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PostPosted: January 15th, 2017, 7:16 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, 5:37 pm 
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I vote in favour.

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PostPosted: January 15th, 2017, 8:38 pm 
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An excellent collaboration between legal scholars and a shining example of international cooperation that shall make several important updates to our legal system. This has the vote of assent from the Labourer's Council!

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PostPosted: January 16th, 2017, 6:13 am 
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This has my vote.

Thank you all for participating.

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PostPosted: January 16th, 2017, 7:28 pm 
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this has my vote as well

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PostPosted: January 19th, 2017, 3:04 am 
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I do like what I see here. One question, what happens to evidence if found guilty?

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PostPosted: January 19th, 2017, 3:10 am 
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My assumption had been that anything relevant to the actual crime committed would be retained by the Mercurian Empire, or returned to the owner. I do suppose that is also something that the Jury and.or Justice Minister could provide input for, at least if it was not immediately obvious what to do with the evidence.

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PostPosted: January 19th, 2017, 3:26 am 
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Maybe something like:

- It is up to the discretion of the court what evidence is returned and to whom.

Maybe we can add a note to that for some easy, hard and fast (just how I like it) rules. Such as items that were stolen are returned to their original owner and all duped items are withheld. Something like that?

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PostPosted: January 19th, 2017, 4:03 am 
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I don't think anyone would mind those changes, although with 9 votes for this already we have to either consider starting another bill with just the line you brought up, or start over with this one. However, this has been in discussion in Proposed Language for a month already (December 14th is when the first Tampering with Evidence post was made) so I'd support another bill that just deals with the line you would like added.

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PostPosted: January 29th, 2017, 7:06 pm 
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Per the Imperial Codex document titled "The Act on Realm Status and Activity," this law has now passed. The Kingdoms of Perth, Valtoros, and Ertia abstained from voting, and this this bill passes with 100% of those that voted voting for the bill.

I will edit the pertinent documents later today.

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