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PostPosted: January 15th, 2017, 7:17 am 
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Part of this bill is an Amendment to the Indoles Carta, thus, it must receive support from both a clear majority (60%) of active sitting members of the Council of the Crowned and a simple majority (50% + 1) from active sitting members of the House of Dukes.

Tide 00|07 Judicial Revision and Criminal Code Bill

This section will be added to the Imperial Codex document titled “The Mercurian International Criminal Code”

Tampering with evidence

The spoliation and/or tampering with evidence is the destruction, negligent withholding, fabrication, or alteration of the items, both physical and otherwise, presented as evidence in a judicial trial. Evidence belongs to the Mercurian Empire upon presentation of charges, wherein those charges list the evidence relevant to the case. The intent of an individual that tampers with evidence is considered, however, guilt shall be determined by trial should evidence of tampering be presented to the Judicial Court.

False Testimony

The presentation of false testimony is bearing false witness during mediation, presentation of evidence, criminal or civil trials, or elsewhere in the Judicial Court and its proceedings.


This bill also adds the following section to the Indoles Carta, under Section IV. Judicial, before Deliberation and Adjudication of Trials and after Appointing the Judge and Attorneys:

Evidence

Upon notification to the Judicial Court of either a trial or charges being presented against an individual, all evidence shall be presented to the Judicial Court upon its discovery. Upon delivery of evidence, the Mercurian Empire becomes the steward of the items, both physical and otherwise, presented as evidence in a Criminal trial. The Mercurian Empire retains the rights to the evidence in the case of a guilty verdict. In the case of a not guilty verdict, the evidence is returned to the defendant upon completion of the trial.

This bill also rewrites the following section of the Indoles Carta of Rights and Freedoms, under Section IV, Legal Rights:

4. Legal Rights

All citizens of the Mercurian Empire enjoy:

* The right to life, liberty, and the security of the person, and the right not to be deprived thereof except in accordance within the principles of fundamental justice.

* The right not to be subject to unreasonable search or seizure and not to be arbitrarily detained or imprisoned, except in those cases outlined in Section IV of the Indoles Carta.

* The right to not be compelled in any criminal case to be a witness against himself/herself.

* The right, upon arrest, to be informed of the charge without unreasonable delay, and to be tried within a reasonable time.

* The right to be presumed innocent until proven guilty according to law, both international and domestic, in fair and public hearing by an independent and impartial tribunal.

* The right to be free from pressure to give false testimony.

* The right to not be tried or punished for the same crime, if finally acquitted or found guilty of the offense.

* The right to a new trial in the case that a mistrial can be confirmed due to emerging evidence that was absent during the initial adjudication.

* The right to a new trial if the judicial process was not followed in the original trial.

* The right to not be charged with criminal or civil offences that were not listed in the Mercurian Criminal or Civil Codes at the time at which the action(s) were committed.

This section will be added to the Indoles Carta under section IV, after Deliberation and Adjudication of Trials but before Option for Third-Party Mediation.


Appealing a Sentence

Those convicted of crimes against the Mercurian Empire are entitled to the right to appeal the sentence handed down to them during a judicial trial. The individual making the appeal may submit their appeal to the Judicial Court after one mercannum (one month) has passed from the delivery of a sentence. Upon delivery of their appeal, the Council of the Crowned and the House of Dukes may consider the appeal with a vote to overturn the sentence. For this appeal to succeed, a large majority (75%) of active sitting members of the Council of the Crowned and a large majority (75%) of active sitting members of the House of Dukes must record a vote in favor of the appeal.

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PostPosted: January 15th, 2017, 7:18 am 
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Östlaed votes in favor of this bill.

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PostPosted: January 15th, 2017, 1:31 pm 
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Joined: August 9th, 2015, 12:19 am
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Location: United Kingdom
Wychwood votes in favour of this bill

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PostPosted: January 15th, 2017, 3:54 pm 
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The GRHH votes in favor.

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PostPosted: January 15th, 2017, 4:29 pm 
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Casadia votes in favor.

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PostPosted: January 16th, 2017, 8:55 pm 
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Laghima votes in favor.

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PostPosted: January 16th, 2017, 9:00 pm 
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This bill has passed the House of Dukes.

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