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PostPosted: December 29th, 2016, 8:16 pm 
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Joined: April 28th, 2016, 6:15 pm
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Location: California
Bill for Changes to the Criminal Code and the Indoles Carta

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.

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, fabricating, or altering of items, builds, or any other evidence for a criminal trial. Evidence for a criminal trial 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 be presented to the Judicial Court. Should the tampering with evidence be discovered at any time, it can be presented as a separate charge from the original crime.


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 evidence that could lead to a trial, 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, builds, etc. presented as evidence. 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, 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, if finally acquitted or found guilty of the offense, to not be tried or punished for it again, with the exception in the case that a mistrial can be confirmed due to emerging evidence that was absent during the initial adjudication.

* 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.

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Ealdorman Cerdic Beoden Accynnafon of Östlond
Runner Up of the Glas Claddach Boat Building Competition
Minister of Justice


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PostPosted: January 5th, 2017, 5:12 pm 
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Joined: April 28th, 2016, 6:15 pm
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Location: California
I've made some changes to further protect those found guilty of a crime. They are marked in red.

Bill for Changes to the Criminal Code and the Indoles Carta

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.

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, fabricating, or altering of items, builds, or any other evidence for a criminal trial. Evidence for a criminal trial 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 be presented to the Judicial Court. Should the tampering with evidence be discovered at any time, it can be presented as a separate charge from the original crime.


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 evidence that could lead to a trial, 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, builds, etc. presented as evidence. 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, 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 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 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.

_________________
Ealdorman Cerdic Beoden Accynnafon of Östlond
Runner Up of the Glas Claddach Boat Building Competition
Minister of Justice


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PostPosted: January 5th, 2017, 8:40 pm 
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Joined: April 28th, 2016, 6:15 pm
Posts: 2001
Location: California
This discussion has moved to here: viewtopic.php?f=62&t=1515

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Ealdorman Cerdic Beoden Accynnafon of Östlond
Runner Up of the Glas Claddach Boat Building Competition
Minister of Justice


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