Section 3.3 of the Legal Code of the North Pacific shall be amended as follows:
The remaining sections of Chapter 3 of the legal code shall be renumbered in numeric order to reflect the changes above.
When this bill is enacted the changes shall take effect immediately.
Changes:
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. Any person who presents criminal charges to the Court may withdraw these charges at any time except under the following circumstances:
- The Court has reached a verdict
- The defendant has plead guilty to any charges
- Someone has filed a request for review pertaining to the case
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. If the Speaker is the defense or the accused, the Deputy Speaker with the longest continuing period of citizenship who is not the defense or the accused shall act as the Speaker for this purpose.
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 or request that a new prosecutor be appointed, in which case another prosecutor must be selected through the same procedure as the original prosecutor.
20. If the complainant has not stated their intent to either manage the prosecution of the case, request a new prosecutor, or withdraw the complaint within 14 days of the prosecutor declining the case, the case shall be considered dismissed.
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;
- 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.
Section 3.3 of the Legal Code of the North Pacific 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. Any person who presents criminal charges to the court may withdraw these charges at any time except under the following circumstances:
- The Court has reached a verdict
- The defendant has plead guilty to any charges
- Someone has filed a request for review pertaining to the case
13.14 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.
14.15. 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.
15.16. 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. If the Speaker is the defense or the accused, the Deputy Speaker with the longest continuing period of citizenship who is not the defense or the accused shall act as the Speaker for this purpose.
16.17. No one may prosecute or appoint prosecutors to a case in which they are the defendant or part of the defense.
17.18. 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.
18.19. 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 or request that a new prosecutor be appointed, in which case one must be selected through the same procedure as the original prosecutor.
19.20. If the complainant has not stated their intent to either manage the prosecution of the case, request a new prosecutor, or withdraw the complaint within 14 days of the prosecutor declining the case, the complaint shall be considered withdrawn.
20.21. For the purposes of this section, "managing the prosecution of a case" includes but is not limited to:
andActing as the prosecutor for the duration of all stages of the criminal trial heard for the case;
andRepresenting the prosecution in any separate judicial review hearings arising from the criminal trial.
21.22. When the management of the prosecution of a case is completed, all records associated with that prosecution will be transferred to the Court.
The remaining sections of Chapter 3 of the legal code shall be renumbered in numeric order to reflect the changes above.
When this bill is enacted the changes shall take effect immediately.
Changes:
- If the prosecution discontinues a case, it would become possible to get a new prosecutor appointed.
- If the RA can’t confirm a prosecutor and the Speaker has a conflict of interest, the Speaker no longer has to confirm the prosecutor. A deputy Speaker does.
- It's now easier to drop charges.
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