11-01-2019, 02:59 AM
McChimp;7250 Wrote:Zapatian Workers State;7246 Wrote:I suggest that there should be legal allowance for other nations to act as prosecutor and defense attorney, whether they originate from in or out of region. I would also recommend that the titles "Petitioner" and "Accused" should be replaced with "Plaintiff" and "Defendant." Although this will require further amendment of the supreme law, I also believe that the government of Lazarus should have an attorney-general to prosecute treason cases. However, since you are already working on an amendment, it should not be too difficult to work it in.
The proposal does make allowances for the petitioner and the accused to be represented by another person (who need not be a citizen):
[table][cell]
(3) The Petitioner and the Accused may each be represented by another person who they may identify at any time. Each of them may be represented by only one person at any given time.[/cell][/table]
Since the constitutional amendment is already at vote, it's passed the point where I can make changes. The wording I chose was intended to be more compatible with non-adversarial Court procedures, which I still consider a possibility in the long term.
The idea of an attorney general was considered when we first thought about having a criminal court here and for the most part I agree with the arguments against having one. I don't see the benefit of electing/confirming somebody to do something that every citizen ought to be able to do anyway, especially since court cases are so rare that for most of the time they'd have nothing to do. If the government wishes to bring a case against someone then it makes sense for the most appropriate minister to do so. This also grants greater flexibility, preventing the problems caused by circumstances such as the attorney general being unwilling to bring a case against somebody for personal reasons.
Stupid me, I jumped over the final article of the proposition for some reason. I see your rationale against having an attorney-general and find it valid. My only remaining question concerns the terminology. Why not just use "Plaintiff" and "Defendant" since those will likely be the colloquially used terms anyway?
Quote:VAE, PUTO DEUS FIO
- Vespasian, on his deathbed