Post by Mons Igneus on May 8, 2015 22:36:14 GMT
For the first charge of Violations of the Communications Code, I find Unfallious not guilty. This decision is derived from the fact that, although Unfallious certainly has ran along the edge of this law, and his statements would have been in definite violation of article B of this charge, Vladovaskia did not seem to honestly be personally insulted, as the law intends, nor did he respond with a proper complaint, claiming the offense as one who would have been offended. Therefore, I provide Unfallious to be not guilty of this charge, as he did not truly offend an individual, yet I informally recommend he keep check of himself throughout future debates.
For the second charge of Suspected Citizenship and Voter Fraud, I find Unfallious not guilty. The Prosecution indeed made it clear that they, for some reason, SUSPECTED Unfallious of partaking in such an activity, but suspicion does not determine guilt. To convict Unfallious of fraud without any evidence that fraud was even committed in the first place, much less committed by Unfallious, would be completely absurd. While the puppet nations in question were extremely suspicious, nothing points to Unfallious as the culprit. With the lack of even a shred of solid evidence, I must find Unfallious not guilty.
For the third charge Hostile Takeover of the NGA, I find Unfallious guilty. The NGA Decommission Act clearly protects the NGA as a museum region to be administered solely by the hands of the Lord-Chancellor, or another elected individual, by Parliament's will. Unfallious therefore broke this law by illegitimately seizing and maintaining the executive Founder position within the region, then proceeding to label the region a "socialist utopia," destroying the museum that was the Next Generation Alliance.
And for the final charge of Suspicion of Treason against the CFN, I find Unfallious guilty of treason from numerous cases. Unfallious has threatening political rigging of his own party members, as AOS accounts, forcing certain votes, dismantling the very democracy that the CFN stands for within the entirety of the Opening Clauses, Article 6, and Article 9, particularly Section II, of the Constitution. Unfallious’ deeds continued to form the basis for his disrespect and disregard for the law of the CFN when he blatantly attacked and seized the sovereign territory of the CFN, as noted by the Prosecution (if he had merely seized the NGA, I would not consider this treason, yet he openly defamed and went beyond that to a premeditated level, of which I do), culminating into a level of treason that is very concerning. To reiterate in simplicity, Unfallious is guilty of treason against the Commonwealth.
As a final note, and not part of the official ruling, I would like to point out to Unfallious that many of the actions which constitute the charge of treason edge dangerously close to the realm of terrorism. With this in mind, Unfallious has not been charged with terrorism, but treason, and therefore the court and its affiliates cannot and do not wish to punish him for more than treason, yet terrorism yields a punishment held by the executive cabinet, to which they may carry out, if they so wish, should Unfallious commit further transgressions which would signal a repetitive trend towards violent and dangerous illegal activity.
The punishments for Unfallious, for the crimes he has been convicted of shall follow as he:
•must immediately issue a public apology to all within the Commonwealth for his deeds against their security
•must immediately return the NGA region to its rightful handler by Parliament, the Lord-Chancellor, allowing the Lord-Chancellor to reassume executive Founder position without problem
•must immediately relinquish all association to political parties, continuing to remain independent of party politics or intervention for the period of mandatory isolation during jail time plus 60-days
•must report to the Division of Corrections (http://www.nationstates.net/region=commonwealth_division_of_corrections) within 5 days to begin a 40-day jail sentence
•must stay clear of any illegal actions for 120-days, jail time included
•must keep WA in plain sight of the MoI and Chancellor for 130-days, notifying both officials if or when WA status is moved to another account. WA status must be endowed on one of his nations at all times, he must not resign from the WA completely. In addition, his WA nation must remain in the designated detention region for the duration of his 40-day jail sentence.
●Any failure to achieve these reparations and punishments found by a judge will result in a 4-month ban from all Commonwealth regions, followed by the exact layout of punishments with all time lengths reduced by 30%
Mr Unfallious, and Mr Chancellor, it has been an honor to preside over this case. I think all parties involved in this case have something that they can learn from this experience. To the defendant: we all have times when we make poor judgement, but it is important whenever making decisions to first reflect on how our choices will affect others. To the prosecution: perceiving a wrongdoing is not the same as determining guilt for said wrongdoing. In order to convict someone of a crime, it is necessary to prove that a law, as written, was broken. Black and white text in the law books is what ultimately decides a court case, not moral arguments or suspicion alone. And to myself and my fellow members of the judicial branch: this case demonstrated that our judicial system is woefully slow. In order for the rights of our citizens to be more effectively protected, we must implement new policies that ensure regular participation and punctual attendance of all court dates, as well as making scheduling court dates in the most efficient way possible. Thank you everyone for helping facilitate the presence of justice in this region. Commonwealth V. Unfallious is officially adjourned.
For the second charge of Suspected Citizenship and Voter Fraud, I find Unfallious not guilty. The Prosecution indeed made it clear that they, for some reason, SUSPECTED Unfallious of partaking in such an activity, but suspicion does not determine guilt. To convict Unfallious of fraud without any evidence that fraud was even committed in the first place, much less committed by Unfallious, would be completely absurd. While the puppet nations in question were extremely suspicious, nothing points to Unfallious as the culprit. With the lack of even a shred of solid evidence, I must find Unfallious not guilty.
For the third charge Hostile Takeover of the NGA, I find Unfallious guilty. The NGA Decommission Act clearly protects the NGA as a museum region to be administered solely by the hands of the Lord-Chancellor, or another elected individual, by Parliament's will. Unfallious therefore broke this law by illegitimately seizing and maintaining the executive Founder position within the region, then proceeding to label the region a "socialist utopia," destroying the museum that was the Next Generation Alliance.
And for the final charge of Suspicion of Treason against the CFN, I find Unfallious guilty of treason from numerous cases. Unfallious has threatening political rigging of his own party members, as AOS accounts, forcing certain votes, dismantling the very democracy that the CFN stands for within the entirety of the Opening Clauses, Article 6, and Article 9, particularly Section II, of the Constitution. Unfallious’ deeds continued to form the basis for his disrespect and disregard for the law of the CFN when he blatantly attacked and seized the sovereign territory of the CFN, as noted by the Prosecution (if he had merely seized the NGA, I would not consider this treason, yet he openly defamed and went beyond that to a premeditated level, of which I do), culminating into a level of treason that is very concerning. To reiterate in simplicity, Unfallious is guilty of treason against the Commonwealth.
As a final note, and not part of the official ruling, I would like to point out to Unfallious that many of the actions which constitute the charge of treason edge dangerously close to the realm of terrorism. With this in mind, Unfallious has not been charged with terrorism, but treason, and therefore the court and its affiliates cannot and do not wish to punish him for more than treason, yet terrorism yields a punishment held by the executive cabinet, to which they may carry out, if they so wish, should Unfallious commit further transgressions which would signal a repetitive trend towards violent and dangerous illegal activity.
The punishments for Unfallious, for the crimes he has been convicted of shall follow as he:
•must immediately issue a public apology to all within the Commonwealth for his deeds against their security
•must immediately return the NGA region to its rightful handler by Parliament, the Lord-Chancellor, allowing the Lord-Chancellor to reassume executive Founder position without problem
•must immediately relinquish all association to political parties, continuing to remain independent of party politics or intervention for the period of mandatory isolation during jail time plus 60-days
•must report to the Division of Corrections (http://www.nationstates.net/region=commonwealth_division_of_corrections) within 5 days to begin a 40-day jail sentence
•must stay clear of any illegal actions for 120-days, jail time included
•must keep WA in plain sight of the MoI and Chancellor for 130-days, notifying both officials if or when WA status is moved to another account. WA status must be endowed on one of his nations at all times, he must not resign from the WA completely. In addition, his WA nation must remain in the designated detention region for the duration of his 40-day jail sentence.
●Any failure to achieve these reparations and punishments found by a judge will result in a 4-month ban from all Commonwealth regions, followed by the exact layout of punishments with all time lengths reduced by 30%
Mr Unfallious, and Mr Chancellor, it has been an honor to preside over this case. I think all parties involved in this case have something that they can learn from this experience. To the defendant: we all have times when we make poor judgement, but it is important whenever making decisions to first reflect on how our choices will affect others. To the prosecution: perceiving a wrongdoing is not the same as determining guilt for said wrongdoing. In order to convict someone of a crime, it is necessary to prove that a law, as written, was broken. Black and white text in the law books is what ultimately decides a court case, not moral arguments or suspicion alone. And to myself and my fellow members of the judicial branch: this case demonstrated that our judicial system is woefully slow. In order for the rights of our citizens to be more effectively protected, we must implement new policies that ensure regular participation and punctual attendance of all court dates, as well as making scheduling court dates in the most efficient way possible. Thank you everyone for helping facilitate the presence of justice in this region. Commonwealth V. Unfallious is officially adjourned.