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Criminal Code Amendment (February 2019)

Proposed By: McChimp

Preamble

This amendment of the Criminal Code Act (September 2018) criminalises opposition of wartime operations and incitement to commit a crime.

Section 1. Amendment of Section One

(1) Section one shall be amended to read:

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(1) Any person who engages in conduct with the intention of:

a. illegally removing or altering the Mandate, the Government or the Delegate,
b. levying war or preparing to levy war against Lazarus,
c. taking up arms against Lazarene operations conducted in the defence of allied regions
d. taking up arms against Lazarene operations conducted within regions with which we are at war
e. taking up arms against Lazarene operations conducted within allies or protectorates of regions with which we are at war that have been sanctioned by a resolution of the Assembly in accordance with Section 2 Subsection 4 of the Charter of the Lazarene Regional Guard (December 2018)

shall be guilty of treason.

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Section 2. Amendment of Section Eleven

(1) Section eleven shall be amended to read:

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(1) Any person who prepares, incites another or plans to commit an offence enumerated herein, shall be guilty of conspiracy to commit that offence.

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Criminal Code Act (September 2018)

Proposed by: Amerion

Preamble

In order to maintain public law and order, this act codifies criminal actions in Lazarus.

Section 1. Treason

(1) Any person who engages in conduct with the intention of illegally removing or altering, the Mandate, the Government or the Delegate, or levies war, or does any act preparatory to levying war, against Lazarus, shall be guilty of treason.

Section 2. Sabotage

(1) Any person who engages in conduct with the intention of significantly disrupting, destroying, or rendering a public infrastructure unusable, shall be guilty of sabotage.

(2) Legitimate actions taken by off-site property administration of the public infrastructure shall not be considered sabotage. The root administrator of the infrastructure in question has the ultimate authority on what constitutes a legitimate action.

Section 3. Espionage

(1) Any person who knowingly communicates information contained in a restricted area of Lazarus, in part or in whole, to a person or entity which does not have access to that restricted area, shall be guilty of espionage.

(2) The individual or government body responsible for a restricted area may sanction the distribution of information to another person or entity. Sharing information whose release has been sanctioned shall not be considered espionage.

Section 4. Bribery

(1) Any person who offers, provides, or agrees to provide a benefit of any kind with the intention of influencing a person in the exercise of that person’s governmental duties, shall be guilty of bribery.

(2) Any person who asks, receives, or agrees to receive a benefit of any kind with the promise that receiving that benefit will influence the exercise of that person’s governmental duties, shall be guilty of bribery.

Section 5. Blackmail

(1) Any person who threatens to, attempts, or uses damaging information against a person in an effort to force them to take, or to refrain from, certain actions, shall be guilty of blackmail.

(2) Any person who threatens to, attempts, or uses real-life information against a person, shall be addressed as an out-of-character administrative matter.

Section 6. Fraud

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

Section 7. Inter-regionally Prohibited Act

(1) Any person who engages in conduct expressly prohibited in a treaty or convention of which Lazarus is party to, shall be guilty of an inter-regionally prohibited act.

Section 8. Contempt of Court

(1) Any person who intimidates or insults a person during a sitting of the Court, intentionally interrupts the proceedings of the Court, or disobeys a direction of the Court shall be guilty of contempt of court.

Section 9. Vexatious Behaviour

(1) Any person who instigates or pursues judicial proceedings without reasonable ground, or engages in conduct which is an abuse of judicial proceedings, shall be guilty of vexatious behaviour.

Section 10. Misconduct

(1) Any person who engages in conduct which knowingly or recklessly violates the person’s citizenship oath, oath taken before the Court, or any of the laws of Lazarus, shall be guilty of misconduct.

Section 11. Conspiracy

(1) Any person who prepares or plans to commit an offence enumerated herein, shall be guilty of conspiracy to commit that offence.

Section 12. Guilt and Sentencing

(1) No person may be found guilty of a crime not listed in this act.

(2) If found guilty of a crime, the Delegate may impose upon the person any punishment proportionate to the offence.

Section 13. Definitions

In this Act:

‘Associated authorities’ is defined as off-site property administration including, but not limited to, the forum or Discord.

‘Banishment’ is defined as removal by the relevant authorities of a person from Lazarus.

‘Discord’ is defined as a public infrastructure located at ‘https://discord.gg/dahpMU2'.

‘Governmental duties’ is defined as an action or task required by a person’s position.

‘Material fact’ is defined as one which can reasonably and plausibly be expected to affect a person's future actions.

‘Off-site property administration’ is defined as a person or group who has the authority to administer public infrastructure, including, but not limited to, the Delegate, root administrator, administrators, global moderators, and moderators.

‘Opinion’ is defined as a view or judgment formed about something, not necessarily based on fact or knowledge.

‘Public infrastructure’ is defined as an area operated by the government or its associated authorities for use of the public, including, but not limited to, the NationStates region of Lazarus, the forum, or Discord.

‘Regional Forum’ is defined as a public infrastructure located at ‘https://nslazarus.com/index.php'.

‘Restricted area’ is defined as an area of the Regional Forum or Discord to which the general public is withheld access.

‘Root administrator’ is defined as a person who has the authority to empower and delegate administrator responsibility including, but not limited to, adding administrators, defining administrator groupings, and shutting down the public infrastructure.

‘Sitting of the Court’ is defined as an area administered by the Court.

‘Third party’ is defined as a person or group besides the two primarily involved in a situation.    

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Criminal Powers Amendment (September 2018)

Proposed By: McChimp

Preamble

This amendment of the Twelfth Mandate of Lazarus grants the delegate greater power to impose justice on those the Court of Lazarus has gathered damning evidence against.

Section 1. Amendment of Article II

(1) After subsection 7, insert:
 
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(8) The Delegate may impose upon a person a punishment permitted by law, including revocation of citizenship, restriction of ability to vote and/or hold office, ejection and/or banishment from Lazarus and other measures, should the Court confirm by two-thirds vote that the person has committed a criminal offence. The person must have had reasonable opportunity to defend themselves against the charges during a Criminal Review. The Assembly may overturn or reduce such punishments by three-quarters vote.

[/cell][/table]Section 2. Amendment of Article V

(1) After subsection 6, insert:
 
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(7) The Court may conduct Criminal Reviews in order to determine whether a person has committed a criminal offence. Procedure for such Criminal Reviews may be established by law.

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Criminal Procedures Act

 

Proposed by: McChimp

Preamble

In order to allow the citizenry of Lazarus to pursue justice for criminal offences committed against them, this constitutional law lays down the procedures by which a fair conclusion might be brought about.

Section 1. Criminal Rights, Responsibilities and Powers

(1) Any citizen may petition the Court of Lazarus to begin a criminal case by posting a public accusation against another player. Public accusations must follow any requirements established by the Court of Lazarus by majority vote.

(2) The Court of Lazarus shall maintain a publically available Criminal Library of court procedures, amending it by majority vote.

a. Only court procedures which explicitly state as such within their text may result in a verdict.
b. The Criminal Library shall contain exactly one procedure for rehearing cases which have been appealed. This procedure must result in a verdict.
c. The Criminal Library may not be amended during a criminal case.

(3) The accuser and the defendant may each choose someone to act on their behalf during a criminal case. They may replace the person representing them at any time.

(4) The Justices serving on a criminal court may issue a verdict of "Guilty" or "Not Guilty" by majority vote.

(5) Having found a player guilty, the Justices serving on a criminal court must determine a lawful sentence by majority vote.

(6) Those who have been sentenced may make a public appeal to the Delegate to review their sentence. The Delegate may initiate a rehearing by a criminal court in order to obtain a new verdict and sentence should they see reasonable cause to do so.

a. Rehearings shall follow the procedure described within the Criminal Library.
b. Rehearings shall be conducted by three temporary Justices appointed by the Delegate. These Justices must not have handled on the case being appealed and shall have no other court responsibilities or powers. Their appointments shall not be subject to Assembly confirmation.
c. Rehearings shall be conducted publicly unless the Justices serving on them determine that their contents are sensitive by majority vote.

(7) Sentences will be implemented in-game by the Delegate and on the forum by one or more members of the admin team. Every government official in Lazarus is responsible for reporting any violation of a court-imposed sentence that they learn of.

Section 2. Criminal Procedure

(1) Criminal cases will be heard by the Court of Lazarus.

(2) Any Justice serving on the Court must recuse themselves from ruling on any case where they are the defendant, the accuser, a representative of either party, or where they are otherwise unable to rule in a fair and unbiased manner. Absent Justices will also be considered recused.

(3) If one or more Justices are recused from a case, the Delegate will appoint temporary Justices to serve in their place. These Justices shall have no other court responsibilities or powers. Their appointments shall not be subject to Assembly confirmation.

(4) The Court of Lazarus must notify the defendant that a case has been brought against them post-haste.

(5) The Justices handling the case shall decide by majority vote whether or not to dismiss it.

(6) Should the case not be dismissed, the Justices handling the case shall then select a court procedure described within the Criminal Library by majority vote and give notice that the Court will convene.

(7) A criminal court shall convene publicly unless the Justices serving on it determine that its contents are sensitive by majority vote.