| QUOTE |
| The Code of Criminal Procedure A Bill to establish the process in which criminal cases are conducted in the courts of the Empire. BE IT ENACTED by the Emperor's most Excellent Imperial Majesty, by and with the advice and consent of the Members of Parliament assembled, and by the authority of the same, as follows: ARTICLE 1: CLERK OF THE COURTS. a. The Lord Chief Justice shall name a Clerk of the High Court to serve at his or her pleasure; and such person may be himself, another Justice, or any other citizen of the Empire. b. Compensation shall be provided for the Clerk of the Court. The rate of compensation shall be established by the High Court of Justice, or through appropriate legislation. ARTICLE 2: INITIATION OF CRIMINAL PROCEEDINGS. a. When the Minister of Justice When shall desire to initiate criminal proceedings, he shall file a Petition for Indictment with the Clerk of the Courts. b. The Clerk of the Courts shall ensure that there is a forum, under his or her control, to which only the Justices of the Supreme Court, the Clerk, and the Attorney General have access to in which he may file Petitions for Indictment, to which others shall not have access. c. The Chief Justice, upon noting the filing of a Petition for Indictment, shall assign the review of such indictment to one of the judges of the High Court of Justice on a rotating basis. Should there be no other Justices; the Chief Justice may take it upon himself to review the indictment. d. The Justice to whom the case is assigned shall review the Petition, and, if necessary, seek further information from the Ministry of Justice. e. The Justice to whom the case is assigned may question witnesses under Oath in the presence of the Ministry of Justice, and the Ministry of Justice shall have the authority to also question such witnesses. The Ministry of Justice may call such witnesses as it shall feel necessary in presenting its case. f. A witness questioned under Article 2, Section E of this Act who publicly discloses the nature or existence of their testimony shall be guilty of the crime of CONTEMPT OF THE COURT under this section, and liable to punishment of up to two weeks’ suspension of civil rights and/or a fine set by the courts. g. Upon conclusion of his review of the case, the Justice to whom the case is assigned shall render a decision. h. If said Justice grants the Petition, he shall do so by posting the Indictment in the High Court’s public journal and the Defendant will be deemed indicted. i. If he denies the Petition, he shall do so by posting a Denial of Petition in the journal in which the Petition was filed. j. If the Ministry of Justice wishes, it may appeal a Denial of Petition, and the Chief Justice shall assign another Justice to hear the case, and that Justice shall proceed as though the Petition were originally filed with him. k. No appeal shall issue from a decision rendered after an appeal taken under Article 2, Section J of this Act. l. All proceedings taken under any part of Article 2 of this Act shall be deemed to remain forever confidential, and it is not the intent that anything beyond an Indictment issued under Article 2, Section H of this Act shall ever become public relating to the indictment discussion. ARTICLE 3: ARREST AND DETENTION OF DEFENDANT. a. Upon deciding to grant an Indictment, the Justice making the decision shall determine the process for arrest or detainer of the Defendant. b. Arrest or detainer shall be designed to bring the Defendant under the control of the Court. c. The Justice granting the indictment may issue a Summons to the Defendant. d. Any Alexandrian to whom a Summons is issued and posted in a public section within the Alexandrian Message Boards, and who subsequently appears before the Court, shall be deemed to have been brought under the control of the court. e. Summons to the Defendant shall be the preferred method of notice to Defendant. f. Upon being aware of a Summons, a Defendant, or his Curator, shall post a Notice of Appearance with the Court that he is aware of the Indictment and prepared to proceed to trial proceedings. g. The Judge granting the indictment may issue a Warrant for Arrest of the Defendant. h. A Warrant for Arrest pursuant to Article 3, Section G of this Act shall only issue when one of the following conditions apply:
b. The Justice finds that, upon learning of the Indictment, Defendant is likely to flee the Empire. c. The Justice finds that, upon learning of the Indictment, Defendant is likely to take some action that would be a threat to the Empire or to any person in the Empire. d. The Defendant is charged with engaging in, attempting to engage in, or conspiring to engage in, denial of service or hacking of any of the Empire’s web infrastructure or another micronation’s web infrastructure. e. A warrant was issued more than seven days ago and no Notice of Appearance has been filed pursuant to Article 3, Section F of this Act. i. Upon issuance of a Warrant for Arrest, the person arrested shall be considered imprisoned in the Alexandrian Jail at once, until proceedings are held and the Defendant is released for some other reason under this Act. j. The Defendant shall enter a Notice of Appearance in the Alexandrian Jail upon learning of the Warrant for his Arrest. k. No Defendant who has either entered a Notice of Appearance in the Alexandrian Jail, or whose warrant has been outstanding for over twenty-four (24) hours, shall post in any forum of the Empire of the Alexandrians other than the Jail and the court forums until released pursuant to this Act. l. Any person who violates Article 3, Section L of this Act is guilty of the crime of ESCAPE. m. Upon being aware of an Arrest Warrant and appearing in the appropriate forums devoted to the justice system, the Defendant shall post a Notice of Appearance in a forum for that purpose in the Jail that he is aware of the Indictment and prepared to proceed to trial proceedings. ARTICLE 4: HEARINGS. Any hearing may, at the election of all parties, or upon order of the Judge if he finds it practical to all parties involved, be held by Instant Messaging technology. ARTICLE 5: ARRAIGNMENT. a. The first step following a Defendant’s being brought under control of the court, either through arrest or through voluntary appearance, shall be the Arraignment. b. The Justice who issued the Indictment shall be responsible for holding the Arraignment of the Defendant. c. The Arraignment shall begin within three days of Defendant’s posting of a Notice of Appearance if Defendant shall have been brought before the Court on an arrest warrant, unless Defendant shall waive his rights under this section. d. The Arraignment shall begin within five days of Defendant’s posting of a Notice of Appearance if Defendant shall have been brought before the Court on a summons, unless Defendant shall waive his rights under this section. e. At the Arraignment, the Justice shall determine:
b. Whether the Defendant has an attorney. c. If the Defendant is aware of the nature of the charges against him. d. If the Defendant is aware of the nature of the penalties he may face if convicted of the charges. e. If the Defendant is aware of his rights and duties as a Defendant. f. Following the determinations required under Article 5, Section E of this Act, the Justice shall determine the question of bond of the Defendant pending his trial. g. Any bond posted by the Defendant shall be posted in order to guarantee his appearance at pretrial hearings and trial; and shall be returned to Defendant at the conclusion of the trial. h. If Defendant shall not post bond, he shall not be released from jail until the trial takes place. i. The Court shall set bond at its discretion in a manner calculated to cause the return of the Defendant. j. The Court may elect to release the Defendant upon his own recognizance, if it shall feel this is sufficient to return the Defendant for trial. k. If a Defendant shall be released upon his own recognizance under Article 5, Section J of this Act, and shall fail to appear before the Court for any pretrial appearance required or for trial, once he is brought before the Court again, he shall be held in jail without bond under the provisions of this section, and bond shall not be returned to him. l. The Court shall not set bond without input from the Ministry of Justice and the Defendant or Defendant’s counsel. m. The Court shall set no bond that is unreasonable. n. If a Defendant shall feel the bond set is unreasonable, he may appeal, and such appeal shall be heard by three judges, assigned by the Chief Justice by rotation to hear such appeals. If there isn’t an amount of three judges available, the Chief Justice is free to take appropriate measures to ensure that the appeal is heard. o. The Court shall deny bond if it finds one of the following conditions apply:
b. The Defendant is charged sufficiently so that if convicted on each count of the Indictment, he could be sentenced to over fifteen weeks’ suspension of civil rights. c. The Justice finds that there is evidence that the Defendant’s presence in the Empire prior to his trial poses a grave and credible threat to the Empire or to any person in the Empire. d. The Justice finds that Defendant is likely to flee the Empire. e. The Justice finds that Defendant is likely to take some action that would be a threat to the Empire or to any person in the Empire. f. The Justice finds that Defendant has a history of escape. p. Any finding under Article 5, Section O, Subsections C through F of this Act may be appealed in the same manner as the appeal in Article 5, Section K of this Act. q. Any modification of Defendant’s bond following Arraignment and assignment of the case as prescribed in Article 5, Section R of this Act shall be dealt with by the judge assigned to hear the rest of the case. r. Following determination of bail, the Justice shall assign the hearing of the case to a judge on a rotating basis if possible. s. The Judge who hears the Petition for Indictment and Arraignment shall not assign himself, nor shall any other judge assign him, to hear the trial of the case. Should there be no more Justices available, this section shall not apply. t. In a trial where the Defendant is charged with any offense, the penalty for which may include permanent banishment, he shall have the option of a three-judge panel if the Court is appropriately staffed to offer it. ARTICLE 6: TIME OF TRIAL. a. Each Defendant shall be guaranteed the right to a speedy trial. b. If a Defendant remains in jail, his trial shall not begin later than seven days following the assignment of a Justice or panel of Justices. c. If a Defendant is not in jail, his trial shall not begin later than twelve days following the assignment of a Justice or panel of Justices. d. A Defendant may, for good cause shown, receive an extension of time for trial. e. If a Defendant shall file a pretrial motion less than three days prior to the scheduled start of his trial, it shall be deemed to postpone the trial by two days, unless the Prosecutor shall waive postponement. ARTICLE 7: RIGHT TO REPRESENTATION. a. Any person charged with a crime shall have the right to appoint a Curator in his stead. b. Appointment of a Curator shall not absolve the Defendant of the necessity of attendance at the trial, or fulfilling those duties only a Defendant can fulfill. c. Appointment of a Curator shall not absolve the Defendant of any liability. d. If the Court find a Defendant be indigent, and he requests a Curator, the Court shall appoint a Curator, and shall pay him for his service. e. No Curator shall be called to testify against his own client. f. No Curator shall divulge anything told him by his client, except when:
b. The Curator is informed others intend to break the law. c. The Curator is informed the Defendant plans to violate a court order. g. Any Curator who fails to divulge information that falls under Article 7, Section F, Subsections A through C shall be guilty of CONTEMPT OF COURT. h. When, in this Act, the word “Defendant” appears, it means Defendant or his Curator, unless it is an act that may only be carried out by Defendant. ARTICLE 8: PLEA BARGAINS a. The Prosecutor and Defendant may at any time prior to trial reach a plea bargain. b. Any negotiations between the Prosecutor and Defendant in furtherance of a plea bargain shall remain confidential, and shall not be admissible at trial. c. When a plea agreement is reached between Prosecutor and Defendant, the Prosecutor shall file a “Notice of Plea Agreement” with the court. The Defendant shall then countersign the agreement. d. If the Notice be filed before trial, the Court shall review it, and shall grant it unless it finds it is grossly against the best interests of justice. e. If the Court finds the Notice of Plea Agreement to be against the best interests of justice, either the Prosecutor or the Defendant may take an appeal of the judgment of the Court to three judges of the High Court of Justice. f. If the Notice be filed once the trial is started, the Court shall have in its discretion whether to accept the plea or to require the parties to proceed with trial. g. The Prosecutor may grant Defendant immunity to testify as to other crimes in furtherance of a plea bargain. ARTICLE 9: TRIAL PROCEDURE a. Each Defendant shall be granted the right of fair trial. b. Each party may request the other party to furnish it with any material it plans to use at trial. c. Such request shall be served upon the adverse party at least three days before trial. d. The effect of such request shall bind the party making the request to comply as though they were the one requested; in other words, should the Defendant request material from Prosecutor, he shall be required to turn over material to the Prosecutor he intends to use at trial. e. In furnishing of material, the Defendant shall be required to turn over only such material as he plans to use at trial, in addition to a list of all witnesses he plans to call at trial. f. In furnishing of material, the Prosecutor shall be required to turn over all material he has regarding Defendant, including material that would tend to exculpate the Defendant, in addition to a list of all witnesses he plans to call at trial. g. Parties shall have the right to call witnesses, so long as they are relevant to the case at hand. h. Upon receipt of any witness list, the Court shall post Subpoenas to each Alexandrian citizen appearing on the witness list, in the appropriate public forums in the Alexandrian Message Boards. i. Upon learning of their subpoena, any witness shall be expected to register with the Court as being available for trial. j. If, within twenty-four hours, a subpoenaed party has not responded to the subpoena, and it can be shown that a subpoenaed party has been in the Empire, the Court will file a Notice to the Witness that he or she is in jeopardy of being arrested as a material witness. k. If, within eighteen hours of the posting of the notice under Article 9, Section J, the subpoenaed party does not appear, the Court shall, unless the party subpoenaing the witness shall waive, find the Defendant is a material witness being dilatory in appearance before the Court, and order them held in the Alexandrian Jail. l. Upon learning of their detention, the witness shall at once report to the Court. m. The Court shall determine whether the witness shall be released pending his appearance at trial, but because of the witness’ failure to appear thus far, a presumption against releasing witness until he has completed his appearance at trial shall apply. n. A witness so held shall have the right to counsel. o. In the case of a non-Alexandrian citizen, the party requesting appearance of the witness shall present to the Court a plan of seeking out the witness. p. If a treaty for extradition of witnesses be in force with the country of citizenship of the requested witness, the Court shall observe the provisions of that treaty. q. If no treaty be in force, the Court shall call upon the Ministry of Foreign Affairs to aid in bringing the party charged before the Court. r. No witness shall be forced to incriminate himself or herself in his or her testimony. s. However, the Court may grant the witness immunity from his or her testimony being used against him or her, at which point, such witness shall be required to testify. Any Court before whom the question comes shall take any measures necessary to enforce such immunity. t. If the Court shall grant immunity under this Act, the Court shall determine whether, in order to protect the witness testifying, dissemination of the witness’s testimony should be restricted only to the finder of fact. u. If the Ministry of Justice files an Affidavit of Immunity, stating the subpoenaed party shall not be criminally liable; the witness shall have no defense against testifying. v. If the Court finds that a witness will not comply with the Order of the Court and appear for testimony, and the other provisions of Article 10, Section B of this Act have been otherwise complied with, said witness’ failure to appear will in no case is a bar to the case’s being adjudicated and brought to verdict. w. If a party believes a witness subpoenaed is not relevant to the case, it shall file a motion to that effect and the Court shall hold hearing, at which time it shall ascertain from the party subpoenaing the witness what it intends to prove by the calling of the witness, and from the opposing party, how such calling would be prejudicial. x. The Court shall not allow a witness’s testimony if it believes the testimony sought is irrelevant. y. The Court shall not allow a witness’s testimony if it believes the prejudicial effect against one party would be greater than the value of proof to the other party. z. A party to a trial may object to any part of the trial, including statements or questions asked of witnesses, or answers given of witnesses. aa. When a witness is called, the Court shall allow direct, cross and redirect examination, and further questioning, if it feels necessary. bb. In each trial, the following shall be observed:
b. Defendant’s opening statement c. Prosecutor’s witnesses d. Defendant’s witnesses e. Prosecutor’s rebuttal witnesses f. Defendant’s rebuttal witnesses g. Prosecutor’s closing argument h. Defendant’s closing argument i. Prosecutor’s rebuttal argument cc. In a trial other than that proceeding according to the provisions of Article 5, Section T of this Act, the Judge shall deliberate and render a verdict. If he shall find beyond a reasonable doubt that the Defendant committed the offense(s) charged, he shall find the Defendant guilty; but if he shall not find beyond a reasonable doubt that the Defendant committed the offense(s) charged, he shall find the Defendant not guilty. dd. In a trial proceeding according to the provisions of Article 5, Section T of this Act, a three-justice panel shall be used for the trial. This will only happen in the courts are appropriately staffed to do so, if not, the procedure stipulated in Article 9, Section CC shall be implemented. ee. The panel shall elect one of its number to serve as Presiding Justice. If the panel is unable to elect a presiding justice, then the senior justice on the panel shall serve. ff. The Presiding Justice shall rule as to all objections and motions. gg. The Presiding Justice shall ensure that any motions or non-trial material is dealt with outside the hearing of the other two justices, and in working towards a verdict, he shall not divulge such material to them, nor shall he consider it in his deliberations. hh. The two non-presiding justices shall be empowered to ask questions of witnesses as they wish. ii. Following the conclusion of the trial, the three-justice panel shall deliberate and discuss their verdict privately. A 2-1 vote shall be necessary to return a verdict. jj. Following return of a guilty verdict upon a death penalty charge, a separate sentencing hearing shall be held. kk. The Presiding Judge shall again preside over the hearing. ll. The procedures of such hearing shall be the same as described in Article 9, Section CC of this Act, except:
mm. The hearing shall only be for the purpose of sentencing as to those counts the Defendant has been found guilty of for which the maximum penalty is permanent banishment. The Defendant shall be sentenced upon any other charges by the Presiding Justice only at a later time. nn. When all evidence has been presented, the three-justice panel shall deliberate and discuss their sentence privately. A 3-0 verdict shall be required to return a sentence of permanent banishment. If any Justice shall dissent from sentencing the Defendant to banishment, the panel shall either:
b. Sentence the Defendant to the minimum penalty allowable by law other than permanent banishment. c. Remand the case for further sentencing hearings before the Presiding Justice, who shall determine a sentence other than permanent banishment. ARTICLE 10: RIGHT OF APPEAL. a. Each Defendant convicted of a crime shall have the right to appeal. b. Any Defendant convicted of a crime, but not sentenced to death or banishment, shall file a Notice of Appeal with the Court within three (3) days of the sentence, notifying the Court he intends to appeal. Any Defendant convicted of a crime and sentenced to permanent banishment shall file a Notice of Appeal with the Court within ten (10) days of the sentence. c. If the Defendant requests, the Court shall, within twenty-four hours of filing of an appeal under Article 10, Section A, hold a hearing to determine whether the Defendant should be held while the appeal is pending. d. In no case shall a Defendant be held pending appeal longer than his original sentence. e. The Court shall not grant bail if it finds one of the following applies:
b. The Defendant has been sentenced to temporary banishment. c. The Defendant has been sentenced to lifetime suspension of civil rights. d. The Defendant has been sentenced to over six weeks’ suspension of civil rights. e. The Justice finds there is evidence that the Defendant’s presence in the Empire pending appeal poses a grave and credible threat to the Empire or to any person in the Empire. f. The Justice finds that Defendant is likely to flee the Empire. g. The Justice finds that Defendant is likely to take some action that would be a threat to the Empire or to any person in the Empire. h. The Justice finds that Defendant has a history of escape. f. If the Court grants bail, it shall require a bond from Defendant in the same manner as that prescribed in other sections of this Act. g. A Defendant who files a Notice of Appeal pursuant to Article 10, Section 1 shall file with the Clerk of Courts a Brief of Appellant within seven (7) days of filing of the Notice of Appeal. h. The Prosecutor shall file a reply brief within five (5) days of filing of the Notice of Appeal. i. The Defendant shall have the opportunity to file a rebuttal brief within three (3) days of filing of the Prosecutor’s reply brief. j. The Court shall hold arguments before it, unless parties waive, within five (5) days of filing of Prosecutor’s reply brief. k. Upon the ruling of the Court upon the appeal, any sentence not removed by the Court shall be executed. ARTICLE 11: EFFECT OF SENTENCE. a. The effect of sentence shall be as follows:
b. During confinement to the Alexandrian jail, the Defendant shall not post in any other forum of the Empire of the Alexandrians, other than the courts for any appropriate purpose therein, or the Alexandrian jail forum. c. If Defendant should post in a forum of the Empire of the Alexandrians other than the courts or the jail, he shall be warned once; following that, the Court shall order the Defendant banned from Alexandria for a period comprising the balance of his sentence. In addition, he shall be banned for a period of seven (7) days in addition for breaking his confinement. d. The effect of a sentence of banishment is that the Defendant is banned from the Empire of the Alexandrians. e. The punishment of banishment may be imposed for a specified time. f. The effect of a sentence of permanent banishment is that the Defendant is banned for life from the Empire of the Alexandrians and the Courts of Alexandria, and the Empire shall request its allies respect the sentence of permanent banishment. ARTICLE 12: PROBATION. a. The Court may, in compliance with this Act, grant probation to persons who qualify. b. The following persons shall not have the right to receive probation:
b. Persons sentenced to banishment or permanent banishment. c. Persons convicted of treason, sabotage, espionage, giving false testimony and contempt of court as established by the Criminal Code. d. Persons sentenced to a lifetime suspension of civil rights when the Court shall order at sentencing that it be without the possibility of probation. e. Persons who have, in the past year, been convicted of another crime. f. Persons who were on probation at the time of commission of the offense for which they were sentenced. g. Persons who have been sentenced to payment of a fine or forfeiture and who have not yet paid such fine or forfeiture, unless the Court shall find that their release shall make it possible to pay such fine or forfeiture; in which case, 75% of their income shall be taxed to the Court. h. A person who has been sentenced to confinement and has posted in a forum prohibited to him as a result of that confinement. c. A person, who has served ¼ of their sentence, unless otherwise provided in this Act, may make an application to the Justice who rendered their sentence, to grant probation. d. If the Justice who granted the sentence is no longer a Justice, the Application shall be assigned on a rotating basis to another Justice. e. A Justice, in granting probation, shall consider:
b. The nature of the crime for which he was sentenced. c. The interests of the Empire in releasing the Applicant and keeping him confined. d. The behavior of the Applicant since being imprisoned. e. The Ministry of Justice’s opinion. f. A Justice, who grants probation, shall specify:
i. In no case shall the term of probation be less than the amount of time remaining on Defendant’s sentence. ii. In no case shall the term of probation be more than 1 1/3 the amount of time remaining on Defendant’s sentence. b. The conditions of probation. g. The Court may order the Defendant to take such steps as it feels necessary to repair any damage done by his bad acts. h. The Court shall order the Defendant remain law abiding. i. When a Defendant shall violate a condition of probation set forth by the Court, the Court on its own motion or upon a motion by the Ministry of Justice shall determine whether a violation has in fact occurred. j. The Court shall, in determining whether a violation has in fact occurred, conduct proceedings substantially in accord with this Act’s provisions for criminal trial, and may in fact order Defendant held while it determines whether a violation has occurred. k. Upon finding that a violation has occurred, the Court shall determine a sentence. l. The Court may choose, as sentence, to impose additional terms of probation, but release Defendant. m. The Court may choose, as sentence, to order Defendant to complete service of his sentence. n. The Court may choose, as sentence, to order Defendant to serve part of his sentence. ARTICLE 13: PARDON AND COMMUTATION. a. His Imperial Majesty, the Emperor, shall have sole power of pardon and commutation. b. No pardon shall issue prior to the conclusion of the Prosecution’s case. c. In order for the pardon to be effective, the Defendant must accept a pardon, and in so doing, admit guilt. d. A commutation shall state the modification of Defendant’s sentence. e. Any person sentenced to permanent banishment shall only be eligible for commutation to two years or more suspension of civil rights. ARTICLE 14: IMPERIAL ASSENT. This bill shall become law once it has received Imperial Assent. |