SoggehToast
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Minister for Justice
Member of Parliament
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SoggehToast
Minister for Justice
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A
BILL
TO
Amend Miscellaneous Provisions of Judicial and Criminal Law
1 - About this ActBILL
TO
Amend Miscellaneous Provisions of Judicial and Criminal Law
(1) This Act
(a) may be cited as the Administration of Justice Amendment Act.
(b) may be numbered as P.B.04-###.
(c) shall be enacted immediately upon receiving assent from His Majesty the King.
(d) has been authored by SoggehToast.
(e) has been co-sponsored by [Co-sponsor].
2 - General Provisions(1) Any reference to the “Magistrate’s Court” or “Magistrate Court” in any written law shall be amended to read “Magistrates Court.”
3 - Amendments to the Criminal Code Act
(1) §2 - General Provisions shall be amended in the following manner:
“(1) This Code constitutes the exclusive and exhaustive listing of all criminal offenses within the jurisdiction of the Kingdom of Alexandria for conduct occurring after its enactment. No person may be charged with a criminal offense unless that offense is contained within this Act, except where the conduct constituted an offense under the Criminal Code and Procedure Act at the time it occurred.
(2) Any new offense that seeks to impose a fine or imprisonment must be introduced as an amendment to this Act.
(1) Any statute which purports to create a criminal liability must be located within the Criminal Code Act. If an offense is not defined within this Act, a player cannot be held criminally liable for that offense.
(2) For a criminal offense to occur, a player must have both a guilty mind and a guilty action. A guilty mind requires a showing that the player acted intentionally, knowingly, willfully, recklessly, or negligently. A guilty action requires showing that through their guilty mind, a player acted in a defined way to commit the criminal offense.
(3) A player may not be held criminally liable for conduct that substantially occurred during an event if that conduct was in furtherance of the goals or spirit of that event defined by staff or the Ministry of Internal Affairs."
(2) §7 - Offenses Against the Person shall be amended in the following manner:
“7 - Offenses Against the Person
(1) Murder - A player is guilty of murder if they intentionally and knowingly, or with extreme recklessness, kill another player. without consent from that player.
(a) Offense Type: Summary
(b) Maximum Penalty: 4 Penalty Units fine + 30 minutes in jail"
4 - Amendments to the Criminal Procedure Act(1) The following new subsection shall be inserted at the end of §2 - Definitions:
“(10) "Bernard rights," also known as "Bernards," shall refer to the rights guaranteed under §22 of this Act. A player is "Bernardized" when a peace officer has informed them of their Bernard rights in accordance with §22 prior to interrogation.”
(2) §9 - Summary Offenses shall be amended in the following manner:
“9 - Summary Offenses
[..]
(3) On appeal, the defendant shall receive a full trial before a judicial officer, where the prosecution shall bear the burden of proving guilt Beyond a Reasonable Doubt. The Judiciary shall have full authority over Summary Offense trial and sentencing procedure, notwithstanding §17 and §18 of this Act. The judicial officer may dismiss the charges at any time, whereupon the punishment shall be reversed. all criminal liability arising from those charges shall be nullified, jail time imposed shall be lifted, and fines paid shall be reimbursed to the defendant in full."
(3) §19 - Court Offenses shall be amended in the following manner:
“(1) Court Offenses, as defined in the Criminal Code Act, shall be adjudicated and punished by the Judiciary according to such procedures as the Judiciary may establish. Appellate jurisdiction over Court Offenses shall be exclusively reserved to the Judiciary.”
(4) The following new section shall be inserted at the end of §25 - Seizure of Property and Assets, and the following sections shall be renumbered accordingly:
“26 – Enforcement of Unpaid Fines
(1) Where a fine has been lawfully imposed under this Act or the Criminal Code Act, the Ministry of Justice shall make reasonable efforts to deduct the prescribed fine amount directly from the defendant's balance.
(2) Where a defendant's balance is insufficient to pay their fine in full, the Ministry of Justice shall make reasonable efforts to put the defendant on notice of their outstanding fine.
(3) The Ministry shall make reasonable efforts to establish an agreement between the Ministry and the defendant under which the Defendant shall pay the fine in installments over time.
(4) Where a defendant has been put on notice of an outstanding fine for 14 days, and has neither voluntarily paid their outstanding fine to the Ministry of Justice, agreed to a payment plan with the Ministry, or accrued sufficient balance to cover their fine, the Ministry of Justice may apply to the Magistrates Court for an order permitting the Ministry of Justice to seize and auction the defendant’s assets.
(5) Any surplus proceeds collected from the auctioning of a defendant's assets must be returned to that player, after administrative costs incurred from the seizure and auction process have been deducted from the total amount.”
5 - Amendments to the Government Organization Act
(1) §21 - Jurisdiction of the Chancery Court shall be amended in the following manner:
“[..]
(2) The Chancery Court shall manage the qualifications for all practicing members of the Alexandrian legal profession. The Chancery shall create a board for the licensure of legal professionals. The Chancery may enact regulations and requirements to further the professionalism of the legal profession as they determine. The Chancery Court shall have both original and appellate jurisdiction over all disputes arising out of this section, and may delegate either jurisdiction to a subsidiary as they see fit."
(2) §22 - Powers of the Chancery Court shall be amended in the following manner:
“(1) The Chancery Court, in exercise of its original jurisdiction in any cause or matter pending before it, whether originated in the Chancery Court or appealed from another Court, shall have power to grant, either absolutely or on such terms and conditions as are just, all such remedies whatsoever as many any of the parties are entitled to in respect of any legal or equitable claim properly brought before the Full Court for consideration.“
(3) The following new subsection shall be inserted at the end of §24 - Powers of the Magistrates Court:
“(6) The Magistrates Court shall have power to grant either, absolutely or on such terms and conditions as are just, all such remedies whatsoever as any of the parties are entitled to in respect of any legal or equitable claim properly within its jurisdiction and brought before it for consideration. Any remedy granted by the Magistrates Court is subject to the oversight of the Chancery.”
(4) §25 - General Provisions shall be amended in the following manner:
“(1) The Chancery may submit amendments to Sec. 18-21 21-24 through transmission to the Minister of Justice. to the Speaker’s Office, which shall introduce the amendment on the Chancery’s behalf. The Minister of Justice shall propose the amendment on their behalf, but is not required to give it support. Parliament may accept, modify, or reject the proposal from the Chancery. If parliament modifies the proposal, it must transmit the modification to the Chancery for acceptance, modification, or rejection. This process shall continue until the amendment is accepted or rejected.
(2) Parliament may amend Sec. 18-21 as it sees fit, but amendments to this act shall only come into effect if the Chancery accepts the amendments.”
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