Post by Admin on Oct 7, 2015 23:51:26 GMT
Allocating Precise Powers Enabling Appeals to Litigation Act*
Section I
Subsection I
Outlining the purpose of this Act
Subsection II
To create an avenue of appeal for convicted felons
Subsection III
Creates the court of appeal
Section II
Defining conviction
Subsection I
A convicted felon is hereby defined as an individual nation that has lost a court case, without mistrial, according to the COURT act
Subsection II
A convicted felon may also be defined by an individual nation who has lost a case prior to the COURT act
Section III
Creating an appeal process for a criminal pardon
Subsection I
The incumbent Attorney General is to create an application for appeal
Subsection II
The convicted felon is to fill out the application for appeal and send a copy to the incumbent Attorney General and the President
Subsection III
The Attorney General will then review the application and arrange a trial within 7 days proceeding the date of the application recieved
Section IV
Approving or denying appeals
Subsection I
After the trial has been arranged by the attorney general, the court case will proceed according to the COURT act sections II, III, and IV
Subsection II
If the convicted criminal is deemed not guilty all charges pending and settled are to be dropped
Section IV
Approving or denying appeals
Subsection I
After the appeal has been arranged by the Attorney-General, it will proceed to the Court of Appeal
Subsection II
The Board shall act as the region's Court of Appeal, and shall approve or deny an appeal by a convicted felon based on a unanimous or super-majority vote
Subsection III
The convicted felon will be represented either by themself, by a designated legal representative or by the People's Attorney
Subsection IV
The felon may appeal their sentence or their conviction
Section V
Presidential Pardon
Subsection I
Providing that the President finds the convicted felon innocent, the incumbent president may give a presidential pardon to the convicted felon
Subsection II
The Presidential Pardon will deem the convicted felon not guilty and all charges pending and settled are to be dropped
Subsection III
If the board or the house deems the presidential pardon unsatisfactory they may vote to lift the pardon
Subsection IV
The board or the house can only lift a presidential pardon within 3 days proceeding the pardon
Section VI
Removing Conviction
Subsection I
The Manager of Internal Affairs is to make a note of pardon on the public record of all trials, crimes and convicted offenders that the convicted felon was
deemed not guilty or pardoned, but not remove any information pertaining to the trials, crimes, or the convicted offenders
Section VII
Modifying the People's Attorney
Subsection I
The People's Attorney will continue to be appointed by the Founder or President, but shall not be chosen from the Board due to fears of a conflict of interest
Section VIII
Further improvements to the judicial system
Subsection I
Alterations to the structure of the judicial system may be passed by the Department of Justice
Subsection II
Such alterations may be repealed or rejected at any time by the Board with a super-majority vote
Authored by Muh Roads and signed into law by The Military Manager of Pevvania on the 22nd of June, 2014.
*Amendments to the APPEAL Act successfully cleared the Board and the House by a unanimous vote on the 10th of July, 2014. Sections added by the 'Pev Amendments' are highlighted in bold.
Section I
Subsection I
Outlining the purpose of this Act
Subsection II
To create an avenue of appeal for convicted felons
Subsection III
Creates the court of appeal
Section II
Defining conviction
Subsection I
A convicted felon is hereby defined as an individual nation that has lost a court case, without mistrial, according to the COURT act
Subsection II
A convicted felon may also be defined by an individual nation who has lost a case prior to the COURT act
Section III
Creating an appeal process for a criminal pardon
Subsection I
The incumbent Attorney General is to create an application for appeal
Subsection II
The convicted felon is to fill out the application for appeal and send a copy to the incumbent Attorney General and the President
Subsection III
The Attorney General will then review the application and arrange a trial within 7 days proceeding the date of the application recieved
Section IV
Approving or denying appeals
Subsection I
After the trial has been arranged by the attorney general, the court case will proceed according to the COURT act sections II, III, and IV
Subsection II
If the convicted criminal is deemed not guilty all charges pending and settled are to be dropped
Section IV
Approving or denying appeals
Subsection I
After the appeal has been arranged by the Attorney-General, it will proceed to the Court of Appeal
Subsection II
The Board shall act as the region's Court of Appeal, and shall approve or deny an appeal by a convicted felon based on a unanimous or super-majority vote
Subsection III
The convicted felon will be represented either by themself, by a designated legal representative or by the People's Attorney
Subsection IV
The felon may appeal their sentence or their conviction
Section V
Presidential Pardon
Subsection I
Providing that the President finds the convicted felon innocent, the incumbent president may give a presidential pardon to the convicted felon
Subsection II
The Presidential Pardon will deem the convicted felon not guilty and all charges pending and settled are to be dropped
Subsection III
If the board or the house deems the presidential pardon unsatisfactory they may vote to lift the pardon
Subsection IV
The board or the house can only lift a presidential pardon within 3 days proceeding the pardon
Section VI
Removing Conviction
Subsection I
The Manager of Internal Affairs is to make a note of pardon on the public record of all trials, crimes and convicted offenders that the convicted felon was
deemed not guilty or pardoned, but not remove any information pertaining to the trials, crimes, or the convicted offenders
Section VII
Modifying the People's Attorney
Subsection I
The People's Attorney will continue to be appointed by the Founder or President, but shall not be chosen from the Board due to fears of a conflict of interest
Section VIII
Further improvements to the judicial system
Subsection I
Alterations to the structure of the judicial system may be passed by the Department of Justice
Subsection II
Such alterations may be repealed or rejected at any time by the Board with a super-majority vote
Authored by Muh Roads and signed into law by The Military Manager of Pevvania on the 22nd of June, 2014.
*Amendments to the APPEAL Act successfully cleared the Board and the House by a unanimous vote on the 10th of July, 2014. Sections added by the 'Pev Amendments' are highlighted in bold.