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Edgard Portela
Tománnach Citizen
Inde.

Posts: 175
(23/9/05 15:52)
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Re: Criminal Code for our Republic
The Slobovian Criminal Code is also good as well...

MY BLOG - leave a comment, you lazy... argh.

Edited by: Edgard Portela at: 23/9/05 16:02
Prime Minister Mark Thomas Prendergast
Prime Minister
Minister At-Large
Party Leader
DLP

Posts: 1426
(23/9/05 16:27)
Reply

Re: Criminal Code for our Republic
I was only joking!:(

Regards,
____________________________
Mr. Mark T. Prendergast,
Prime Minister of Talamthom,
Minister for Co. Talamayo,
Leinster House,
Republic of Talamthom.

Thomas O Ceallaigh 
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: 2340
(23/9/05 16:42)
Reply

Re: Criminal Code for our Republic
Well so we have a variety of sources to look at - has anyone come up with any solid ideas of there own yet?

_________________________________________
Tomás Seosamh Ó Ceallaigh,
Foreign and Overseas Territories Minister,
Poblacht na Tománn.

Prime Minister Mark Thomas Prendergast
Prime Minister
Minister At-Large
Party Leader
DLP

Posts: 1429
(23/9/05 20:58)
Reply

Re: Criminal Code for our Republic
Pendy is above the law.

Regards,
____________________________
Mr. Mark T. Prendergast,
Prime Minister of Talamthom,
Minister for Co. Talamayo,
Leinster House,
Republic of Talamthom.

graius 
Member
Posts: 10
(27/9/05 15:28)
Reply

Re: Criminal Code for our Republic
Worth pointing out here that in Law, Homicide is simply the killing of a person by another person, and is not always illegal. Homicide can be broken down broadly into murder, manslaughter and justifiable homicide, and the Criminal Code should make such a distinction.

Edgard Portela
Tománnach Citizen
Inde.

Posts: 178
(28/9/05 13:15)
Reply

Re: Criminal Code for our Republic
Quote:
Section 1: Citation
This Act may be cited as the Talamthom Criminal Act, 2005.

Part I: Crimes
Chapter 1
Crimes Against the Republic


Section 2: 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 3: 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 4: 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: 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 5: 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 contempt;
b. to excite disaffection against the government;
c. to excite 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 6: 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, 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.

Section 9: Contempt of a Foreign Ruler
A person who, being a citizen of the Republic or being lawfully present in the Republic, says, writes, prints, utters or publishes any words to bring a head of a foreign nation (other than an enemy foreign nation) into contempt shall be guilty of a crime, called contempt of a foreign ruler, and liable to the punishment of forfeiture.

Chapter 3
Crimes Against The Administration of Justice


Section 10: 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 11: 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 12: 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 13: 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 14: 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 15: 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 16: 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 17: 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 18: 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 19: Exploitation
A person who:
a. exploits the flaws of any banking system used by the Republic;
b. exploits the non-conceptual labor of others; 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 20: Using Another's Name
A person who, without the consent of another person, uses the name of such person, 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 21: 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 22: 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 23: 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 24: 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 25: 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 26: 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 27: 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 28: 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 29: Force of Law
This Act shall come into force on a day on which it receives the President's approval.

MY BLOG - leave a comment, you lazy... argh.

graius 
Member
Posts: 15
(28/9/05 14:57)
Reply

Re: Criminal Code for our Republic
It's good, but I think it needs some alterations:

Chapter 2, Section 7 - what about citizens of foreign micronations taking part in wars in their capacity as members of other micronations? For example, I command the Military of Treithar, yet under this law I could be prosecuted for acts of war undertaken in that capacity.

Chapter 2, Section 9 - we should be free to criticise the heads of other states, and this law would undermine our right to freedom of speech.

In Chapter 4, Section 19b the wording is extremely vague and could be used to promote a political agenda. To prevent misuse here it should be made extremely clear what is meant by the "exploitation of labour by others", since a marxist will have a very different definition to a liberal.

As for Chapter 5, Section 20, this all depends on the intent. I know that there's more than one Benjamin Gray out there in the world, and there's a good chance that someone out there in the world will change their name to that of someone else. This is harmless so long as the change is done openly and without malice. The Bill should therefore be altered to take account of the intent here.

Thomas O Ceallaigh 
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: 2359
(28/9/05 19:23)
Reply

Re: Criminal Code for our Republic
Good work but i do agree with Ben's ideas for changes.

_________________________________________
Tomás Seosamh Ó Ceallaigh,
Foreign and Overseas Territories Minister,
Poblacht na Tománn.

Prime Minister Mark Thomas Prendergast
Prime Minister
Minister At-Large
Party Leader
DLP

Posts: 1453
(30/9/05 23:46)
Reply

Re: Criminal Code for our Republic
Yeah Bens got a point I wanna be able to voice my opinion of high ranking dick heads without fear of prosecution.

Regards,
____________________________
Mr. Mark T. Prendergast,
Prime Minister of Talamthom,
Minister for Co. Talamayo,
Leinster House,
Republic of Talamthom.

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