiple government offices for purposes of their appointment as a prosecutor.
15. The designated prosecutor will be confirmed by a majority vote of the Regional Assembly. The Delegate and other officials who may have appointed a prosecutor do not have the power to remove a prosecutor.
16. In the event the Regional Assembly is unable to confirm a prosecutor within 30 days of the acceptance of charges, the Delegate, or next available person in the Line of Succession if necessary, will appoint a prosecutor to manage the prosecution of the case with the agreement of the Speaker.
17. No one may prosecute or appoint prosecutors to a case in which they are the defendant or part of the defense.
18. If the original prosecutor is unable to see a case to completion, another prosecutor will be selected by the same procedure as the original prosecutor.
19. If the prosecutor discontinues management of the prosecution of a criminal case, then the complainant may, at their discretion, manage themselves the prosecution of the criminal case. Otherwise, they may withdraw the complaint.
20. If the complainant has not stated their intent to either manage the prosecution of the case or withdraw the complaint within 14 days of the prosecutor declining the case, the complaint will be considered withdrawn.
21. For the purposes of this section, "managing the prosecution of a case" includes but is not limited to:
  • acting as the prosecutor for the duration of all stages of the criminal trial heard for the case;
  • and representing the prosecution in any separate judicial review hearings arising from the criminal trial.
22. When the management of the prosecution of a case is completed, all records associated with that prosecution will be transferred to the Court.
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Section 3.3: Criminal Trial Procedure
11. A standard procedure for all criminal trials will be established by majority agreement of the Court.
12. Any person may present criminal charges to the Court. If the charges are accepted, the Delegate will appoint a prosecutor to manage the prosecution of the case. If the Delegate is the accused or unavailable, the next available person in the Line of Succession will appoint a prosecutor to manage prosecution of the case.
13. At any point prior to a verdict being handed down plea being entered, the complainant may apply to the Court to withdraw the charges.
14. Any citizen may be appointed as a prosecutor. Citizens will be exempt from constitutional restrictions on holding multiple government offices for purposes of their appointment as a prosecutor.
15. The designated prosecutor will be confirmed by a majority vote of the Regional Assembly. The Delegate and other officials who may have appointed a prosecutor do not have the power to remove a prosecutor.
16. In the event the Regional Assembly is unable to confirm a prosecutor within 30 days of the acceptance of charges, the Delegate, or next available person in the Line of Succession if necessary, will appoint a prosecutor to manage the prosecution of the case with the agreement of the Speaker.
17. No one may prosecute or appoint prosecutors to a case in which they are the defendant or part of the defense.
18. If the original prosecutor is unable to see a case to completion, another prosecutor will be selected by the same procedure as the original prosecutor.
19. If the prosecutor discontinues management of the prosecution of a criminal case, then the complainant may, at their discretion, manage themselves the prosecution of the criminal case. Otherwise, they may withdraw the complaint.
20. If the complainant has not stated their intent to either manage the prosecution of the case or withdraw the complaint within 14 days of the prosecutor declining the case, the complaint will be considered withdrawn.
21. For the purposes of this section, "managing the prosecution of a case" includes but is not limited to:
  • acting as the prosecutor for the duration of all stages of the criminal trial heard for the case;
  • and representing the prosecution in any separate judicial review hearings arising from the criminal trial.
22. When the management of the prosecution of a case is completed, all records associated with that prosecution will be transferred to the Court.
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This change is intended to rectify situations like those that have arisen with Pigeonstan's trial - where the complainants wish to withdraw the charges but cannot, due to how the law is currently written. Happy to hear revisions/comments/questions - and we may need to consider what happens when there may be multiple complainants and only one wishes to withdraw charges.
 
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I would suggest changing 13. to "up till a plea is entered."
 
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What are the ramifications of "can apply"? Are we wanting the Court to be able to turn down the request?
 
Praetor:
What are the ramifications of "can apply"? Are we wanting the Court to be able to turn down the request?
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That would be the intention - to allow the Court to deny the application to withdraw, on public interest grounds.
 
My only issue is that I don't want to be used as some coercive tool. If someone brings before the court a grievance, then it is a serious thing. I want to discourage the use of the Court's time as a means to get someone to apologize or something of that note because it diminishes the weight of a criminal charge before the Court.
 
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