Post by Ruclax on May 29, 2015 17:02:05 GMT
THE COMMONWEALTH PENAL CODES ACT
This shall create, codify and systemically categorize punitive measures that the Commonwealth Judiciary may execute and undertake on it's own jurisdiction.
Preamble on Major and Minor Sentences; Each crime shall carry with it a major sentence or a choice of major sentences, which serve as the sentence that shall and must be pronounced if found guilty and a minor sentence; which shall be any other form of punishment the judge deems necessary to have and that is allowed by this document. Also note that a judge must by this Law give the prescribed major sentence whereas the minor is only given if deemed needed. Note that when there are choices of Major Sentences only one of the Majors may be used.
Preamble
Seeing that the Definitions Act has already passed this Law shall be used parallel and using those meanings, however his law shall more clearly express the legal constraints. Keeping in mind that a crime is defined as any act, that violates the Constitution and law codes and in which that act may be prosecuted by the State or plaintiff for restitution and or punishment. A crime may be anything which directly violates the articles within the Constitution and the Laws within the Unified Law Code of the Commonwealth(Definitions Act)
Penal Clause One; Crimes that are considered civil(see Definitions Act) shall carry with it sentences and or orders which allow for restitution. Since civil offenses vary greatly in their individual severity there shall be a few set Major Sentences. The Major Sentences for such offenses shall be orders of protection, orders of silence, order of private and or public apology. The Minor Sentences shall be any type of order of injunction; note that an order of injunction is a general order in which the judge may compel a party or parties to refrain from doing certain acts or doing certain acts. Major and or Minor Sentences shall not include prison time, detainment and or anything to do with restrictions on citizenship.
Also note; If the guilty does not comply with their Major and or Minor Sentences; it shall be considered a Crime, and not longer a civil offense, and a judge may issue a warrant out for his or her arrest in which the guilty shall be detained for period of one day in the Corrections region to wait and see a judge for an Arraignment. The natural steps for trial shall then commence from there in criminal court. If a party who is not involved in the case but is issued a order and or injunction that has to do with the guilty's case and does not follow it they commit a civil crime in which a judge may issue a bench warrant in civil court to address to issue.
Penal Clause Two; Crimes considered criminal, which are all those not civil(see Definitions Act), shall carry with it The Major Sentences of limiting, retraining and or revoking the guilty's citizenship, or(may or may not) time in Prison; the minimum being four days and the maximum prison time to be one full seven day week. The Minor Sentences include the following;
All forms of orders which exist for civil crimes as well as any type of injunction which a judge feels needed to protect them public. Those injunctions may come in the form of orders of protection, retraining orders, orders of silence, order of subpoena to obtain information that could be used for harm
Also note that for a judge to sentence someone to more than one week it must be a capital crime or terrorism.
Penal Clause Three; Crimes are considered capital in two instances,(see Definitions Act). For the first instance, whereby the crime caused serious, psychological and or emotional pain, if found guilty the Major Sentence shall be PrisonTime; the minimum being three full seven day weeks and the maximum being one full month as well as a complete Revocation of Citizenship.(e.g. is someone is found guilty of this first instance capital crime then the easiest major sentence one would get is two weeks in prison and the revocation of citizenship, that's without a minor sentence)
The Minor Sentences shall include any order which may be used for lesser crimes as well as the use of Maximum Injunction; the Maximum Injunction being an order which encompasses every restraint possible on the guilty from doing, saying or being aware of anything in regards to the Commonwealth. For the second Instance of a capital crime, the guilty put the region in severe danger(See DefinitionsAct) The Major Sentence shall be Prison Time; the minimum being two full(7 day) weeks and the maximum being two weeks and three days, as well as Revocation of Citizenship. Minor Sentence shall also be the Maximum Injunction.
Penal Clause Four; Crimes considered Terrorism(See Definitions Act) shall carry with it the Major Sentence of Prison Time; the minimum being three full(7 day) weeks and the maximum being one full month, as well as revocation of citizenship. The Second Major Sentence, if warranted may be complete Dismissal from the Region(ban) The Minor Sentence is The Maximum Injunction or any other order saw fit.
Penal Clause Five; Crimes considered Treason(See Definitions Act) shall carry with it the Major Sentences of Prison Time; the minimum being one month and the maximum being two months. The Revocation of Citizenship shall be used as a Major Sentence if need be, depending on the circumstance. Another Major Sentence shall be Complete Dismissal from the Region(ban) either unconditional or conditional. The Minor Sentences shall also be used as need be. Whichever order deemed fit, however the use of the Maximum Injunction may be used.
Parole Clause; When a convict enters Prison or a state in which restrictions have been put on him or her as a result of their guilty verdict, over time they may, with their lawyer or themselves apply for parole. Parole for our purposes on this game shall mean that said person may do a specific thing that they have been ordered not to do because of good behavior or special circumstance. A convict may apply for parole after half of their Major Sentence has been completed. They may apply by submitting a formal and neat letter to the judge of their case, or an appeals judge, outlining why they deserve it and what they want to do with it. Note however that parole does not stop or exempt the person from the rest of their major sentence, it simply allows they to do a specific thing. If the letter is read and accepted the judge will issue a parole order and assigning him/her to a police officer or government official to look out him or her while on parole and to follow the instructions of the parole order.
Administrative Injustice Clause; Should a Judge or Justice be charged of a crime and be ordered to stand trial by the Chief Justice, then a normal trial shall commence. If the Justice, Judge is found guilty of a crime then the Major Sentence shall be the complete revocation of his or her judgeship, plus the proper Major and Minor Sentence for the crime convicted of.
Authored,
The Honorable Alexander J. Ruclax Jc.D.
Commonwealth of Free Nations Supreme Court
Endorsed,
Mr. Vista Major, MP
The Rt. Hon. Everstopia
Chancellor of the Commonwealth of Free Nations
Sir. Markotovia, Minister of Internal Affairs
Mr. New Southernlands, MP
Mr Cont. Commonwealths, MP
Sir. Coldr, Minister of Defense
Mr. Fibertas, MP
Sir. Sulania, Vice Chancellor of the Commonwealth of Free Nations
Sir. Jaslandia, Minister of Justice
Mr. Bearlong, MP
Denounced,