[GA, defeated] - Murderers get nothing

Murderers get nothing
Category: Regulation | Area of Effect: Legal Reform
Proposed by: Barfleur | Onsite Topic​

The World Assembly,

Reluctant to interfere with the legal systems of member nations when not necessary to secure a fundamental sapient right, but nonetheless

Of the mind that it is a manifest injustice for a sapient being who has unlawfully killed another sapient being to profit from such killing,

Hereby enacts as follows:

1. Definitions.
   In this Resolution:
   1. "person" means any sapient being and includes any sentient being or machine recognized by law as being a person,
   2. "murder" means the killing of a person, in violation of the law of the jurisdiction in which such killing took place, when the perpetrator acted with intent to kill the victim or a third party, and
   3. "court of competent jurisdiction" means the relevant court or tribunal of a member nation having jurisdiction over the crime.
   
   
2. Profit bar.
   Where a person stands convicted of murder (whether as a principal, accessory, or co-conspirator) and the conviction has become final on direct appeal or collateral review, the court of competent jurisdiction shall issue an order:
   1. forbidding the person to receive any money or any other thing of value, whether from inheritance, life insurance, as payment for a contract killing, or otherwise, as a direct result of the murder, and
   2. directing the person to disgorge, in a manner to be determined by the court of competent jurisdiction, any money or property so obtained.
   
   
3. Disposal of tainted assets.
   Money or property disgorged under section 2 shall be disposed of:
   1. by transferring or dividing the same as provided in the last will and testament of the deceased, in the case of money or property obtained by virtue of inheritance, except that no such money or property shall be transferred to a person convicted of the murder of the deceased,
   2. by transferring or dividing the same among dependents and named beneficiaries, in the case of money or property obtained by virtue of life insurance, excluding any person convicted of the murder of the deceased,
   3. by forfeiting the same to the state, in the case of money or property obtained as payment for a contract killing, and
   4. as provided by the law, in any other case.
   
   
4. Further provisions.
   Member nations are strongly encouraged, but not required, to enact legislation forbidding individuals convicted of murder to profit from the licensing of any first-person account of the commission of such murder.

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• Vote For if you want the Delegate to vote For the resolution.
• Vote Against if you want the Delegate to vote Against the resolution.
• Vote Abstain if you want the Delegate to abstain from voting on this resolution.
• Vote Present if you are personally abstaining from this vote.

Pallaith:

The title is a bit cute by half for me but the WA lacks much in the way of standards nowadays so why not.

For

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• Clause 3(b) does not define if the "beneficiaries" refer to the beneficiaries of the dead or beneficiaries of the murderer.
• Now say if person A is a son of person B, and person B murdered person C, who is person B's father, it's not clear if person A is disinherited as a result
• And as IA points out, if the above is correct, under 3(a), if person B is the murderer, and person C has no will, and if local laws go per stirpes, and say person C's children are B, X, Y, Z, the funds go to X, Y and Z rather than to B, so A is punished for something that was not A's fault.

Ansgard McCartnon:

The definion of "person" within section 1.a (especially "[...] or machine recognized by law as being a person") sounds rather strange to my ears.

Otherwise, despite maybe getting a bit away from the usual field of international law, the whole proposition does make sense.

For

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