Archive: The Judiciary Act

Archived on 3/30/2022 by the mighty N’nosk.

P.B. 0001.

⸻⸻⸻⸻⸻⸻⸻⸻

IN PARLIAMENT OF THE Empire OF GELLEDYRUS

Mr. Elegarth introduced the following bill

⸻⸻⸻⸻⸻⸻⸻⸻

AN ACT

To establish a Imperial judiciary and a Imperial justice department, and for other purposes.

Be it enacted by Parliament of Gelledyrus assembled.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REPEALS

Table of contents section removed for sake of my mental health. Sorry for the inconvenience future readers!

TITLE I—COURT ACT

SEC. 101. WRITS

Writs.

The High Court of Judicature and all courts established by Parliament may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.

SEC. 102. COMPOSITION; HIGH COURT

Composition of the High Court.

The High Court of Gelledyrus shall consist of a Supreme Magistrate of Gelledyrus and two Grand Magistrates.

SEC. 103. JURISDICTION; HIGH COURT

Jurisdiction of the High Court.

  1. All courts established within the Empire shall be permitted to hear all cases in law and equity arising under the Constitution and the laws of the Empire.
  1. The High Court shall be permitted to settle constitutional and legal disputes arising within the Empire and to interpret the Constitution and laws of the Empire.
  1. The High Court shall have original jurisdiction over cases affecting ambassadors or other public ministers, and those in which two Tribes or the Empire shall be a party.
  1. The High Court shall also have original jurisdiction over all cases if no subordinate court exists.

SEC. 104. IMPARTIALITY; HIGH COURT

Prohibition against being a member of a political party.

A Magistrate of the High Court of the Empire may not be a member of a political party or association during their continuance in office.”

TITLE II—DEPARTMENT OF JUSTICE ACT

SEC. 201. SHORT TITLE

This title may be cited as the “Department of Justice Act of 2022”.

SEC. 202. ESTABLISHMENT

Establishing the Department of Justice.

The Department of Justice shall be an executive department of the Empire, responsible for law enforcement and prosecution.”

SEC. 203. ATTORNEY GENERAL

  1. Appointment.

The Statsminister shall appoint, by and with the advice and consent of Parliament, the Attorney General of the Empire.”

  1. Duties.
  1. The Attorney General shall be the principal executive officer of the Department of Justice and shall be the highest prosecutor and executive legal official of Gelledyrus.
  1. The Attorney General shall be a cabinet-level official.
  1. The Attorney General shall
  1. supervise and direct the administration and operation of the Department of Justice, including the offices of Imperial Attorneys and the Imperial Adjudication Collective, which are within the Department of Justice;
  1. represent the Empire in legal matters generally;
  1. furnish advice and opinions, formal and informal, on legal matters to the Statsminister and the cabinet and to the heads of the executive ministries and agencies of the government, as provided by law;
  1. appear in person to represent the government in the High Court of the Empire, or in any other court; and
  1. perform or supervise the performance of other duties required by statute or executive order.
  1. Deputy Attorney General.
  1. The Statsminister may appoint, by and with the advice and consent of Parliament, a Deputy Attorney General.
  1. The Deputy Attorney General shall act as Attorney General in case of vacancy of the Office of the Attorney General.
  1. Acting Attorney General.

The Statsminister shall be permitted to appoint in the event that there exists or has been caused a vacancy in both the offices of the Attorney General and Deputy Attorney General, an Acting Attorney General for not more than two days.”

SEC. 204. REGULATION

Regulation.

The Attorney General shall be permitted to, by use of memorandum, regulate the provisions of this Act, for the purposes of personnel management, information management, and organization.”

SEC. 205. REPORT

Weekly report.

The Attorney General, or their designee, shall transmit to Parliament, weekly, a report on the activities and necessities of the Department of Justice.”

SEC. 206. Imperial ATTORNEYS

  1. In general.

The Attorney General shall keep an agency of Imperial Attorneys who shall act as prosecutors on the part of Gelledyrus in maintenance of the law.”

  1. Designation and qualifications.
  1. Imperial Attorneys shall be designated by the Attorney General, and may be fired by the same.
  1. All Imperial Attorneys must be members of the bar association of the Empire.
  1. Prosecutorial discretion.

Imperial Attorneys shall possess prosecutorial discretion and may dispose of any charges that the Imperial Adjudication Collective brings forward.

SEC. 207. Imperial ADJUDICATION COLLECTIVE

  1. In general.
  1. The Imperial Adjudication Collective shall be the domestic law enforcement agency of Gelledyrus.
  1. The Imperial Adjudication Collective is in the Department of Justice and under the authority of the Attorney General.
  1. Director.
  1. The Statsminister shall appoint, by and with the advice and consent of Parliament, the Director of the Imperial Adjudication Collective.
  1. The Director shall be the head of the Imperial Adjudication Collective.
  1. The Director shall be responsible for the training of officers of the Imperial Adjudication Collective.
  1. The Consul shall be permitted to appoint, in the event that there exists or has been caused a vacancy in the Office of the Director of the Imperial Adjudication Collective, an Acting Director for not more than two days.
  1. Duties of the Imperial Adjudication Collective.

The FAC Police shall be responsible for the

  1. enforcement of all laws;
  1. management of all jails and prisons;
  1. enforcement of all judicial orders; and
  1. other such law enforcement related duties as may be prescribed by the Statsminister, Attorney General or the Director.
  1. Arrests.

The FAC Police shall be permitted to make arrests and detainments, and they shall keep arrest logs on all arrests with the following information to be valid:

  1. an arrest identification number;
  1. the names of both the officer and the detainee;
  1. the charge, or charges, which the officer believes apply to the matter;
  1. the date and time of the arrest, using the Eastern Standard Time timezone;
  1. any evidence or notes relevant to the arrest; and
  1. a notification to the relevant court about the arrest.

TITLE III—CRIMES ACT

SEC. 301. SHORT TITLE

This title may be cited as the “Crimes Act of 2022”.

SEC. 302. GENERAL PROVISIONS

  1. Rules of construction.
  1. In this act, the following definitions apply:
    1. The term “court” means, unless stated otherwise
  1. the High Court of the Empire; and
  1. any court created by Act of the Assembly the judges of which are entitled to hold office during good behavior.
  1. The term “Empire” means, unless stated otherwise
    1. a Imperial corporation;
  1. an agency, department, commission, board, or other entity of the Empire; or
  1. an instrumentality of the Empire.
  1. The term “felony” means an offense punishable by a maximum term of imprisonment of more than 4 days.
  1. The term “misdemeanor” means an offense punishable by a maximum term of imprisonment of less than 4 days.”
  1. The penalties enumerated under this part are maximum penalties, unless otherwise stated.
  1. Any judge in a Imperial court shall have the discretion to set the penalty for a sentence up to the limit described by this part.
  1. Attempted violations of the provisions of this part shall constitute a violation of the same, and they shall be prosecuted to equal extent.
  1. A misdemeanor may not be fined under this section for more than Ǥ10,000, unless otherwise provided for.
  1. A felony may not be fined under this section for more than Ǥ50,000, unless otherwise provided for.
  1. Whoever commits an offense against the Empire or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
  1. Whoever, knowing that an offense against the Empire has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.

Except as otherwise expressly provided by any Act of Parliament or another provision of this Code, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 14 days.

  1. If two or more persons conspire either to commit any offense against the Empire, or to defraud the Empire, or any agency thereof in any manner or for any purpose, each shall be fined under this section or imprisoned not more than 5 days, or both.

If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.”

SEC. 303. DISORDERLY CONDUCT

  1. Breach of peace.

A person who displays unruly and disturbing public behavior with the intent to disrupt others, including through the excessive use of bots that disrupt chat in any channel except “bots”, through disorderly conduct shall be fined under this section or imprisoned not more than 3 days, or both.”

  1. Spam.

A person who sends messages or images, or both, in rapid succession shall be fined under this section or imprisoned not more than 4 days, or both.”

SEC. 304. PROPERTY

  1. Robbery.
  1. A person who takes, with the intent to steal, any property, including by use of any bot, shall be fined under this section or imprisoned not more than 5 days, or both.
  1. A court may order the restitution of any, and all, stolen property.
  1. If the value of such property in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case, does not exceed the sum of Ǥ1,000, he shall be fined under this section or imprisoned not more than 3 days, or both.
  1. Burglary.

A person who uses permissions or other instruments to gain access to a restricted channel to obtain property of any kind, including images, links, or documents; or to change the channel topic, information, settings, or to delete it shall be fined under this section or imprisoned for not more than 7 days, or both.

  1. Embezzlement.
  1. A person who embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the Empire or of any department or agency thereof, or any property made or being made under contract for the Empire or any department or agency thereof shall be fined under this section or imprisoned not more than 10 days, or both
  2. If the value of such property in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case, does not exceed the sum of Ǥ1,000, he shall be fined under this section or imprisoned not more than 3 days, or both.
  1. Destruction of property.

Whoever, knowingly and with malicious intent, deletes, edits, vandalizes, or otherwise impairs a channel shall be fined under this section or imprisoned not more than 7 days, or both.

  1. Bribery.
  1. A person who—
  1. directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent—
  1. to influence any official act; or
  1. to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the Empire; or
  1. to induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of the lawful duty of such official or person;
  1. being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for:
  1. being influenced in the performance of any official act;
  1. being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the Empire; or
  1. being induced to do or omit to do any act in violation of the official duty of such official or person;
  1. directly or indirectly, corruptly gives, offers, or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of a witness upon a trial, hearing, or other proceeding, before any court, any committee of Parliament, or any agency, commission, or officer authorized by the laws of the Empire to hear evidence or take testimony, or with intent to influence such person to absent himself therefrom;
  1. directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for being influenced in testimony under oath or affirmation as a witness upon any such trial, hearing, or other proceeding, or in return for absenting himself therefrom;

shall be fined under this section or not more than three times the monetary equivalent of the thing of value, whichever is greater, or imprisoned for not more than 10 days, or both, and may be disqualified from holding any office of honor, trust, or profit under the Empire.

  1. Forgery.

A person who counterfeits, fabricates or creates a banknote, coin or money, without authority provided for by law, or otherwise forges a currency shall be fined under this section or imprisoned not more than 7 days, or both.

  1. Tax evasion.

A person who willfully attempts in any manner to evade or defeat any tax imposed under color of any law, statute, ordinance, regulation, or the payment thereof shall be fined under this section or imprisoned not more than 7 days, or both.

SEC. 305. HIGH CRIMES

  1. Treason.
  1. A person who—
  1. owing allegiance to the Empire, levies war against them or adheres to their enemies, giving them aid and comfort within the Empire or elsewhere;
  1. owing allegiance to the Empire and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the Cabinet or to some judge of the Empire;
  1. recruits persons in the Empire, or in any place subject to the jurisdiction thereof, to engage in war against the same; or
  1. knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the Empire or the government of any State, territory, district or possession thereof;

shall suffer death, or shall be imprisoned not less than 10 days and fined under this section but not less than Ǥ10,000; and shall be incapable of holding any office under the Empire.”

  1. Espionage.
  1. A person who—
  1. knowingly and intentionally, shares classified or secret information with such persons not authorized to receive that information, or publicly releases classified or secret information; or
  1. in order to benefit a foreign power, secretly or using fraudulent means, conducts activities whose purpose is to obtain information about circumstances whose revelation to a foreign power could result in detriment to the Empire’s security, or is an accomplice to such activities other than temporarily;

shall suffer death, or shall be imprisoned not less than 10 days and fined under this section but not less than Ǥ10,000; and shall be incapable of holding any office under the Empire.

  1. Insurrection.

A person who incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the Empire or the laws thereof, or gives aid or comfort thereto, shall be fined under this section or imprisoned not more than 10 days, or both; and shall be incapable of holding any office under the Empire.

  1. Seditious conspiracy.

If two or more persons in any State, or in any place subject to the jurisdiction of the Empire, conspire to overthrow, put down, or to destroy the government of the Empire, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the Empire, or by force to seize, take, or possess any property of the Empire contrary to the authority thereof, they shall each be fined under this section or imprisoned not more than 10 days, or both.”

SEC. 306. UNLAWFUL CONTENT

  1. NSFW.

A person who, posts any content that is not safe for work, including, but not limited to, pornography, gore, mutilation, extreme violence, or otherwise obscene or frightening content outside of a designated ‘not safe for work’ channel shall suffer death, or shall be imprisoned not less than 5 days.

  1. Posting unlawful content.

A person who posts content that violates the Discord Terms of Service, the laws of the State of Iowa and the United States of America shall suffer death.

  1. Unofficial advertising.
  1. A person who posts an invite to a foreign server not made in partnership or other official capacity with the Empire shall each be fined under this section or imprisoned not more than 5 days, or both.
  1. The invite, if not already deleted, shall be deleted by the Administration upon receipt of such an order from the court.”

SEC. 307. EVASION

  1. Evading punishment.

A person who escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the Empire by any court or judge, or from the custody of an officer or employee of the Empire pursuant to lawful arrest, shall suffer death, or shall be fined under this section or imprisoned not more than 7 days, or both.”

SEC. 308. ELECTIONS

  1. Election fraud.

A person who attempts to defraud the candidacy process, or uses alternate accounts to vote in or run in elections, or gives, solicits, offers, or receives any valuable item intended to influence the vote of a voter shall be fined under this section or imprisoned not more than 5 days, or both; and shall face disqualification from that election.

  1. Foreign advertisement in elections.

A person who advertises to a foreign server or on any other means or medium to obtain votes for himself, or another, is guilty of foreign advertisement in elections shall be fined under this section or imprisoned not more than 10 days, or both; and shall face disqualification from that election.

SEC. 309. PERVERTING THE COURSE OF JUSTICE AND LAW

  1. Perjury.
  1. A person who—
  1. having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the Empire authorizes an oath to be administered, that he will testify, declare, affirm, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or
  1. procures another to commit any perjury;

shall be fined under this section or imprisoned not more than 7 days, or both.

  1. Obstruction of justice.
  1. A person who, knowingly and willfully,— 
  1. attempts to influence a presiding judge during a case they are party to;
  1. disrupts and obstructs judicial proceedings;
  1. spies on an opposing party or presiding judge during a case they are party to;
  1. attempts to bribe to obstruct a criminal investigation;
  1. impedes, violates, or obstructs any order, judgment, or decree of a presiding judge to which they are subject to;
  1. tampers with a witness, victim, or informant, or
  1. falsifies records during an investigation or judicial proceeding;

shall be fined under this section or imprisoned not more than 10 days, or both.

  1. Impersonation.

A person who falsely assumes or pretends to be an officer or employee acting under the authority of the Empire or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value, shall be fined under this section or imprisoned not more than 5 days, or both.

  1. Wire fraud.

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this section or imprisoned not more than 5 days, or both.