Minister for Baile na hÁlainn Former President of Talamthom 11/06/04 - 19/06/05 Citizen of Talamthom Knight of Gotzborg and Alexandria DLP
Posts: 2407
(4/10/05 19:20) Reply
Criminal Code Debate: Part IIThe Talamthom Criminal Act (2005).
Part I: Crimes Chapter 1: Crimes Against the Republic
Section 1: Treason
A person who, being a citizen of the Republic: a. does anything tending to destruction of Talamthom or its government; levies war, or does any act preparatory to levy war, against the Republic; b. assists by any means whatever, with intent to assist, an enemy at war with the Republic, whether or not the state of public emergency has been declared; c. assists to another person who is, to his knowledge, guilty of treason in order to enable him to escape punishment; or; d. knowing that a person intends to commit treason, does not give information thereof to a court or to the Attorney-General;
shall be guilty of a crime, called treason, and liable to the punishment of exclusion.
Section 2: Treachery
A person who shall do any act or thing to overthrow the Constitution of the Republic by revolution or sabotage or to overthrow by force or violence the duly established government of the Republic, shall be guilty of a crime, called treachery, and liable to the punishment of exclusion.
Section 3: Sabotage
Any person who carries out an act to destruct any thing, substance or material that is used, or intended to be used, to the defense of the Republic, or to the maintenance of the internal security and public order therein, shall be guilty of a crime, called sabotage, and liable to the punishment of exclusion or of expulsion for a period fixed by the court.
Section 4: Subversion of the Government of the Republic
Any person who, with the intention of causing violence or creating public disorder or public disturbance, says, writes, prints, utters or publishes any words: a. to bring the Republic, the President, the Dail, the Cabinet or any court of law into dangerous degree of contempt that it be considered a threat to the public's best interests; b. to excite disaffection against the government to a degree that it can be considered a threat to the public's best interests; c. to incite the citizens of the Republic to attempt to procure the alteration, otherwise than by lawful means, of any matter established by law of the Republic; d. counsels or advices any person to commit any of the aforesaid acts;
shall be guilty of a crime, called subversion of the government of the Republic, and liable to the punishment of suspension of civil rights for a period fixed by the court.
Section 5: Espionage
Any person who, with an intent prejudicial to the safety or defense of the Republic: a. makes within the territory of the Republic, a sketch, plan or photograph of a place or thing, or a note or document of a thing, that is likely to be, might be or is intended to be directly or indirectly useful to an enemy or a foreign nation; b. obtains, collects, records, uses, has in possession or communicates to another person any information, including an opinion or a report of a conversation, that is likely to be, might be or is intended to be useful to an enemy or a foreign nation; or c. approaches, is in, enters, inspects or passes over a place prohibited by an Act;
shall be guilty of a crime, called espionage, and liable to the punishment of exclusion or of expulsion for a period fixed by the court.
Chapter 2:
Crimes Against Peaceful Relations with Foreign Nations
Section 7: Aggression Against a Foreign Nation
A person who, being a citizen of the Republic or being lawfully present in the Republic, without order or approval of the President, levies war, or does any act preparatory to levy war, against a foreign nation, with the exception of those involved in another nation's military, shall be guilty of a crime, called aggression against a foreign nation, and liable to the punishment of expulsion for a period fixed by the court.
Section 8: Espionage in Prejudice of a Foreign Nation
A person who, being a citizen of the Republic or being lawfully present in the Republic, commits, in favor of a foreign nation and in prejudice of another foreign nation any of the acts defined in the Chapter 1 Section 6, shall be guilty of a crime, called espionage in prejudice of a foreign nation, and liable to the punishment of suspension of civil rights for a period fixed by the court.
Chapter 3:
Crimes Against The Administration of Justice
Section 9: Definitions
For the purposes of this Chapter: a. the word "Judge" includes the Lord Chief Justice, a Judge of the High Court and a Magistrate; b. the words "judicial proceeding" means a proceeding in or before the High Court, or any division thereof, or the Magistrate Court.
Section 10: Judicial Corruption
A person who, being a Judge, asks, receives, obtains, or agrees or attempts to receive or obtain, any benefit of any kind for himself or any other person, on account of anything already done or omitted to be done or to be afterwards done or omitted to be done by him in his judicial capacity shall be guilty of a crime, called judicial corruption, and liable to the punishment of exclusion.
Section 11: Giving False Testimony
A person who, in any judicial proceeding or for the purposes of instituting a judicial proceeding, knowingly gives false testimony touching any matter shall be guilty of a crime, called giving false testimony, and liable to the punishment of suspension of civil rights for a period fixed by the court.
Section 12: Corruption or Intimidation of Witnesses
A person who: a. threatens, intimidates, restrains, uses or causes the use of violence to or inflicts an injury on a person called or to be called as a witness in a judicial proceeding; or b. gives or offers to give a benefit of any kind to such a person in contreprestation to giving false testimony or withhold true testimony in a judicial proceeding;
shall be guilty of a crime, called corruption or intimidation of witness, and liable to the punishment of suspension of civil rights for a period fixed by the court.
Section 13: Destroying Evidence
A person who, knowing that a thing of any kind is or may be required in evidence in a judicial proceeding, willfully destroys or renders it illegible or incapable of identification, shall be guilty of a crime, called destroying evidence, and liable to the punishment of suspension of civil rights for a period fixed by the court or of a forfeiture.
Section 14: Contempt of the Court
A person who, during of or in relation to a judicial proceeding, says, writes, prints, utters or publishes any words to bring a court into contempt, shall be guilty of a crime, called contempt of the court, and liable to the punishment of forfeiture.
Section 15: Attempting to Pervert Justice
A person who attempts, in any way not specially defined in this Act, to obstruct, prevent, pervert, or defeat, the course of justice in relation to the judicial power of the Republic, shall be guilty of a crime, called attempting to pervert justice, and liable to the punishment of suspension of civil rights for a period fixed by the court or of a forfeiture.
Chapter 4:
Crimes Against the Economy
Section 16: Forgery
A person who makes or utters a false document representing any amount of the national currency units of the Republic shall be guilty of a crime, called forgery, and liable to the punishment of suspension of civil rights for a period as may be fixed by the court.
Section 17: Stealing National Property
A person who fraudulently takes any thing of any kind, including money, from the possession of the Republic or any authority of the government of the Republic or any legal person that is created by an Act, shall be guilty of a crime, called stealing national property, and liable to the punishment of suspension of civil rights for a period as may be fixed by the court.
Section 18: Exploitation
A person who: a. exploits the flaws of any banking system used by the Republic; b. exploits the labour of minors, those deemed unable to make an informed decision themselves or those at danger of physical violence; or c. in any other immoral fashion exploits anything else;
For the sole purpose of gaining money, shall be guilty of a crime, called exploitation, and liable to the punishment of suspension of civil rights for a period fixed by the court.
Chapter 5:
Crimes Against Different Persons
Section 19: Using Another's Name
A person who, uses the name of another person with the intent of causing deception or defamation of character, shall be guilty of a crime, called using another’s name, and liable to the punishment of suspension of civil rights for a period fixed by the court.
Section 20: Using False Identity
A person who, in order to cause a mistake of another person, uses a name, or declares to have a character, that is not his own, shall be guilty of a crime, called using false identity, and liable to the punishment of suspension of civil rights for a period fixed by the court or of forfeiture.
Section 21: Theft
A person who takes into his possession any thing of any kind, including money, that belongs to another person, unless such an act is made in execution of a law or a contract, shall be guilty of a crime, called theft, and liable to the punishment of suspension of civil rights for a period fixed by the court.
Section 22: Fraud
A person who commits the act defined in the precedent section in taking a thing that is entrusted to him by another person shall be guilty of a crime, called fraud, and liable to the punishment of suspension of civil rights for a period fixed by the court.
Chapter 6:
Conspiracy
Section 23: Conspiracy
If two or more persons agree to commit any crime defined in this Act, but the intended crime shall not be committed, each of these persons shall be guilty of a crime, called conspiracy, and liable to the same punishment that is prescribed by this Act for the crime they have agreed to commit.
Part II: Punishments
Section 24: Exclusion
The punishment of exclusion produces the effect that the person sentenced thereto shall, on a day on which the punishment is executed by order of the court, cease to be a citizen of Talamthom and be barred for life from being so.
Section 25: Expulsion
The punishment of exclusion produces the effect that the person sentenced thereto shall, on a day on which the punishment is executed by order of the court, cease to be a citizen of Talamthom.
Section 26: Suspension of Civil Rights
The punishment of suspension of civil rights produces the effect that the person sentenced thereto is not, during the term for which the punishment is sentences, able to exercise: a. general civil rights; b. right to vote, to be elected or to hold a public office under the Constitution or any Act; c. right to be a member of a political party.
Where the punishment of suspension of civil rights is sentenced, the court may at the same time order that the property of the person sentenced to that punishment be confiscated by and in favor of the Republic.
Section 27: Forfeiture
The punishment of forfeiture produce the effect that the person sentenced thereto is bound to pay to the Republic such amount of money as the court fixes.
Part III: Force of Law
Section 28: Force of Law
This Act shall come into force on a day on which it receives the assent of the Dáil and the President's signature.
[Edit: you had a pasting error/typo in the espionage section.]
[Edit: Changed 4a and 4b to what I believe to be a more agreeable wording]
[Edit: Changed the word 'excite' to 'incite' in section 4b.]Edited by: Thomas O Ceallaigh at: 5/10/05 15:43
Minister for Baile na hÁlainn Former President of Talamthom 11/06/04 - 19/06/05 Citizen of Talamthom Knight of Gotzborg and Alexandria DLP
Posts: 2408
(4/10/05 19:22) Reply
Re: Criminal Code Debate: Part II
This incorporates Edgards ideas and Ben's proposed changes. I think it makes for an acceptable little bit of legislation.
_________________________________________
Tomás Seosamh Ó Ceallaigh,
Foreign and Overseas Territories Minister, Poblacht na Tománn.
Uachtarain na Tománn
President of Talamthom DLP
Posts: 486
(5/10/05 14:41) Reply
Re: Criminal Code Debate: Part II
I just feel our citizens should be able to express as much dissatisfaction with the government as they wish, and they should also be able to recruit others to their cause. 4.a and 4.b feel to me as though they could still potentially pose a threat to this freedom of speech/opposition.
It would come down to interpretation really. But if it were ever used to shut up an irritating whiner (for example, if we had used something like it to silence old Vindrus), it could set a very dangerous prescedent.
I don't have a solution for you though, I'm afraid. So I suppose I should shut up or put up, right? ;-)
Minister for Baile na hÁlainn Former President of Talamthom 11/06/04 - 19/06/05 Citizen of Talamthom Knight of Gotzborg and Alexandria DLP
Posts: 2423
(5/10/05 15:41) Reply
Re: Criminal Code Debate: Part II
I have edited those clauses in the above text so that they now read;
Quote:a. to bring the Republic, the President, the Dail, the Cabinet or any court of law into dangerous degree of contempt that it be considered a threat to the public's best interests; b. to incite disaffection against the government to a degree that it can be considered a threat to the public's best interests;
I feel this indicates the degree of instability that has to be created in order to levvy such a charge, yet, is still reletively open to interpretation. Therefore anyone wishing to post something in the Independent for example that went against the government wouldn't be banged-up for expressing their opinions.
_________________________________________
Tomás Seosamh Ó Ceallaigh,
Foreign and Overseas Territories Minister, Poblacht na Tománn.
Re: Criminal Code Debate: Part II
Yes, these amendments are pretty good. Now, anything else? We should also begin codifying the nation's laws... it's time for Talamthom to assemble a Civil Code and a Criminal Code of Laws... don't you think?
Minister for Baile na hÁlainn Former President of Talamthom 11/06/04 - 19/06/05 Citizen of Talamthom Knight of Gotzborg and Alexandria DLP
Posts: 2428
(6/10/05 14:15) Reply
Re: Criminal Code Debate: Part II
Not being a law buff could you explain this idea more explicitly?
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Tomás Seosamh Ó Ceallaigh,
Foreign and Overseas Territories Minister, Poblacht na Tománn.
Re: Criminal Code Debate: Part II
Sorry, going back to the freedom of speech issue, which appears to be one about public order. We'd be on much safer ground if we made an offence of incitement to breach of the peace. This protects the right of every citizen to criticise their government, whilst protecting the public from rabble-rousing troublemakers. To this extent, we simply have to make breach of the peace the relevant offence, and possess the offence of incitement to break the law, with sentencing tariffs set according to the crime incited.
Minister for Baile na hÁlainn Former President of Talamthom 11/06/04 - 19/06/05 Citizen of Talamthom Knight of Gotzborg and Alexandria DLP
Posts: 2430
(6/10/05 21:38) Reply
Re: Criminal Code Debate: Part II
Does someone want to formulate a clause to go into this code of law bill with relation to breech of the peace? I would but Ben and Eddy have done a better job of it so far!
_________________________________________
Tomás Seosamh Ó Ceallaigh,
Foreign and Overseas Territories Minister, Poblacht na Tománn.
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