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Indictable Offences Act (2020) Draft

L.R.TBD Thaecia Indictable Offences Act (2020)
An Act that sets out the Indictable Offences Act of Thaecia.
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-- Written by Whig121212 --
-- Sponsored by TBD --

PREAMBLE
An act to create indictable offences for in crimes in Thaecia, and regulations around said indictable offences.

1. Regional Property - Areas controled by Thaecia which may include but is not limited to the Discord or, as well as any Forum, Regional Message Board, NationStates Page or any medium under it's de jure, or de facto jurisdiction.

2. Actus reas - The action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused.

3. Mens rea - The intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.

4. Ex post facto - Is a law that retroactively changes the legal consequences or status of actions that were committed, or relationships that existed, before the enactment of the law.

5. Subpoena ad testificandum - A writ ordering a person to attend a court to testify orally.

6. Subpoena duces tecum - A writ ordering a person to attend a court and bring relevant documents.

7. Court - Any judicial body given power(s) in Thaecia under the Constitution or other laws

1. The intent of a committed crime shall be weighed against the actual crime committed

2. No resident shall be banned/ejected unless authorised by this act, or any other lawful powers granted including any relevant administration or moderation powers.

3. No resident shall be convicted of a crime under this act unless the prosecution proves both actus reus and mens rea.

4. All residents shall have the right to legal representation including representing themselves during criminal proceedings.

5. The burden of proof for criminal trials shall be beyond all reasonable doubt.

6. All residents shall have the right through their representative to call witnesses for their defence, and may petition the relevant Court for a subpoena ad testificandum.
a) Any Court may regulate the calling, and conduct of witnesses.

7. All residents shall have the right through their representative to request discovery of evidence against them, especially evidence which is exculpatory, by petitioning the relevant Court for a subpoena duces tecum.

1. Any Court shall have the power to set their own sentencing guidelines, as long as those guidelines do not conflict with any statuary, or constitutional law.

2. The Courts shall have the power of sentencing.
a) The Courts may set down sentences to be either served consecutively or concurrently.
b) The Courts may combine punishments for multiple offences committed.
c) The Courts may set down multiple different types of sentences.
d) The Courts shall have the ability to suspend punishments in part, or in full on condition of good behaviour.
e) If the relevant Court believes that giving a guilty person a conviction would outweigh the crime committed, said Court may hand down a sentence of a discharge without conviction.

3. Any Court shall have the right to:
a) To hear all criminal cases in original jurisdiction or appellant jurisdiction under the powers granted to said Court by Thaecia law;
b) To hand down sentences for crimes under the act;
c) To issue subpoenas;

4. Unless evidence would be extremely sensitive, or would pose a risk to regional property in which case trials and hearings may be held in camera; Courts shall conduct all trials and hearings on publicly visible regional property.

5. Crimes committed whilst following a mandate of the law shall not be punishable within the Courts of Thaecia.

1. The following sentences may be handed down by the Courts as limited by law:
a) Temporary, or permanent bans/ejection from any regional property;
b) Warnings.
c) Public apology;
d) Probation;
e) Community service;
f) Courses created to help with rehabilitation;
g) Post moderation.

1. Everyone is a party to and guilty of crime who:
a) Actually commits the crime; or
b) Does or omits an act for the purpose of aiding any person to commit the crime; or
c) Abets any person in the commission of the crime; or
d) Incites, counsels, or procures any person to commit the crime; or
e) As an accessory after the fact to an crime is one who, knowing any person to have been a party to the crime, receives, comforts, or assists that person or tampers with or actively suppresses any evidence against said persons, in order to enable said persons to escape after arrest or to avoid arrest or conviction.

2. Defence legal representatives are exempt from e) if acting in the lawful defence in an official capacity for their client.

3. All parties are liable to the same level of punishment as the party who actually commits the offence.

4. Every one who, having an intent to commit a crime, does or omits an act for the purpose of accomplishing his or her object, is guilty of an attempt to commit the crime intended, whether in the circumstances it was possible to commit the offence or not.
a) A person who attempts a crime is liable to the same level of punishment as if they committed the crime.

1. The fact that an offender is ignorant of the law is not an excuse for any offence committed by them.

1. Breach of Peace - A person is guilty of this offence if they in or within view of any public place, behaves, or incites, or encourages any person to behave, in a riotous, offensive, threatening, insulting, or disorderly manner that is likely in the circumstances to cause distress to members of the community, this includes but is not limited to:
a) Discriminatory remarks;
b) Flaming;
c) Spamming.

2. Common Assault - A person is guilty of this offence if they engage in actions of hate against another person.

3. Criminal Trespass - A person is guilty of this offence if they post, or message in private property without permission.
a) If a warning exists on the private property, then breach of this should be seen as an aggravating factor.

4. Criminal Defamation - A person is guilty of this offence if they make statements with malicious intent that are untrue which damage(s) the reputation of another person.

5. Criminal Discrimination - A person is guilty of this offence if they consider the following but not limited to as a motivating factor in organised decision making or acts against individuals or group:
a) Race;
b) Gender;
c) Sex;
d) Nationality;
e) Age;
f) Disability;
g) Sexual orientation.

6. Impersonation - The act of wilfully impersonating another person of Thaecia with malicious intent.

7. Aggravated Assault - A person is guilty of this offence if they engage in continuous harassment, stalking, or actions of hate against another person, or if a person illegally deletes an account or and maliciously bans/ejects a person.

8. Hacking - A person is guilty of this offence if they through a hack attempt or do gain unauthorised access to private data, this includes illegally gaining or obtaining other peoples passwords.

9. Harassment - A person is guilty of this offence if they execute any action that is disturbing or threatening in nature, including, but not limited to, threats, stalking, actions of hate, or behaviour that is menacing or intended to cause misery to another person.
a) Any actions of sexual harassment should be seen as an aggravating factor.

10. Doxxing - A person is guilty of this offence if they publish identifying information about a particular individual.
a) Any malicious doxxing should be seen as an aggravating factor.

11. Wilful Damage - A person is guilty of this offence if they do damage to any property such as but not limited to the illegal deleting of posts,
a) A person is immune from section eleven if they were legally exercising their functions as a moderator, or administrator.

1. Treason - A person is guilty of this offence if they commit an action which consists of levying war against Thaecia, or in adhering to their enemies of the realm, or giving aid and comfort to said enemies.

2. Perjury - A person is guilty of this offence if they falsify evidence in a court of law, or wilfully lie under oath or affirmation.

3. Contempt of Court - A person is guilty of this offence if they wilfully attempt to prevent, obstruct, impede, or interfere with, the due exercise of rights or the performance of duties under any order or judgement by the Courts of Thaecia.

4. Leaking of Classified Information - A person is guilty of this offence if they communicate classified information that is classified under law without permission.

5. Obstruction of justice - A person is guilty of this offence if they wilfully obstruct, delay, conceal, or prevent the communication of information relating to a violation, or reasonable suspicion of a violation of any law of Thaecia to an authorised authority.

6. Bribery - A person is guilty of this offence if they offer, or accept anything or service of value to a public official with the intent to corruptly influence an official act, or to collude in an act of fraud; or to violate the lawful duty of such an official.

7. Espionage - A person is guilty of this offence if they engage in spying on Thaecia and/or transfer state secrets on behalf of a foreign entity.

8. Breach of Terms of Service or Terms of Use - A person is guilty of this offence if they commit an action which endangers any property of Thaecia by breaking any terms or service, terms of use, or any such equivalent for an area of regional property.

9. Sabotage - A person is guilty of this offence if they deliberately engage in the wilful and malicious destruction of regional property of Thaecia.

10. Public Indecency - A person is guilty of this offence if they publish the following:
a) Unsavoury or inappropriate items including but not limited to images, website or video links, and text to the World Factbook Entry, or the Regional Flag;
b) Telegrams that display items including but not limited to inappropriate text, links, or images.
c) Regional polls that either asks an obscene question, or has obscene answers, or both.

11. Abuse of Government Office - A person is guilty of this offence if they engage in the use of government powers or institutions in order to promote or oppose a certain party or candidate.

1. This act hereby repeals L.R.008 Thaecia Legal Code.

2. This act becomes law immediately upon the mechanisms provided by the Constitution and any other law of Thaecia.

The Kingdom of Whig121212

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