Justice Department Regulations

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Justice Department Regulations

Post by tommot on 2014-11-19, 19:05

Justice department regulations

A document composed out of these former laws:
Supreme Court Act and Current Justices - http://www.erepbelgium.com/t3837-supreme-court-act-and-current-justices
The Criminal Justice Act - http://www.erepbelgium.com/t2378-the-criminal-justice-act
Supreme Court: Law Review - http://www.erepbelgium.com/t7418-supreme-court-law-review

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The Supreme Court Act
*Judges are chosen by Congress with a simple majority (51%) vote.
*There can be a maximum of 3 Judges.
*Judges serve a term of 3 months from date of approval by Congress.
*A Judge's term can be extended up to 30 days to allow for completion of an active trial/case. Term will end at end of 30 days, or when trial/case ends, whichever comes first.
*Judges can serve unlimited terms, but must be re-approved by Congress at the completion of their term (or term extension of 30 days).
*When a Judge is part of the prosecution or defense team, they will recluse themselves from judging the trial/case, and Congress will vote to replace the Judge with a temporary judge (any eBelgian citizen not involved with the case) with a simple majority vote. This temporary judge's duties will expire upon conclusion of the trial/case.
*Judges interpret laws and say to Congress when they do something illegal.
*Once nominated, a ⅔ Congress majority is needed to delete a Judge from the list.
*Congress can ask for opinion about law interpretation
*Any alteration or suppression of this Act requires a simple majority

Past Justices(Judges):
Past justices:
NLSP wrote:Accepted on 8 agustus in http://www.erepbelgium.com/t3892-supreme-court-justice-vote-thread

Current justices are:
Jofroi
Boklevski
goopypants

NLSP wrote:Accepted on 10 November in http://www.erepbelgium.com/t4726-supreme-court-judges-vote-thread

Current justices are:
MaryamQ
NLSP
Boklevski

Their mandate end 11 February  2012
NLSP wrote:MaryamQ resigned/was fired due her election as CP and entering the cabinet

Current justices are:
NLSP
Boklevski

Their mandate end 11 February 2012

Kylero (http://www.erepbelgium.com/t5033-sc-judge-kylero-vote-accepted)
Mandate end 8 March 2012
ThomasRED wrote:NLSP and Boklevski's mandate ended.

A new vote have been hold :
http://www.erepbelgium.com/t5464-new-supreme-court-justices

Boklevski
Sammy Tanghe

Their mandate end 14 may 2012

Kylero (http://www.erepbelgium.com/t5033-sc-judge-kylero-vote-accepted)
Mandate end 8 March 2012
Jonathan Clay wrote:Kylero's mandate ended

A new vote has been hold:
http://www.erepbelgium.com/t5774-supreme-court-justice-maryam-q-accepted

Maryam Q was elected

Her mandate will end 12 June 2012
Pieter557 wrote:somewhere in june:
Maryamq left, boerjan replaces her.

somewhere between june and july: boklevski left eBE, looking for a replacement
ThomasRED wrote:http://www.erepbelgium.com/t6437-supreme-court-justices
The 18th may : Boklevski and Sammy Tanghe have been reelected.
Their mandate end the 18th august.

http://www.erepbelgium.com/t6693-vote-thread-justice-boer-jan-vote-accepted
MaryamQ's mandate ended the 12th june, and Boer Jan have been elected to replace her the 18th june.
Boer Jan's mandate end the 18th september.

http://www.erepbelgium.com/t6781-time-for-some-two-clicking-in-euk
Boklevski left eBE the 26th June and need to be replaced.
MCKitkat wrote:http://www.erepbelgium.com/t6988-vote-3th-sc-justice

Konrad Neumann is elected as 3rd Justice. Mandate until 6th November.
Jofroi wrote:http://www.erepbelgium.com/t6693-vote-thread-justice-boer-jan-vote-accepted

Jan Boer is elected as SC Justice. Mandate until 18 September 2012

http://www.erepbelgium.com/t7168-vote-3rd-sc-justice

Jofroi is elected as 3rd SC Justice. Mandate until 30 November 2012
Jofroi wrote:Jan boer mandate is renew until the 15th January 2013:
http://www.erepbelgium.com/t7542-vote-3rd-sc-justice

Stijn Puttemans is elected as SC Justice until the 28th of January:
http://www.erepbelgium.com/t7683-supreme-court-justice

Jofroi is elected as SC Justice until the 30th of February
http://www.erepbelgium.com/t8049-supreme-court-justice
Stijn Puttemans wrote:Jan boer mandate is renew until the 15th April 2013:
http://www.erepbelgium.com/t8300-supreme-court-justice

Stijn Puttemans is elected as SC Justice until the 28th of January:
http://www.erepbelgium.com/t7683-supreme-court-justice

Jofroi is elected as SC Justice until the 30th of February
http://www.erepbelgium.com/t8049-supreme-court-justice
Stijn Puttemans wrote:
As of 09/03/13 Shadow, NFR and Jofroi are the new judges until 09/06/13
Stijn Puttemans wrote:NFR resigned as Judge so as voted here and here

Helviro will be the new judge. His mandate end on the 19/08/2013
Stijn Puttemans wrote:As of 06-06-13 we have 3 new judges Boklevski, MaryamQ and Yannis, serving 3 months.

Vote
Stijn Puttemans wrote:Yannis resigned and MaryamQ was part of the government
debate

We elected Kylero and Beaver as new judges
vote
Stijn Puttemans wrote:Kylero resigned

So we elected Helviro as new SC Judge. vote
Stijn Puttemans wrote:We have the following active judges:
Boklevski until 6th of September
Beavers until 12th of October
Helviro until 17th of November  
Stijn Puttemans wrote:We have the following active judges:
MCKitkat until 16th of December
Beavers until 12th of October
Helviro until 17th of November
MCKitkat wrote:
Past Justices:
Helviro until 17th of November 2013
MCKitkat until 16th of December 2013
The Valeyard until 12th of January 2013 Click Me !

Current justices:

Jofroi until 20th February 2014
bri2048 until 11th Mars 2014
Boklevski until 27th Mars 2014
Boklevski wrote:Current justices (as voted here)

Tommot until July 17th, 2014
Boklevski until July 17th, 2014
MCKitkat until July 17th, 2014

Current justices term has been extended as voted here.
Term ends on 3 November 2014.
tommot wrote:As voted in this topic: http://www.erepbelgium.com/t10657-supreme-court-justice-voting
And debated in this: http://www.erepbelgium.com/t10652-new-judges-to-be-elected
The following 3 names will be assigned as the new judges for the next 3 months or when one or more resign.

* negox1
* Ernest Bogdansson
* Boklevski
There term will end on 13 February 2015
As voted in this topic: http://www.erepbelgium.com/t10959-election-of-new-judges
And debated in this: http://www.erepbelgium.com/t10957-supreme-court-justices
The following 3 names will be assigned as the new judges for the next 3 months or when one or more resign
*Fhaemita Malodorous
*Ekfant
*Maresal Lengas
These will be appointed as Judges until 9 March 2016
* Konrad Neumann
* MCKitkat
* Fhaemita Malodorous
There term will end on 6 October 2015

Current justices:
tommot wrote:as voted in this topic: http://www.erepbelgium.com/t11075-appointing-new-judges
*Fhaemita Malodorous
*Ekfant
*Maresal Lengas
These will be appointed as Judges until 9 March 2016


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The Criminal Justice Act

Title I – Lawmaking
a) The acts that are considered crimes in eBelgium will be managed by the Supreme Court, who will keep a public list of all acts that they deem unlawful.
b) Any changes made to this list by the Supreme Court must be approved by a Congress vote.
c) Congress may propose new crimes to be added, however they must either gain the approval of the Supreme Court or be passed by a 2/3 majority to be added.

Title II - Type A Investigations (When the prosecution have a suspect)
a) If a citizen of eBelgium suspects any other person(s) of committing an act that the Supreme Court deem as unlawful, they may request a type A investigation to be carried out by the Supreme Court.
b) The Justices will vote on whether they will accept or reject this request based on whether they deem the alleged act to be illegal or not.
c) If the investigation is accepted, the prosecution will be asked to provide their evidence to the Supreme Court in private.
d) If the Supreme Court judges the evidence given to be strong enough to potentially convict the defendant(s), they may commission a public trial. If not, the investigation will be put on hold until sufficient evidence is gathered.

Title III - Type B Investigations (When there is no suspect)
a) If a citizen of eBelgium believes an act that the Supreme Court deem as unlawful has been committed but has no evidence to suggest who committed it, they may request a type B investigation to be carried out by the Supreme Court.
b) The prosecutor will assist the Supreme Court (along with the Ministry of Justice if there is one) to gather information about the event that has taken place.
c) If they believe to have found the offender(s), then they will gather the evidence together and the Supreme Court will review it as a type A investigation.
d) If the investigation is then rejected, then the evidence as a whole will be reviewed, not just the evidence that points to the primary suspect(s).

Title IV – Trials
a) If a trial is commissioned, both the prosecution and the defendant(s) will be asked to provide a short opening statement to the Supreme Court and may ask for up to 2 other citizens to be given posting rights in the trial thread to act as their legal representation.
b) Once the trial is started, each side will take it in turns to provide evidence to the Supreme Court.
c) The Justices may at any time request answers to specific questions or ask for clarification of any information that has been provided.
d) A corresponding thread will be used in private for the Justices to discuss the evidence. When they have decided that they have heard enough, the prosecution and defendant will be asked for their closing statements.
e) The Justices will then release their verdict to the public (and sentence if guilty).
f) If there is more than one defendant found guilty, then the Justices may allocate different sentences to different defendants depending on the level of their involvement.
g) If the sentence(s) given fall outside the punishment grades of the crime then congress may vote to increase/reduce the sentence to the closest limit of the crime's punishment grade if they believe that the sentence given was unjust.

Title V – Appealing
a) If either the prosecution or the defendants disagree with the verdict, they have the right to one appeal.
b) They will be required to give a single statement to the Supreme Court arguing their case.
c) If the justices believe they may have made a mistake in their verdict, they may re-open the case.
d) Once the verdict to this second trial is given, there may be no further appeal.
e) In case of appeal done less than 24h after the SC sentence, the sentence is suspended for a maximal period of 24h and the Supreme Court has to decide during this time if the sentence will be suspended during the appeal. If there are no decision from the SC after 24h, the suspension will be removed until the SC reach a decision. If there is a decision, then the appeal begins immediatly and the 24h period of suspension ends.

If the appeal is done between 24h and 72h after the SC sentence, the sentence is maintained. The Supreme Court has to decide if the sentence will be suspended during the appeal. There are no time limitation for the SC decision.

If the appeal is done after 72h after the SC sentence, the sentence will be maintained until the end of the appeal.

Added on 24/09/2012 by vote passed on 22/09/2012


Title VI – Inactive Supreme Court
a) In the event that there is no active Supreme Court, the President (or the cabinet minister with the highest in-game level that isn't involved) may nominate 3 citizens to act as the judges in the event of an investigation being requested.
b) The president’s nominations must be approved by a simple Congress majority.

Title VII - Additional Articles
a) One person cannot be investigated for multiple accounts of the same crime at the same time. They must be treated as a single act, although the amount of offences should be taken into account when deciding on a sentence.
b) One person cannot be investigated for an act that took place in the same period of time as a similar act that they have already been investigated for. The investigation should be re-opened or the sentence reviewed if this is the case.
c) The person that requests an investigation can, at any time, nominate any other citizen to take over their role as the leader of the prosecution, although they will still be required to be present at the trial if one is commissioned.

Format:
Name
Legal Status (Punishemnt Grades)
Description

Theft of National Assets
Public Crime (A-D)
The taking of any assets belonging to the State without express permission.

Misuse of National Assets
Public Crime (A-D)
Using any State-owned assets for personal gain.

Unlawful Disclosure of Private Information
Private Crime (C-E)
Releasing information from any private Belgian forum or private Belgian IRC channel without the consent of all those involved in its creation.

Abuse of Power
Public Crime (A-E)
An elected or appointed official, using his powers in a way that is either unjust or inappropriate.

Corruption
Public Crime (A-C)
An elected or appointed official accepting payment of any sort in return for acting in the payer’s interests above the state’s.

Refusal to Cooperate with the Court
Public Crime (C-E)
Refusing to answer questions or provide information to the Supreme Court for use in a Trial or Investigation, repeatedly wasting the courts time or refusing to accept their verdicts.

Hate Crime
Private Crime
2 different Punishment Grades.  (See Below).

Definition

Any form of discrimination, mocking, teasing, trolling, spreading of hate, bullying, etc based on gender, sexual orientation, creed, identity, appearance, and belief structure.

Punishment Grades (C-E)

While following the definition of Hate Crime above, these punishment grades are for offenses that are considered to be your average criminal case.  Example of such offense but not only limited to those are: a joke getting out of hand, a tasteless/accidental comment,  minor teasing/ hazing, etc. These are mainly targeted towards comments that were not meant to be malicious but still offended people. These Punishment Grades only require a simple majority from the ruling Judges.

Punishment Grades (A-B)

While following the definition of the Hate Crime above, the Punishment Grades A and B are reserved for violations that are extremely severe and/or damaging, violate all common decency and are out right malicious and/or hurtful.  Due to the severity of the punishment grades, the Judges need to gather unanimous consent for a ruling of these grades to be enacted on an offense.  

Continued Harassment
Private Crime (A-C)
Repeatedly making offensive, hurtful, obscene or inappropriate comments about someone after being previously requested to stop by the victim and/or having previous court cases dealing with the same complaint.

Account Hacking
Private Crime (Public if Committed Against State Orgs) (C-E)
Gaining access to any citizen, organization or forum account without the owner’s permission.

Negligence
Public Crime (B-D)
When any elected or appointed official causes harm either directly or indirectly by neglecting his/her responsibilities.

Citing Precedent
n/a (n/a)
Committing an act that although may not be included here as a legal basis to start a Trial or Investigation, is believed to have been declared illegal by a previous Supreme Court verdict.

Definitions of Terms:

Legal Statuses:

Public Crime: A crime committed against and prosecutable by the State as a whole.

Private Crime: A crime committed against and only prosecutable by, a single specific person or specific group of people.

Punishment Grades:
Please note, the punishments in each grade are just examples. If the Supreme Court wishes to give a punishment that doesn't appear in any of these, they must use their judgement to decide what grade it would count as.

Grade A: For the most serious forms of crimes. Only to be given in extreme circumstances. Unlimited sentencing is permitted.

Grade B: A public apology, repayment of damages, removal of unlawful material and ban from any government positions for 3-6 months.

Grade C: A public apology, repayment of damages, removal of unlawful material and ban from any government positions for 1-3 months.

Grade D: A public apology repayment of any damages and removal of any unlawful material required. Ban from holding a ministerial or judicial position may be imposed for up to 1 month.

Grade E: Least serious forms of crimes. If convicted, the defendant will be required to remove any unlawful material and make a public apology for their actions.


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Supreme Court: Law review

In case of review is asked less than 24h after the law issuance, the law is suspended for 24h and the Supreme Court has to decide during this time if the law will be suspended during the review. If there are no decision from the SC after 24h, the suspension will be canceled until the SC reach a decision. If there is a decision, then the review begins immediatly and the 24h period of suspension ends.

If the review is done between 24h and 72h after the law, the law is maintained. The Supreme Court has to decide if the law will be suspended during the review. There are no time limitations for the SC decision.

If the appeal is done after 72h after the law, the law will be maintained until the end of the review.

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13/07/2015:  Amendment and Addition as voted in this topic: http://www.erepbelgium.com/t10971-amendment-and-addition-of-the-criminal-justice-act


Last edited by tommot on 2015-12-10, 17:51; edited 1 time in total (Reason for editing : judges updated)

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