[Passed] The Evidence Tampering Act (The E.T.A.)

Vivanco

Vivanco

Legal Nerd? Yeah, that's me
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After some personal thought, I have come to the conclusion that out Legal Code, to be precise, the Criminal Code, needs to have a little update when it comes to protecting the evidence with the punishment of tampering of it.
While it's true that it is currently regulated by Section 1.4 under the crime of "Perjury", I doubt this classification would be the adequate one.

In classical theory of law, perjury would only be the presentation of false testimony, and we have seen this in effect in already existing jurisprudence in our Court (see The North Pacific v. 9003) in effect of punishing the presentation of not a false testimony, but a defective and decieving one. That would end up in the theorical and traditional concept of Perjury. However, we have included in our Legal Code under this crime the crime of Evidence Tampering when describing the provision of false evidence with intention of decieve (mens rea).

I propose to divide this crime in the two natural crimes that it forms in order to provide a more clear and logical structure to our Criminal Code; Perjury by one side and Tampering with Evidence in other side.
To this, I would like to add the crime of actual destruction of evidence, as it can be the deletion of criminal posts, being probably proven to having been deleted by deposition of the administration of the forum.

Chapter 1 of the Legal Code is amended to read as follows:
Chapter 1: Criminal Code

1. 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.

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 Balder, Equilism, Europe, Europeia, Greater Dienstad, International Democratic Union, Lazarus, Osiris, Stargate, Taijitu, The East Pacific, the Rejected Realms, and the South Pacific.
5. The Speaker will update the preceding clause as appropriate.

Section 1.2: Espionage
6. "Espionage" is defined as sharing information with a group or region when that act of sharing has not been legitimately sanctioned by the entity the information is gathered from, as limited by this section.
7. The information shared must not be accessible to a person who is not a member of the region or group it is gathered from except by cracking technical security measures.
8. The information must be gathered from The North Pacific or a foreign power the Regional Assembly has ratified a treaty of alliance with.
9. The preceding clause also applies to foreign powers that the Regional Assembly has, by treaties other than alliances, agreed to prohibit espionage against.
10. The Regional Assembly has ratified treaties of alliance with Balder, Equilism, Europe, Europeia, Greater Dienstad, International Democratic Union, Stargate, Tajitu, The East Pacific, the Rejected Realms, and the South Pacific.
11. The Speaker will update the preceding clause as appropriate.

Section 1.3: Fraud
12. "Election fraud" is defined as the willful deception of residents with regards to the candidates running, the time and venue of the elections, or the requirements and methods by which one may be eligible to vote or run for office.
13. "Fraud" is defined as an intentional deception, by falsehood or omission, made for some benefit or to damage another individual.

Section 1.4: Perjury
14. "Perjury" is defined as the willful provision of deceptive testimony provided under oath and the provision of altered evidence with the intent to deceive in a criminal trial being heard by the Court of The North Pacific.

Section 1.5: Evidence Tampering
15. "Evidence Tampering" is defined as the willful manipulation or destruction in any way of evidence with the intent to deceive in a criminal trial being heard by the Court of The North Pacific

Section 1.6. Crashing, Phishing, or Spamming
15. "Crashing" is defined as any unauthorized action which could cause a forum to go out of service or lose information, including the deletion of posts, the deletion of a forum, spamming, or any other act of such kind.
16. "Phishing" is defined as any attempts to gain access to off-site property controls or passwords by deception, especially by posing as administrators or moderators for any unauthorized use.
17. Phishing also includes the collection of personal information kept at the Forum.
18. "Spamming" is defined as any action by non-region nationals to waste space or cause shock on any off-site property or regional message board to make it unusable.
19. Spamming includes any attempts to force a DOS error on forums and any attempts to flood the RMB of a region which is not that nation's normal abode.
20. No Nation of The North Pacific may perform, order, condone, or accept as legal, Crashing, Phishing, or Spamming.

Section 1.7: Proxying
21. "Proxying" is defined as use of a proxy server to render a forum user anonymous or any practice which allows a member multiple accounts.
22. Forum administrators will inform the Government and Court of Proxying they observe.

Section 1.8. Adspam
23. Recruitment for other regions on the Regional Message board may be regulated or prohibited by Delegate Decree.

Section 1.9. Conspiracy
24. "Conspiracy" is defined as planning, attempting, or helping to commit any crime under this criminal code.

Section 1.10. Gross Misconduct
25. "Gross Misconduct" is defined as the violation of an individual's legally mandated sworn oath, either willfully or through negligence.

Section 1.11. Exceptions
26. Exceptions for treason, espionage or proxying may be given to members of the military and intelligence services with the consent of the Delegate and the appropriate Minister when on officially sanctioned missions for the purposes of preserving regional security.
Click to expand...

Chapter 2 of the Legal Code is amended to read as follows:
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.
3. Espionage will be punished by the suspension of speech and/or voting rights for whatever finite duration the Court sees fit.
4. Perjury may be punished by the suspension of voting rights, restriction on standing for election, and/or restriction on serving as a government official for whatever finite duration the Court sees fit.
5. Evidence Tampering may be punished by the removal from office, suspension of voting rights, and/or restriction on standing for election for whatever finite duration the Court sees fit.
6. Crashing, Phishing, or Spamming may be punished by ejection and banning, the removal of any and all basic rights for whatever duration the Court sees fit, and/or banning by forum administration.
7. Proxying may be punished by ejection and banning, the removal of any basic rights for whatever duration the Court sees fit, and/or banning by forum administration.
8. Adspam prohibited by the Delegate may be punished by adspam suppression and summary ejection and/or banning from the region.
9. Conspiracy will be punished by a sentence strictly less than what would be appropriate for the original crime.
10. Gross Misconduct will be punished by removal from office and the suspension of voting rights for whatever finite duration the Court sees fit.
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"Evidence Tampering" is defined as the willfull manipulation or destruction in any way of evidence with the intent to deceive in a criminal trial being heard by the Court of The North Pacific.

Grammatical errors fixed, all else is good.
 
Syrixia:
"Evidence Tampering" is defined as the willfull manipulation or destruction in any way of evidence with the intent to deceive in a criminal trial being heard by the Court of The North Pacific.

Grammatical errors fixed, all else is good.
Click to expand...
If we're nitpicking, then "willfull" also needs changed to "willful"

I do think it would be advisable to put this bill in the correct TNP legalese format, like... Chapter 1 of the Legal Code is amended to read as follows:, Chapter 2 of the Legal Code is amended to read as follows, etc., etc.

Otherwise, it's quite a simple and straightforward change. I like it.
 
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Sil Dorsett:
If we're nitpicking, then "willfull" also needs changed to "willful"

I do think it would be advisable to put this bill in the correct TNP legalese format, like... Chapter 1 of the Legal Code is amended to read as follows:, Chapter 2 of the Legal Code is amended to read as follows, etc., etc.

Otherwise, it's quite a simple and straightforward change. I like it.
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Crap I missed it LOL. Thanks
 
Syrixia:
"Evidence Tampering" is defined as the willfull manipulation or destruction in any way of evidence with the intent to deceive in a criminal trial being heard by the Court of The North Pacific.

Grammatical errors fixed, all else is good.
Click to expand...
Thanks! Fixed!
Sil Dorsett:
If we're nitpicking, then "willfull" also needs changed to "willful"

I do think it would be advisable to put this bill in the correct TNP legalese format, like... Chapter 1 of the Legal Code is amended to read as follows:, Chapter 2 of the Legal Code is amended to read as follows, etc., etc.

Otherwise, it's quite a simple and straightforward change. I like it.
Click to expand...
Fixed in that aspect as well!
 
If you do take my suggestion, you have to include the entire Chapter with your changes. As it stands now, you're deleting a lot of the sections in those chapters.
 
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Sil Dorsett:
If you do take my suggestion, you have to include the entire Chapter with your changes. As it stands now, you're deleting a lot of the chapters.
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Oh! Thanks or reminding me :P
 
Seeing the overall support, let's give this a try.

I motion this to a vote!
 
Dreadton:
I motion for an immediate vote.
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I don't see why not, no complains were made of the Act and it has enough support, I think. So, let's give this a try as well.

I motion for an immediate schedule of a vote, with the base in Section 4 of the Legislative Proposal Procedure in the Standing Procedures!
 
Vivanco:
I motion for an immediate schedule of a vote, with the base in Section 4 of the Legislative Proposal Procedure in the Standing Procedures!
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The request to shorten the Formal Debate (to end with the posting of this message) has been noted. However, per the same procedure, a vote can only begin two days hence, so I will schedule the vote to start at (time=1636298400) (your forum time). Unless I missed something else that can overwrite this. Anyways, I will probably consider changing the Standing Procedure to remove this 2 days gap.
 
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