Post by Admin on Jan 21, 2015 22:01:01 GMT
(Originally posted by FatherAlex)
Legal Solidification of the CFN Detention Center or the LSDC
Pointing Out that under Law # 18 creates a CFN State Police Department.
Further Adding that the CFN State Police Department, as well as authorized persons, need a space to place criminals
Also expanding that the Judicial Branch would function better legally and be able to reconcile legal powers better with a place for criminals
Making Know that a creation of a Detention Center would make the process of justice easier and legally balanced
Noticing that the CFN State Police Department under the Minister of Justice as already such a region
Wishes to Solidify this Detention Center into Law
Also bringing to light that due to this system the ban, eject and ban-eject powers must be re-defined in regards to the Prison system
The Prison/Dentition Center Uses
Section I.
Situation A) When a law is broken or thought to be broken, there is a clear outline on how the Judicial Branch shall work, having the person accused be thought innocent until proven guilty. Therefore when citizen is accused he or she shall remain in the CFN, under the presumption of innocence until proven guilty. The only exception to this is if the arresting officer has detained the accused to the DC, whereas if the accused is detained and the proper files have been place for a trial then a Judge must set them free as soon as such files are placed. If the accused is found guilt then the Judge may or may not send the convicted to the Detention Center, under the words of "Prison" where the convicted shall stay for a time, and then be allowed back in if cleared. Should the Prisoner leave, the time ordered shall be increased the amount of time left.
( Please note: The Region is Called Commonwealth Detention Center, it serves as both a detention center and a prison. When Officers arrest/detain their suspects they are put there in detention. If a person is convicted of a crime, and sent to that region they are knows as Prisoners and the region for them is a prison)
Situation B) Detention Center can also be used for Terrorism. If the Chancellor or Lord Chanellor decides to use executive power under the Terrorism Act then said criminal must re-locate to the Detention Center if he or she wishes to return to the the CFN. Once the criminal has gone to the Detention Center, he or she may file for an appeal for the executive decision. And if granted, he or she remains in the DC until the trial concludes. Should the criminal be found innocent then his or her record is exonerated and let back into the region. If not then the criminal is ejected from the DC never to return to the CFN.
Legality of it's Execution
Section II. Therefore we mud now legally define ban, eject and ban eject in regard to the Prison System.
Legal Proper Ejection- LPE: When a criminal is convicted and sent to the the Dentition Center it is by the Courts doing, not executive action, therefore the ejection imposed on due to the conviction shall be known as a Legal Proper Ejection, or LPE. Where the ejection is not an ejection where the official acted on his own accord, but by the spur and engine of the judicial outcome, complied by law to comply with the outmode and eject said criminal to the Detention Center. Therefore if one is convicted, or ordered to the Detention Center by a Judge, it shall be the duty of those officials who have the power to do so, to then eject, using the LPE ejection, therefore not infringing on the Articles of the Constitution, namely Article V clause I.
Legal Proper Ban-LPB: When a criminal is convicted and sent to the Detention Center he then must serve is term there. Should the criminal leave the Detention Center and come back to the CFN it it considered a break of Prison and Terrorist act, therefore in accidence wight he Terrorism Act those who have the authority may Ban said prisoner on the basis of terrorist activity and breaking their sentence. At that point, the term to be served is increased should they come back to the Detention Center.
Legal Proper Ban-Ejection-LPBE: When a criminal as fit the situation for a LPB and still leaves the Detention Center, and tries to come back to the CFN in puppet form a LPBE may be implemented. Other situations may be added.
The Term Legal Proper is given to these words because the official carrying out his power to eject, ban or ban-eject is doing so on behalf of the judicial system, not on behalf of the Executive Branch. Therefore, offering relief to those officials who find it hard to use their power in a legal way, without the hounding of cases against them.
Structure Appendix
Section III. Now we must state who is to run it and how it should she run
The Dentition Center, by Law #18, is under the jurisdiction of the Commonwealth State Police Department, whose head is the Minister of Justice. Therefore the Minister of Justice shall serve as the warden of the Center and make any rules, regulations and employ anyone he wishes to help him carry out his role as warden, although he may only employ confirmed CFN State Police Troopers to help him in duties that require legal commands.
He may, again, issue his own rules on how the Center should run, however there needs to be these three rules at least, which are put forth as interaction from the Judicial Branch, which are:
-If you are deemed terrorist, and you have been ejected and banned and wish to re-enter the CFN, you must wait here, file for an Appeal and remain here until your Appeals trial is over.
-If you are a prisoner, please wait here until your sentence has been carried out fully, if you are seeking an Appeal please file for one while you wait patiently for your trial else your appeals will be ignored if you do not stay in the detention center.
-If any Terrorist and or Prisoner leaves the Center it shall only add to your sentence, if you should choose to try to re-enter the CFN using a puppet then you are subject to a Ban-ejection and and a severe increase to your sentence(months)
Endorsed:
Vista Major
COLDR
The Silver Bloods
Vista Major
COLDR
The Silver Bloods
Denounced:
Ruclax
Garbhaty
Ruclax
Garbhaty
Majority received. Chancellery Ascension approved.