Library:New Judicial Procedure Act - Revision history

New Republic: Galen Darksol - edit per http://forum.new-republic.net/viewtopic.php?f=48&t=16952&p=201198#p201187

2019-10-12T20:44:50Z

Galen Darksol - edit per http://forum.new-republic.net/viewtopic.php?f=48&t=16952&p=201198#p201187

New Republic: /* Article II: CHARGES */ Galen Darksol - add breaks for section 6

2018-02-11T03:40:46Z

Article II: CHARGES: Galen Darksol - add breaks for section 6

Darcks Galvan: /* Article VII: SENTENCE */

2017-12-07T18:46:05Z

Article VII: SENTENCE

Darcks Galvan: /* Article V: DELIBERATION AND VERDICT */

2017-12-07T18:45:48Z

Article V: DELIBERATION AND VERDICT

Darcks Galvan: /* Article IV: TRIAL */

2017-12-07T18:45:16Z

Article IV: TRIAL

Darcks Galvan: /* Article III: PRE-TRIAL */

2017-12-07T18:42:50Z

Article III: PRE-TRIAL

Darcks Galvan: /* Article II: CHARGES */

2017-12-07T18:42:05Z

Article II: CHARGES

Darcks Galvan: /* Article I: INTRODUCTION */

2017-12-07T18:41:13Z

Article I: INTRODUCTION

Darcks Galvan: Created page with "==Article I: INTRODUCTION== 1. Legal proceedings of the New Republic Justice Department (NRJD) follow this Act except for: 1.1. Trials of the Advisory Council and other proce..."

2017-12-07T02:22:43Z

Created page with "==Article I: INTRODUCTION== 1. Legal proceedings of the New Republic Justice Department (NRJD) follow this Act except for: 1.1. Trials of the Advisory Council and other proce..."

New page

==Article I: INTRODUCTION==

1. Legal proceedings of the New Republic Justice Department (NRJD) follow this Act except for:
1.1. Trials of the Advisory Council and other procedures defined by the New Republic (NR) Constitution;
1.2. Trials subject to the Code of Military Justice (CoMJ);
1.3. Treaties outside of NR jurisdiction;

2. New Republic jurisdiction applies:
2.1. In New Republic territory or that of its citizens;
2.2. To crimes committed against NR property or that of its citizens.

3. In all judicial proceedings, the general principles of law, justice, and democracy must prevail.

==Article II: CHARGES==

4. Judges issue warrants and investigators perform arrests per the Warrant and Bond Act.
4.1. The investigator or other accuser must submit formal charges within five (5) days of an attempted or successful arrest of any sentient who is not an enemy of the New Republic.

5. Except for Special Cases, the following may submit formal charges to the NRJD:
5.1. A NR citizen of at least C-1 rank;
5.2. A NR citizen acting as temporary replacement of their direct C-1 supervisor;
5.3. A NR Senator;
5.4. A NR citizen authorized by a majority vote of the Senate;
5.5. Any leader or second-in-command of a NR Private Sector Affiliate;
5.6. Special Cases:
5.6.1. The Associate Minister of Justice (AMoJ) and judges may not submit charges;
5.6.2. Only the Chief of State (CoS) or the Senate may submit charges against the AMoJ.

6. When submitting formal charges:
6.1. The accuser must cite the specific provisions of the criminal code in question;
6.2. The accuser must provide evidence or justification for each provision.

7. Within ten (10) days of receiving formal charges, the following must review the charges and supporting evidence or justification:
7.1. For charges against the AMoJ or a member of the NRJD: The Minister of State (MoS) and the Director or the Deputy Director of NRI;
7.2. For charges against a member of NRI: the CoS and the AMoJ;
7.3. Tor all other charges: the AMoJ and the Director or Deputy Director of NRI.

8. Within fourteen (14) days of receiving formal charges, the AMoJ must announce if the charges merit a trial.
8.1. When charges do not merit a trial, the AMoJ must announce in public forum: the department of the accuser, the name of the accused, the charges, and a summary why the charges do not merit a trial;
8.2. When charges do merit a trial, the AMoJ must announce in public forum: the department of the accuser, the name of the accused, the charges, and the names of three (3) eligible judges to oversee the trial.

==Article III: PRE-TRIAL==

9. The NR Constitution governs the selection of judges, prosecutor, and defender.

10. The trial judges must declare the name of the presiding judge at least three (3) days prior to trial.
10.1. The judges may select a new presiding judge at any time;
10.2. The AMoJ may change a trial judge but must offer an optional recess of at least three (3) days.

11. The AMoJ must declare the name of the prosecutor at least three (3) days prior to trial.
11.1. The AMoJ may change the prosecutor at any time.

12. The defendant may select or change their defender at any time.
12.1. In cases of death or verified disability, a relative or AMoJ-appointed defender may act on the defendant’s behalf;
12.2. If the defendant does not or refuses to select a defender, the AMoJ will appoint a defender to act on the defendant’s behalf.

13. The NR Constitution governs the presentation of evidence before a trial.
13.1. The AMoJ must declare all submitted evidence at least three (3) days prior to trial;
13.2. The AMoJ must declare the names of potential witnesses at least three (3) days prior to trial;
13.3. The defendant may declare their plea or remain silent.

14. Prior to trial, the presiding judge must confirm the following:
14.1. The trial judges approved the evidence and potential witnesses;
14.2. The prosecutor and defender received all evidence and names of potential witnesses;
14.3. The charges, evidence, potential witnesses, and defendant’s plea merit a trial.
14.4. All proceedings followed the NR Constitution and this Act.

==Article IV: TRIAL==

15. The NR Constitution governs public access to trials and judicial proceedings.
15.1. For closed trials or proceedings, the Director of NRI must briefly explain the decision to the AC and Senate.

16. At any time, the defendant may confess some or all crimes to the judges.
16.1. For full confessions, the judges may terminate the trial and advance to verdict.
16.2. For partial confessions, the judges may amend the trial schedule.

17. The presiding judge directs the trial in the following order:

17.1. Introduction by presiding judge.

17.2. Presentation of charges and evidence by prosecution.
17.2.1. Testimony of prosecution witnesses;
17.2.2. Cross-examination by defender.

17.3. Presentation of evidence by defender.
17.3.1 Testimony of defence witnesses;
17.3.2. Cross-examination by prosecutor.

17.4. Judicial Inquiry, such as request for:
17.4.1. Additional information;
17.4.2. Additional testimony of any witnesses;
17.4.3. Testimony from new witnesses (e.g., experts).

17.5. Concluding remarks by defender.
17.5. Concluding remarks by prosecutor.

18. Prior to giving testimony, witnesses must announce in court their:
18.1. Name,
18.2. Relation to the defendant,
18.3. Profession, and
18.4. Oath of intent to speak the truth.

19. Prosecutors, defense, or judges may object to questions or answers presented during trial.
19.1. A majority of the judges may redact any questions or answers.

20. The presiding judge may adjourn the trial:
20.1. For no more than seven (7) days at the request of the prosecutor or defender;
20.2. For no more than three (3) days in the absence of a request.

21. Trial participants must act with respect during the trial.
21.1. Participants may not insult, demean, or abuse other participants;
21.2. Participants may not willfully delay or disrupt the trial;
21.3. For defendants not detained, a judge may issue a warrant for their arrest during the trial.

22. The presiding judge must confirm the following at the conclusion of trial:
22.1. All proceedings followed the NR Constitution and this Act.

==Article V: DELIBERATION AND VERDICT==

23. The presiding judge must declare the start of deliberation.
23.1. After seven (7) days, the judges must provide an update on the deliberation;
23.2. The judges must declare their verdict within fourteen (14) days from the start of deliberation.

24. The judges may consider other charges not filed prior to trial.
24.1. The judges may not consider charges for evidence not presented during trial.

25. Guilty verdicts require:
25.1. A unanimous decision for serious crimes with a penalty of imprisonment of greater than six (6) months;
25.2. A majority decision for all other crimes.

==Article VI: APPEAL AND REVIEW==

26. The NR Constitution governs the review of appeals by the CoS.

==Article VII: SENTENCE==

27. The judges must apply sentences per the Criminal Code.
27.1. For each sentence:
27.1.1. The presiding judge must cite the specific provisions of the criminal code;
27.1.2. The presiding judge may provide justification for any verdict for serious crimes.

@@ Line 34: / Line 34: @@
 <br/>
 .5. Any leader or second-in-command of a NR Private Sector Affiliate;
 <br/>
@@ Line 48: / Line 42: @@
 . Within ten (10) days of receiving formal charges, the following must review the charges and supporting evidence or justification:
 <br/>
-.1. For charges against the AMoJ or a member of the NRJD: The Minister of State (MoS) and the Director or the Deputy Director of NRI;
+.1. For charges against a member of the NRJD: The Minister of State (MoS) and the Director or the Deputy Director of NRI;
 <br/>
-.2. For charges against a member of NRI: the CoS and the AMoJ;
+.2. For charges against a member of NRI: the CoS and the Minister of State;
 <br/>
-.3. Tor all other charges: the AMoJ and the Director or Deputy Director of NRI.
+.3. Tor all other charges: the Presiding Judge and the Director or Deputy Director of NRI.
-. Within fourteen (14) days of receiving formal charges, the AMoJ must announce if the charges merit a trial.
+. Within fourteen (14) days of receiving formal charges, the Presiding Judge must announce if the charges merit a trial.
 <br/>
-.1. When charges do not merit a trial, the AMoJ must announce in public forum: the department of the accuser, the name of the accused, the charges, and a summary why the charges do not merit a trial;
+.1. When charges do not merit a trial, the Presiding Judge must announce in public forum: the department of the accuser, the name of the accused, the charges, and a summary why the charges do not merit a trial;
 <br/>
-.2. When charges do merit a trial, the AMoJ must announce in public forum: the department of the accuser, the name of the accused, the charges, and the names of three (3) eligible judges to oversee the trial.
+.2. When charges do merit a trial, the Presiding Judge must announce in public forum: the department of the accuser, the name of the accused, the charges, and the names of three (3) eligible judges to oversee the trial.
 ==Article III: PRE-TRIAL==

@@ Line 41: / Line 41: @@
 .6.2. Only the Chief of State (CoS) or the Senate may submit charges against the AMoJ.
 <br/>
 . When submitting formal charges:
-.1. The accuser must cite the specific provisions of the criminal code in question;
+. When submitting formal charges:<br/>
-.2. The accuser must provide evidence or justification for each provision.
+.1. The accuser must cite the specific provisions of the criminal code in question;<br/>
 . Within ten (10) days of receiving formal charges, the following must review the charges and supporting evidence or justification:

@@ Line 194: / Line 194: @@
 . The judges must apply sentences per the Criminal Code.
 .1. For each sentence:
 .1.1. The presiding judge must cite the specific provisions of the criminal code;
 .1.2. The presiding judge may provide justification for any verdict for serious crimes.

@@ Line 172: / Line 172: @@
 . The presiding judge must declare the start of deliberation.
 .1. After seven (7) days, the judges must provide an update on the deliberation;
 .2. The judges must declare their verdict within fourteen (14) days from the start of deliberation.
 . The judges may consider other charges not filed prior to trial.
 .1. The judges may not consider charges for evidence not presented during trial.
 . Guilty verdicts require:
 .1. A unanimous decision for serious crimes with a penalty of imprisonment of greater than six (6) months;
 .2. A majority decision for all other crimes.

@@ Line 100: / Line 100: @@
 . The NR Constitution governs public access to trials and judicial proceedings.
 .1. For closed trials or proceedings, the Director of NRI must briefly explain the decision to the AC and Senate.
 . At any time, the defendant may confess some or all crimes to the judges.
 .1. For full confessions, the judges may terminate the trial and advance to verdict.
 .2. For partial confessions, the judges may amend the trial schedule.
@@ Line 111: / Line 114: @@
 .2. Presentation of charges and evidence by prosecution.
 .2.1. Testimony of prosecution witnesses;
 .2.2. Cross-examination by defender.
 .3. Presentation of evidence by defender.
 .3.1 Testimony of defence witnesses;
 .3.2. Cross-examination by prosecutor.
 .4. Judicial Inquiry, such as request for:
 .4.1. Additional information;
 .4.2. Additional testimony of any witnesses;
 .4.3. Testimony from new witnesses (e.g., experts).
 .5. Concluding remarks by defender.
 .5. Concluding remarks by prosecutor.
 . Prior to giving testimony, witnesses must announce in court their:
 .1. Name,
 .2. Relation to the defendant,
 .3. Profession, and
 .4. Oath of intent to speak the truth.
 . Prosecutors, defense, or judges may object to questions or answers presented during trial.
 .1. A majority of the judges may redact any questions or answers.
 . The presiding judge may adjourn the trial:
 .1. For no more than seven (7) days at the request of the prosecutor or defender;
 .2. For no more than three (3) days in the absence of a request.
 . Trial participants must act with respect during the trial.
 .1. Participants may not insult, demean, or abuse other participants;
 .2. Participants may not willfully delay or disrupt the trial;
 .3. For defendants not detained, a judge may issue a warrant for their arrest during the trial.
 . The presiding judge must confirm the following at the conclusion of trial:
 .1. All proceedings followed the NR Constitution and this Act.

@@ Line 64: / Line 64: @@
 . The trial judges must declare the name of the presiding judge at least three (3) days prior to trial.
 .1. The judges may select a new presiding judge at any time;
 .2. The AMoJ may change a trial judge but must offer an optional recess of at least three (3) days.
 . The AMoJ must declare the name of the prosecutor at least three (3) days prior to trial.
 .1. The AMoJ may change the prosecutor at any time.
 . The defendant may select or change their defender at any time.
 .1. In cases of death or verified disability, a relative or AMoJ-appointed defender may act on the defendant’s behalf;
 .2. If the defendant does not or refuses to select a defender, the AMoJ will appoint a defender to act on the defendant’s behalf.
 . The NR Constitution governs the presentation of evidence before a trial.
 .1. The AMoJ must declare all submitted evidence at least three (3) days prior to trial;
 .2. The AMoJ must declare the names of potential witnesses at least three (3) days prior to trial;
 .3. The defendant may declare their plea or remain silent.
 . Prior to trial, the presiding judge must confirm the following:
 .1. The trial judges approved the evidence and potential witnesses;
 .2. The prosecutor and defender received all evidence and names of potential witnesses;
 .3. The charges, evidence, potential witnesses, and defendant’s plea merit a trial.
 .4. All proceedings followed the NR Constitution and this Act.

@@ Line 2: / Line 2: @@
 . Legal proceedings of the New Republic Justice Department (NRJD) follow this Act except for:
 .1. Trials of the Advisory Council and other procedures defined by the New Republic (NR) Constitution;
 .2. Trials subject to the Code of Military Justice (CoMJ);
 .3. Treaties outside of NR jurisdiction;
 . New Republic jurisdiction applies:
 .1. In New Republic territory or that of its citizens;
 .2. To crimes committed against NR property or that of its citizens.