Amendment to the Criminal Code Act (September 2020)

[Domais]

Amendment to the Criminal Code Act (September 2020)

Proposed by: @Domais​

Section 1. Amendment to the Criminal Code Act

(1) The relevant section of the Criminal Code Act (September 2018) as currently written, reads:

Section 6. Fraud (1) Any person who knowingly or recklessly makes a false statement of material fact, shall be guilty of fraud

(2) The amended section of the Criminal Code Act (September 2018) shall read

Section 6. Fraud (1) Any person who , knowingly or recklessly, falsifies a material fact in any matter regarding a citizenship application shall be guilty of fraud.(2) Any person who, knowingly or recklessly, falsifies a material fact in any matter regarding a criminal review shall be guilty of fraud.

 

[Frankender]

There are typo and formatting errors, and for those reasons alone, I do not support this proposal.

I can discuss my other issues with this proposal when those errors have been remedied, though.

 

[Domais]

Can you do both? What typos? Also the format is fine, it's our standard format.

 

[Frankender]

Formatting issue:
Bullet 3 is not centered but bullet 1 and 2 are.

Typo issue:
(2) Any person who, in any matter regarding the a Criminal Review, knowingly or recklessly, falsifies a material fact shall be guilty of fraud.

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Additionally, when we propose legislation, can we explain why the legislation is needed? Not sure the relevance of this proposal.

 

[Domais]

(1) Any person who knowingly or recklessly makes a false statement of material fact, shall be guilty of fraud.

This means that if you lie at all you could be charged with fraud. It doesn't matter whom to.

 

[Frankender]

I agree to what you are saying, but have you remedied the original issues I had with the legislation?

 

[Domais]

I fixed the typo.

 

[Frankender]

It is hard to tell since you edited the post without stating what you changed!

 

[Domais]

Can you just read it? Is it that hard? I fixed the typo, you know where the typo was seeing you are the one that mentioned it.

 

[Feux]

My suggestions. I fixed a few things, and this flows better. Section 3 does not need a multitude specified. If you commit the offense, you commit the offense. The number of counts can be something for a prosecutor to decide.

 

[Frankender]

I agree with the above changes.

The only thing I'm not sure about is:
"(3) Any person who attempts to gain any additional votes in the Assembly of Lazarus by means of citizenship application shall be guilty of fraud."

Why is this necessary if lying on the citizenship application is already a crime in point 1?

 

[Deleted Couper 1]

What benefit does this have over the law as it is currently written? The amendment criminalised nothing.

 

[Domais]

It crimailizing lying on a citizenship app and lying in court. The old was too general.

 

[Deleted Couper 1]

It crimailizing lying on a citizenship app and lying in court. The old was too general.

The old one criminalises lying during your citizenship oath. The citizenship oath includes affirming that your application answers are true. As such, lying on a valid application is already explicitly a criminal offence.

 

[Frankender]

It crimailizing lying on a citizenship app and lying in court. The old was too general.

The old one criminalises lying during your citizenship oath. The citizenship oath includes affirming that your application answers are true. As such, lying on a valid application is already explicitly a criminal offence.

 

[Deleted Couper 1]

Fair enough.

Point three is made redundant by point one, though, and some commas are in the wrong place. I'd phrase it like this:

 

[Frankender]

I agree with your changes McChimp.

 

[Domais]

I'll make those changes in a bit.

 

[Domais]

I've adopted Deb's wording and removed point 3.

 

[Domais]

I motion to vote.