Post by Admin on Oct 7, 2015 23:52:23 GMT
The COURT Act
Codifying Overt Utilities of Regional Tribunals Act
Section I
Purpose of the act
To clearly define the powers of the Attorney-General and the region's court system.
Section II
The High Court
The Libertatem judicial system is to be composed of a single court: the High Court.
The High Court shall address criminal matters as defined by legislation.
Court cases shall be addressed by a judge, a citizen who shall be appointed by the Chairman of the Board, and a jury of 6 citizens that is to be randomly selected via number assignment.
The list of jurors, once selected, will be shown to each legal team. If either legal team feels that the jury is misrepresentative or otherwise inappropriate, they have the right to exercise veto power, in which a new bar of jurors may be called to service, also by random number assignment.
Veto power may be exercised by either team a maximum of once.
Jury service is completely non-compulsory.
The jury and judge shall preside over the arguments of both legal teams, and when these are concluded, the former shall decide whether the defendant is guilty or not guilty, and the latter shall decide what sentence the defendant shall receive if they are guilty.
Section III
Stucture of court cases
In each criminal court case, which will be openly presented on the RMB, there will be two legal teams: the defense and the prosecution.
The defendant shall be represented by a legal defense of his or her choice, which includes whether they wish to defend themselves.
The defendant has the right not to attend their trial, in which case they would be tried in absentia.
The prosecution will be composed of the nation pressing charges against the defendant, or anyone else they delegate this authority to.
The prosecution may drop their charges against the defendant at any time, at which point the court case will end.
A court case begins with each legal team presenting their opening statement, after which each will take turns to demonstrate their arguments, which will end with a closing statement.
The jury must remain silent concerning the case in its duration, and no juror shall offer no opinions in relation to it while they are serving.
Once the closing statements have been presented, the jury shall then deliberate in private and consider the arguments in deciding whether the defendant is guilty or not guilty.
A unanimous result must be achieved, but the judge may accept a 5-1 ruling otherwise.
If the defendant is guilty, the judge may choose the sentence, which is to be enforced by the President.
Section IV
In the event of a mistrial
If it is found at any point that the jury, judge or any other party involved has acted fraudulently or in an otherwise grossly inappropriate manner detrimental to the fair execution of the trial, the Board may declare it a mistrial by a simple majority vote.
In the event of a mistrial, the original verdict is to be reversed and a new trial will be held, with a new jury and a new judge.
The verdict in the newest trial will be binding.
A mistrial may be called a maximum of twice, meaning that no more than three trials may take place before an ultimate binding verdict is reached.
Section V
In occasions when regional security is threatened
In the case of invasion or other instance when regional security is under imminent threat, the President may be granted executive power to defend against attack, and may use any tools at his or her disposal to do so.
Non-imminent security threats can be ejected via majority Board vote and Presidential approval.
Section VI
Other powers
The President may be granted the power by this Act to create a civil court for the region, should the need arise.
The President may be granted the power to compile a list of criminal offences. The Board may challenge any one of these offences with a super-majority vote.
The President may be granted the power to pardon any convicted offenders, and the power to rescind a pardon.
The Manager of Internal Affairs must keep a public record of all trials, crimes and convicted offenders.
Authored and signed by The Military Manager of Pevvania.
Codifying Overt Utilities of Regional Tribunals Act
Section I
Purpose of the act
To clearly define the powers of the Attorney-General and the region's court system.
Section II
The High Court
The Libertatem judicial system is to be composed of a single court: the High Court.
The High Court shall address criminal matters as defined by legislation.
Court cases shall be addressed by a judge, a citizen who shall be appointed by the Chairman of the Board, and a jury of 6 citizens that is to be randomly selected via number assignment.
The list of jurors, once selected, will be shown to each legal team. If either legal team feels that the jury is misrepresentative or otherwise inappropriate, they have the right to exercise veto power, in which a new bar of jurors may be called to service, also by random number assignment.
Veto power may be exercised by either team a maximum of once.
Jury service is completely non-compulsory.
The jury and judge shall preside over the arguments of both legal teams, and when these are concluded, the former shall decide whether the defendant is guilty or not guilty, and the latter shall decide what sentence the defendant shall receive if they are guilty.
Section III
Stucture of court cases
In each criminal court case, which will be openly presented on the RMB, there will be two legal teams: the defense and the prosecution.
The defendant shall be represented by a legal defense of his or her choice, which includes whether they wish to defend themselves.
The defendant has the right not to attend their trial, in which case they would be tried in absentia.
The prosecution will be composed of the nation pressing charges against the defendant, or anyone else they delegate this authority to.
The prosecution may drop their charges against the defendant at any time, at which point the court case will end.
A court case begins with each legal team presenting their opening statement, after which each will take turns to demonstrate their arguments, which will end with a closing statement.
The jury must remain silent concerning the case in its duration, and no juror shall offer no opinions in relation to it while they are serving.
Once the closing statements have been presented, the jury shall then deliberate in private and consider the arguments in deciding whether the defendant is guilty or not guilty.
A unanimous result must be achieved, but the judge may accept a 5-1 ruling otherwise.
If the defendant is guilty, the judge may choose the sentence, which is to be enforced by the President.
Section IV
In the event of a mistrial
If it is found at any point that the jury, judge or any other party involved has acted fraudulently or in an otherwise grossly inappropriate manner detrimental to the fair execution of the trial, the Board may declare it a mistrial by a simple majority vote.
In the event of a mistrial, the original verdict is to be reversed and a new trial will be held, with a new jury and a new judge.
The verdict in the newest trial will be binding.
A mistrial may be called a maximum of twice, meaning that no more than three trials may take place before an ultimate binding verdict is reached.
Section V
In occasions when regional security is threatened
In the case of invasion or other instance when regional security is under imminent threat, the President may be granted executive power to defend against attack, and may use any tools at his or her disposal to do so.
Non-imminent security threats can be ejected via majority Board vote and Presidential approval.
Section VI
Other powers
The President may be granted the power by this Act to create a civil court for the region, should the need arise.
The President may be granted the power to compile a list of criminal offences. The Board may challenge any one of these offences with a super-majority vote.
The President may be granted the power to pardon any convicted offenders, and the power to rescind a pardon.
The Manager of Internal Affairs must keep a public record of all trials, crimes and convicted offenders.
Authored and signed by The Military Manager of Pevvania.