Rejection of Indictment
Reasons drafted by Zyvetskistaahn and joined by Lady Raven Wing and Wonderess.
Procedural Defect
The Court Rules and Procedures require that “All indictments [...] must be presented using an established template, if one exists.”
The request for indictment that has been filed does not meet that requirement. The template used is for a request for indictment and pre-trial ejection and/or ban, which is appropriate only for the Delegate, as only they are entitled to request pre-trial ejections and/or bans. The post containing the template makes clear it should only be used by the Delegate.
Further, the template, even if it had been appropriate, has not been properly completed, as the section for the complainants name has instead been completed with “went and made an alt and raided the region”.
Crime not known to Law
The indictment purports to charge Territorio di Nessuno with “rading a region”.
The Bill of Rights, in article 6, provides that “No Nation shall be held to answer for a crime in a manner not prescribed by the Constitution or the Legal Code.” The Legal Code, Chapter 1, clause 1 provides “No criminal case may be brought before the Court of the North Pacific against any resident for any crime not listed in the Criminal Code.”
“Rading a region” is not a crime listed in the Criminal Code, so the Court cannot accept the indictment, by reason of the above provisions.
Conclusion
For those reasons, the Court rejects the request for indictment filed by Rwekaza concerning Territorio di Nessuno. The request may be resubmitted only if significant changes have been made to address these reasons.
As is noted above, the filing also includes a request seeking approval of ban. That request is improper, as it may only be made by the Delegate, and is refused both for that reason and because the charges been rejected.
The Court notes that this is the second request for indictment filed over a short period by Rwekaza against Territorio di Nessuno, both being without merit. The Court would advise Rwekaza that, if they seek to file further requests, they check carefully to ensure they comply with the Court’s Rules and the law before doing so.
