An Act that sets out the Indictable Offences Act of Thaecia.
An act to create indictable offences for crimes in Thaecia, and regulations around said indictable offences.
Congress hereby agrees,
2. Actus reas - Conduct that was a voluntary criminal act, as opposed to the criminal intent of the accused.
3. Mens rea - The intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the conduct of the accused.
4. Ex post facto - Is a law that retroactively changes the legal consequences of actions that were committed before the enactment of the law.
5. 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. Any Court must only convict if they are sure of the defendant's guilt.
6. All residents shall have the right through their representative to call witnesses for their defence.
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.
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 if all offenses in question were commited by the same individual or group of individuals.
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; only the High Court may decide to unban someone.
e) If the relevant Court believes that giving a guilty person a conviction would outweigh the crime committed, said Court may hand down a discharge without conviction.
3. Any Court shall have the right to:
a) hear all criminal cases in original jurisdiction or appellate jurisdiction under the powers granted to said Court by Thaecian law;
b) hand down sentences for crimes under the act;
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.
a) Temporary, or permanent bans/ejection from any regional property;
c) Public apology;
e) Post moderation.
a) 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 conviction or to avoid conviction.
2. Defence legal representatives are exempt from e) if only 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 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.
2. Common Assault - A person is guilty of this offence if they engage in actions of hate against another person.
3. Criminal Defamation - A person is guilty of this offence if they make statements with malicious intent that are untrue which damages the reputation of another person.
4. Impersonation - The act of wilfully impersonating another person of Thaecia. The intention of gaining something from impersonation is not necessary for the act to be considered a crime.
5. Willful 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 five if they were legally and rightfully so exercising their functions as a moderator, or administrator.
6. Violation of A Contract - A person is guilty of this offence if they break the terms of a legally binding contract which the citizen in question has signed.
7. Spamming - A person is guilty of this offence if they repeatedly post messages that do not add even minimal value to a discussion outside of an area specifically designated for such messages.
8. Blackmail - A person is guilty of this offence if they obtain or attempt to obtain any substantive favour from another person under threats to release information about that person that is not widely known in Thaecia.
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, or do any or both of these things in an official hearing.
3. Contempt of Court - A person is guilty of this offence if they willfully 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 which is integral to the safety or otherwise well being of the region 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 any thing 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. Sabotage - A person is guilty of this offence if they deliberately engage in the willful and malicious destruction of regional property of Thaecia, or deliberately attempt to undermine the region or it's functioning.
9. 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. Regional communications officers may send out campaign telegrams to the region, if they send out recruitment telegrams with the equivalent number of stamps that would have been sent in their campaign.
10. Voter Fraud - Creating puppets to vote for a specific candidate, or in any way attempting to hinder the democratic and electoral process of the region.
11. Unlawful Representation - A person is guilty of this offence if they represent or attempt to represent the Thaecian government in foreign regions without having the authority to do so.
1. The following shall be designated as High Crimes:
Treason, Espionage, Sabotage, Voter Fraud;
For High Crimes, there is no Statute of Limitations, and punishments may be issued up to an indefinite ban.
2. The following shall be designated as Felonies:
Perjury, Contempt of Court, Leaking of Classified Information, Bribery, Abuse of Government Office, Criminal Defamation, Blackmail, Impersonation, Unlawful Representation, Willful Damage;
For Felonies, the Statute of Limitations is 180 days, and punishments may be issued up to an eight (8) month ban.
3. The following shall be designated as Misdemeanours:
Breach of Peace, Common Assault, Obstruction of Justice;
For Misdemeanours, the Statute of Limitations is 60 days, and punishments may be issued up to a three (3) month ban.
4. The following shall be designated as Infractions:
Spamming, Violation of A Contract;
For Infractions, the Statute of Limitations is 10 days, and punishments may be issued up to a two (2) week ban.