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Bill: In Debate Criminal Classifications Act 2.0

W4RP4TH

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Author: Lysander Lyon
Sponsor: Siege Stormbringer, MP
Type: Act of Parliament

A
BILL
TO

Establish Classifications of Crimes


Preamble: This bill re-clarifies the Ministry of Justice’s authority around arrests.


1. Short Title
(a) This bill shall be referred to as the "Criminal Classifications Act 2.0".
(b) This bill was proposed by Siege Stormbringer.

2. Classifications
(a
) Murder, theft (where recorded by the plugin), trespassing, and bank robbery, shall be Class 1 Misdemeanors.
(b) Unauthorized company land transfer, enterprise tax evasion, stock manipulation, perjury, contempt of court, violation of a court order, financial institution tax evasion, and contempt of Parliament shall be classified as Class 2 Misdemeanors.
(c) Assault, threats of harm, incitement, resisting arrest, obstruction of justice, unlawful assembly, selling of prohibited items, and trafficking of prohibited items, shall be Class 3 Misdemeanors.
(d) All other crimes (corruption, bribery, treason, criminal fraud, electoral fraud - misrepresentation, electoral fraud - false voting, coercive behavior, electoral dissuasion, undermining democracy) are not classified as misdemeanors.

3. Class 1 Enforcement
(a)
Individuals with an in-game warrant for a Class 1 Misdemeanor may be arrested and punished without a trial.
(i) The Ministry of Justice may create and assign warrants for trespassing, so long as there is evidence to substantiate the report, like a screenshot of the trespasser on the property, and for bank robbery, so long as only one suspect is shown by the plugin. These are valid warrants to execute for a Class 1 Misdemeanor, but the warrant must be approved by the Minister of Justice before being valid to enforce.
(ii) Police are still authorized to remove an individual from the property during a trespassing dispute.

4. Class 2 Enforcement
(a)
Class 2 Misdemeanors are ordered by another party than the Ministry of Justice. Any individual seeking to challenge the enforcement of this class of misdemeanor must challenge it with the entity who orders the Ministry of Justice to enforce the punishment.
(i) Unauthorized company land transfer punishments shall be enforced in accordance with the Ministry of Urban Development.
(ii) Enterprise tax evasion (so long as the fine is no more than $5,000), stock manipulation, and financial institution tax evasion punishments shall be enforced in accordance with the Ministry of Economic Affairs.
(iii) Perjury, contempt of court, and violation of a court order shall be enforced in accordance with a court order, or in accordance with the government agency being lied to in the case of perjury.
(iv) Contempt of Parliament shall be enforced in accordance with a parliamentary order.

5. Class 3 Enforcement
(a)
Individuals with a Class 3 Misdemeanor shall receive a citation issued by the Ministry of Justice. The citation shall be made in a publicly accessible channel within the Ministry of Justice server, and the individual being cited should be notified via either Discord ping in the Ministry server with the citation, or via a mailer in-game.
(b) Individuals shall have 72 hours from the issuance of a citation, or from the time they were notified if there is a gap in notification, to respond in the citation channel and say they wish to contest the citation.
(c) If an individual wishes to contest the citation, a channel will be opened for evidence contesting the citation to be submitted. Only officials ranked Captain or higher (such as Ministry leadership) may be present to review the citation challenge, and one official shall be assigned to handle the challenge.
(d) If an individual does not contest the citation within the 72 hour time period, the Ministry of Justice shall authorize an in-game warrant for the arrest / punishment of the individual for the Class 3 Misdemeanor, which may not be contested or challenged with the Ministry or in court.
(e) If the evidence submitted to challenge the citation establishes a reasonable doubt that the individual is guilty, the citation will be dismissed. If the evidence does not establish a reasonable doubt, the citation will have its warrant issued in-game and the punishment enacted.
(f) If the official presiding over the challenge was not the Minister or Deputy Minister, the individual receiving the citation will be asked if they wish to appeal, which shall have a $500 fine to discourage frivolous appeals.
(i) This fine may be raised by the Ministry at their discretion to no more than $1,500, if appeals are a consistent request.
(g) The Minister or Deputy Minister will review the challenge, and either uphold or reject the official’s determination, which shall be the final decision on the matter. There may not be any legal challenge to the determination made by the Ministry of Justice for a citation.

6. Other Crimes
(a) All other crimes not classified as misdemeanors (the crimes listed in 1d) should be litigated, and only have punishments enforced after a guilty verdict is issued.

7. Evidentiary Standards
(a) Warrants automatically issued by the police plugin shall be treated as evidence of guilt beyond a reasonable doubt.
(b) Reports made by the police plugin showing only one individual in the bank at the time of a bank robbery shall be treated as evidence of guilt beyond a reasonable doubt.

8. Removal
(a) Section 10 of the Criminal Code shall be removed, as shall the entirety of 11a.

9.Enactment
(a)
This Act comes into force immediately upon passage.
(b) This Act is fully severable. Should any clause be repealed, invalidated, or overwritten in the future, the rest of the Act remains in force.
 
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