[Discussion] Criminal Code Act (September 2018)

[Amerion]

Espionage: the punishment should take into account the offender's intent.

Foreign interference: This should only be an offense if there was intent. Otherwise it's way too easy to abuse.

Defamation: Okay, this one must be changed. Let's take Constie. I have absolutely no issue with Constie (and indeed, when I coup Balder in 2021, he will succeed me as Delegate). That being said - Constie has done stuff in-game I don't agree with. Now suppose Imki is considering appointing Constie to do FA, and I disagree that Constie is the right person for the job. I would then write Imki and say "hey, I don't think Constie is a good idea, consider thing X Y Z he did in the CU". This would already trigger the defamation rule. I'm expressing an opinion and a verifiable truth, but that would already be intent of "harm", because I wrote Imki with the intent of her considering somebody else for FA than Constie. Bam, I'm guilty. Obviously, that's absurd.

And generally (though less importantly), I don't particularly like the layout of the law. Let me sleep on it for a day for a layout that (in my personal opinion) is better.

In regards to the following, I've made some edits which have been highlighted in green:

(3) Espionage

Any person who has access to information contained in a restricted area and knowingly communicates, in part or in whole, that information to a person who, or an entity which does not have access to the restricted area, shall be guilty of an offence.

An offender is liable to punishment at judicial discretion which may extend to an indefinite banishment.

(1) Foreign interference 

Any person who:

a. knowingly engages in conduct on behalf of, or in collaboration with, a foreign entity; and
b. whose conduct influences the processes of the Government;
shall be guilty of an offence. 

An offender is liable to punishment at judicial discretion not exceeding an 8 month banishment.

​​​​​​(5) Defamation 

Any person who communicates to a third party information concerning a person, with the intention of causing harm to that person, shall, unless proven otherwise, be guilty of an offence. 

A person may prove the defamatory imputations:
a. are significantly true: or
b. is a matter of opinion rather than a statement of fact. 

An offender is liable to punishment at judicial discretion not exceeding a 2 month banishment.