Bill: Proposed Criminal Code Amendment

[Galavance]

Author: Oliver Spy
Sponsor: Gala Hamilton MP
Type: Amendment to an Act

A
BILL
TO
Amend the Criminal Code​

Preamble: This code has been established to safeguard the well-being of the Kingdom’s citizens and maintain public order. Its purpose is to uphold and promote safety for all. The following actions are hereby declared illegal and shall be met with the prescribed punishments outlined below.

​

1 Violent Interpersonal Conflicts​

1.1 Murder​

The act of killing someone.

1. This action is justified when handling self-defense
2. Punishment: $250 fine+ 5 min. Jailtime.

1.2 Assault​

The act of inflicting bodily damage towards someone exceeding 3 hearts.

1. This action is justified when handled in self-defense.
2. Punishment: $150 fine

1.3 Threats of Harm​

The act of threatening someone with harm or placing someone in fear of harm.

1. punishment: $50 fine

1.4 Threats of Harm using a weapon​

The act of threatening a person with harm or placing a person in fear of harm using a physical weapon.

1. Punishment: $75 fine

1.5 Incitement​

The act of provoking unlawful behavior or urging someone to behave unlawfully.

1. Punishment: $100 fine, if the inciter's actions do not lead to convincing or successful incitement.
2. If the incitement results in one or more people committing a crime, the inciter is treated as an accomplice and receives the same punishment as the person(s) who committed the crime.

1.6 Robbery​

The act of taking property from a person or legal entity through force, threat, or intimidation.

1. The stolen property shall be returned to the rightful owner in the condition it was at the time of theft.
2. Suppose stolen property is damaged, altered, or confiscated. In that case, the person convicted of robbery shall be required to compensate the rightful owner for the damaged value, loss of value, or equivalent market price of the property at the time of theft. This compensation may also apply if the property is not recoverable due to legal processes or damage.
3. This act shall be punished according to the severity of the crime, as determined by a judge in court.
4. Minimum punishment: $100 fine + 5 min. Jailtime.

2 Non-violent Interpersonal Conflicts​

2.1 Theft​

The act of unlawfully taking property, money, documents, or other material from a legal entity without the use of force, threat, or intimidation.

1. The stolen property shall be returned to the rightful owner in the condition it was at the time of theft.
2. Suppose stolen property is damaged, altered, or confiscated. In that case, the person convicted of theft shall be required to compensate the rightful owner for the damaged value, loss of value, or equivalent market price of the property at the time of theft. This compensation may also apply if the property is not recoverable due to legal processes or damage.
3. This act shall be punished according to the severity of the crime, as determined by a judge in court.
4. Minimum punishment: $100 fine + 5 min. Jailtime.

2.2 Trespassing​

The act of unlawfully entering, remaining on, or using the property of another person or legal entity without consent, permission, or legal authority.

1. This act applies only if the person refuses or ignores a request to leave or is explicitly informed that they are not permitted on the property.
2. Punishment: $50 fine

2.3 Criminal fraud​

The act of intentionally deceiving or misrepresenting information to secure unfair or unlawful gain, or to deprive another person or entity of a legal right, property, or financial asset.

1. The person shall return any property or financial asset obtained through criminal fraud to the rightful owner in the condition it was at the time it was obtained.
2. Suppose the obtained property is damaged, altered, or confiscated. In that case, the person convicted of criminal fraud shall be required to compensate the rightful owner for the diminished value, loss of value, or the equivalent market price of the property at the time it was obtained. This compensation obligation may also apply if the property is irrecoverable due to legal processes or damage.
3. If the unlawful gain results in damages, whether physical, financial, or reputational, the individual convicted of criminal fraud shall be liable to compensate the victim for such damages, thereby ensuring full restitution and the restoration of the victim’s rights, property, and/or reputation.
4. This act shall be punished according to the severity of the crime, as determined by a judge in court.
5. Minimum punishment: $100 + 5 min. Jailtime.

3 Crimes Against the Government​

3.1 Robbery of Government Property​

The act of unlawfully taking property, assets, or resources belonging to a government or government entity through force, threat, or intimidation.

1. The stolen property shall be returned to the government entity in the condition it was in at the time of the theft.
2. If the stolen property is damaged, altered, or confiscated, the person convicted of robbery shall be required to compensate the government for the damaged value, loss of value, or the equivalent market price of the property at the time of the theft. This compensation may also apply if the property is not recoverable due to legal processes or damage.
3. This act shall be punished according to the severity of the crime, as determined by a judge in court.
4. Minimum punishment: $400 + 10 min. Jailtime.

3.2 Theft of Government Property​

The act of unlawfully taking property, assets, or resources belonging to a government or government entity without the use of force, threat, or intimidation.

1. The stolen property shall be returned to the government entity in the condition it was in at the time of the theft.
2. If the stolen property is damaged, altered, or confiscated, the person convicted of theft shall be required to compensate the government for the damaged value, loss of value, or the equivalent market price of the property at the time of the theft. This compensation may also apply if the property is not recoverable due to legal processes or damage.
3. This act shall be punished according to the severity of the crime, as determined by a judge in court.
4. Minimum punishment: $300 + 10 min. Jailtime.

3.3 Bank Robbery​

The act of taking money or property from a bank, financial institution, or its patrons through the use of force, threat, intimidation, or other unlawful means.

1. The stolen money or property shall be returned to the rightful owner, whether the bank, financial institution, or individual depositor, in the condition it was in at the time of the theft.
2. If the stolen money or property is damaged, altered, or otherwise unrecoverable, the individual convicted of bank robbery shall be required to compensate the affected party for the full value of the loss, including any associated damages or financial harm incurred.
3. This crime shall be punished according to the severity of the act, the amount stolen, and the impact on the financial institution and its patrons, as determined by a judge in court.
4. Minimum punishment: $500 fine + 20 min. Jailtime.

3.4 Resisting arrest​

The act of intentionally preventing or obstructing a law enforcement officer from making a lawful arrest, either through physical force, threats, or any other means of interference, with the intent to avoid detention or punishment.

1. A person shall only be punished for this offense once per arrest or charge they interfere with.
2. The person must first be warned by the law enforcement officer before being charged with this offense.
3. Punishment: $50 fine

3.5 Murder of a government official​

The act of unlawfully killing any member of the Parliament, minister, prime minister, deputy prime minister, or judge while they are engaged in or as a result of their official duties.

1. This action is justified when handling self-defense
2. Punishment: $1000 fine+ 20 min. jailtime

 

[Galavance]

3.6 Assault of a government official​

The act of inflicting bodily harm on any member of the Parliament, minister, prime minister, deputy prime minister, or judge, resulting in damage exceeding 3 hearts, while they are engaged in or as a result of their official duties.

1. .This action is justified when handled in self-defense.
2. Punishment: $300 fine + 50 min. jailtime

3.7 Threats of Harm to a Government Official​

The act of threatening a government official with harm or placing a government official in fear of harm.

1. Punishment: $100 fine + 5 min. jailtime

3.8 Disruption of a Government-Sanctioned Event​

The act of disrupting any government-sanctioned event or activity, either as part of a group or individually.

1. Authoritative figures at the event may request that the disruptor leave or issue a warning.
2. If a disruptor refuses to leave, they will be additionally charged with trespassing.
3. Repeated disruptive behavior may result in a ban from attending government-sanctioned events for up to 1 month, as decided by a judge.
4. Punishment: $75 fine.

3.9 Unlawful assembly​

The act of assembling with others for the purpose of committing an unlawful act, intimidating the general public.

1. If a person or group of people orchestrates the assembly, they will additionally be charged with incitement
2. Punishment: $75 dollar fine + 10 minutes of jail time

3.10 Treason​

The act of betraying, attempting to overthrow, or committing acts against the government, including but not limited to engaging in or attempting acts of war against the state, aiding foreign enemies to destabilize the government, or attempting to undermine the sovereignty, stability, or authority of the government through espionage, sabotage, or acts of disloyalty.

1. During an investigation, the person shall be suspended from their government position.
2. If found guilty, the person shall be terminated from their government job immediately.
3. This act shall be punished according to the severity of the crime, as determined by a judge in court.
4. Minimum punishment: $1000 fine + 40 min. jailtime
5. Maximum fine: $10,000.

3.7 Bribery​

The act of offering, giving, receiving, or soliciting anything of value to influence the actions, decisions, or conduct of any government official or employee, with the intent to gain an unfair advantage or induce actions that would not otherwise be taken by the law or government policy.

1. During an investigation, the person shall be suspended from their government position.
2. If found guilty of accepting a bribe, the government official or employee shall be terminated from their government job immediately.
3. The government official or employee must pay any received money in the form of a bribe to the government.
4. Property used for the bribe will be seized by the government.
5. This act shall be punished according to the severity of the crime, as determined by a judge in court.
6. Minimum punishment: $1000 fine + 40 min. jailtime

3.8 Corruption​

The act of abusing one’s position of power or authority in the government or public service for personal gain.

1. During an investigation, the person shall be suspended from their government position.
2. If found guilty of accepting a bribe, the government official or employee shall be terminated from their government job immediately.
3. Any person who attempts to or convinces a government official or employee to abuse their position of power or authority shall be charged with incitement.
4. This act shall be punished according to the severity of the crime, as determined by a judge in court.
5. Minimum punishment: $1000 fine + 40 min. jailtime
6. Maximum fine: $10,000

3.9 Contempt of Court​

The act of willfully disobeying or disrespecting the authority, orders, or dignity of a court of law.

1. Non-compliance with a court order, such as failing to pay a fine, fulfilling a ruling, or adhering to an injunction, shall be treated as contempt of court.
2. Minimum punishment: $100 fine + 10 min. jailtime
3. Maximum fine: $500

3.10 Perjury​

The act of intentionally providing false information or lying under oath, either in a court of law, during official proceedings, or in any sworn statement, knowing the information is untrue.

1. Minimum punishment: $100 fine
2. Maximum fine: $500

4 self-defense​

4.1 definition​

The act of using reasonable force to protect oneself from an imminent threat of harm, injury, or attack.

1. Any damage or death resulting from self-defense will be considered void and non-prosecutable if it is proven that the use of force was justified by self-defense principles.

4.2 justification​

Acting in self-defense is justified under the following principles

1. The threat of harm must be imminent. This means the danger must be immediate or about to occur, not a future or hypothetical threat.
2. The level of force used in self-defense must be proportionate to the threat faced. The response should not exceed what is necessary to protect oneself.
3. The person must have a reasonable belief that they are in imminent danger and that using force is necessary to protect themselves.
4. The person must attempt to avoid the confrontation before resorting to force, if possible unless they are on their own property.
5. Self-defense is only justified if the person did not provoke or escalate the confrontation.

5 legal procedures for Criminal Cases​

5.1 arrest​

Upon a person’s arrest, the following procedures must be followed:

1. The person must be informed of their Miranda rights.
2. The person must be informed of the reason for the charges or the reason for their arrest.
3. The MoJ has the right to frisk the person during an arrest or detainment.
4. If a person commits a crime for which a punishment must be decided by a judge, the Government Prosecutor must file this case within 72 hours of the arrest.
5. Arresting officers may use reasonable force to effectuate the arrest
6. The person has the right to communicate with an attorney or family members during their detainment.
7. No fines may be applied to an individual before the crime is confirmed through an investigation or trial, and, if applicable, a verdict is given by the court.
8. The Statute of Limitations for all actions is 2 months.
9. A person may only be arrested once for the same crime. Subsequent arrests for the same alleged offense are prohibited unless new evidence or charges arise.

5.2 detainment​

1. If a person is accused or suspected of involvement in a crime, the Ministry of Justice (MoJ) may detain them for up to 12 hours while an investigation is ongoing, even if the individual is not required to appear in court immediately.
2. If a sentence is later determined for the individual, the time they spent in detainment shall be subtracted from their sentence.
3. If a person spends more than twice the duration of their determined sentence in detainment, they are entitled to compensation from the MoJ.
4. In cases where no sentence is given, compensation shall be awarded if the individual spent 20 minutes or more in detainment.
5. The compensation shall be calculated at a rate of $1 for every 5 minutes spent in detainment, minus the sentence duration.

5.2 seizure of items​

Items involved in or acquired through criminal activity may be seized by law enforcement, in accordance with the law.

1. Items that are seized may be held as evidence or confiscated. The person is entitled to claim their items back if they are proven to be unlawfully seized or if the case is dismissed.
2. Seized items must be returned to the rightful owner unless they are deemed illegal to possess or are forfeited under the law. The return of items may also be contingent on the payment of any fines or the fulfillment of other legal obligations.
3. If a person believes their property was wrongly seized, they have the right to appeal the seizure and request a hearing before a court.

5.3 search warrant​

A search warrant is an official document issued by a court that authorizes law enforcement officers to search a specific location for evidence of a crime.

1. A search warrant must be requested by law enforcement and granted by a judge based on probable cause or a reasonable belief that evidence of a crime will be found at the specified location.
2. The warrant must be executed within 48 hours. Officers must inform the property owner or occupant of the warrant prior to the search.
3. The search is limited to the items and locations specified in the warrant. Anything outside of the warrant’s scope is not allowed.
4. If an officer can lawfully observe evidence of a crime, if there is an imminent risk for public safety or risk of evidence being destroyed, law enforcement may conduct a search without a warrant. When arresting a person an officer may also search the surroundings to make sure any weapons or evidence is preserved and/or confiscated

5.4 Search without a warrant​

Law enforcement officers may conduct a search without a warrant under the following circumstances:

1. If the owner of the property gives consent to a search, they may conduct a search without a warrant.
2. If an officer can lawfully observe evidence of a crime in plain view, they may seize the evidence without a warrant.
3. When there is an imminent risk to public safety or a threat that evidence may be destroyed, law enforcement may conduct a search without a warrant to prevent harm or loss of evidence.
4. When a person is lawfully arrested, officers may search the immediate surroundings of the individual to ensure any weapons, contraband, or evidence that could jeopardize the arrest or escape is secured and/or confiscated.

5.4 Inability to Pay Fine​

If an individual is unable to pay a fine due to financial hardship, they may be allowed to pay the fine in smaller installments over time, based on their financial capacity.

1. When an individual has $500 or less in available funds, they shall not be required to pay the full amount of the fine at once. Instead, they will be given the option to pay the fine in smaller installments. The total fine must be paid in full within 90 days from the date of issuance.
2. The Ministry of Justice (MoJ) holds full responsibility for following up on the payment and ensuring compliance with the payment plan.

5.5 Appeal​

An individual who disagrees with a sentence or fine imposed by the Ministry of Justice (MoJ) has the right to appeal the decision to a court.

1. A person may file an appeal if they believe the law was applied incorrectly, new evidence has come to light, or if they believe the trial was unfair.
2. The individual must submit a notice of appeal within 30 days of the decision.

5.6 Lawful trespassing​

Law enforcement has the authority to trespass on private property under the following circumstances:

1. If an officer is in hot pursuit of a suspect and needs to enter private property to apprehend the individual.
2. In cases of emergency requiring immediate intervention.
3. When there is an imminent threat to public safety.
4. When a crime is being committed in clear sight of law enforcement.

Enactment: This Act comes into force immediately upon passage