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DispatchBulletinPolicy

by The Republic of GA President. . 87 reads.

General Assembly Resolution #22: "Criminal Code"

G.A.R. 22
Criminal Code of the New West Indies

Author: Celestiam

Sponsors: New United Carolinas, Karteria, Deugaw, Twelve Titans

Category: Legal Affairs

Affects: All citizens of the NWI



Preamble

Acknowledging that the General Assembly passed GAR#21 into law, providing a Court and judiciary system to the New West Indies.

Highlighting that such Court would be powerless and of no use to the New West Indies if not permitted to exercise its jurisdiction on crimes, and that there is no legal text prescribing analysis or punishment of acts harmful to the New West Indies.

Emphasizing that it is now expedient that a Criminal Code listing illegal acts be created for the New West Indies.

The General Assembly of the New West Indies hereby enacts the following:

  1. List of Offences

    1. Anyone who

      1. Levies or attempts to levy war against the New West Indies, its territories, or its allies or;

      2. Aids or attempts to aid persons or organisations at war with the New West Indies, its territories, or its allies, or to persons or organisation recognised as enemies of the New West Indies;

      Has committed High Crime Treason and shall be liable to a penalty at judicial discretion of:

      • A Full Ban for a duration no shorter than the Maximum, and up to a permanent full ban.

      • Citizenship suspension for a duration no shorter than two years, and up to a permanent suspension.

    2. Anyone who

      1. Organises or participates, or attempts to organise or participate in a Coup d'Etat against a lawful Government or Officer of the New West Indies;

      2. Seizes or attempts to seize government positions or other privileges in unlawful ways or;

      Has committed High Crime Sedition and shall be liable to a penalty at judicial discretion of:

      • A Full Ban for a duration no shorter than the Maximum, and up to a permanent full ban.

      • Citizenship suspension for a duration no shorter than two years, and up to a permanent suspension.

    3. Anyone who

      1. Causes a communication platform to go out of service;

      2. Crashes, prompts a Denial of Service error, or otherwise attempts to damage or alter a communication platform;

      3. Gains unauthorised access into nation and/or communication platform accounts or spaces;

      Has committed High Crime Hacking and shall be liable to a penalty at judicial discretion of:

      • A Full Ban for a duration no shorter than the Maximum, and up to a permanent full ban.

      • Citizenship suspension for a duration no shorter than the two years, and up to a permanent suspension.

      • A permanent offsite ban from any platform the convict has hacked or attempted to hack

    4. Anyone who

      1. Discloses sensitive or classified information about the New West Indies or its activities to a foreign region, organisation or party with which the New West Indies is at war or maintains hostile relations that could not previously lawfully access such information, without the authorisation of the Government of the New West Indies;

      Has committed High Crime Espionage and shall be liable to a penalty at judicial discretion of:

      • A Full Ban for a duration no shorter than the Maximum, and up to a permanent full ban.

      • Citizenship suspension for a duration no shorter than two years, and up to a permanent suspension.

    5. Anyone who

      1. Discloses classified or sensitive information about the New West Indies or its activities to any party with which the New West Indies entertains no hostility, that could not previously lawfully access such information, without appropriate permission;

        Has committed Felony Espionage and shall be liable to a penalty at judicial discretion of at least one of the following:

        • A Full Ban for a duration no shorter than 14 days and no longer than the maximum.

        • A Region Ban for a duration no shorter than 14 days and no longer than the maximum.

        And as many of the following as the Court deems necessary

        • An Offsite Ban for a duration no shorter than 14 days and no longer than the maximum.

        • Citizenship suspension for a duration no shorter than 14 days and no longer than two years.

        • Ineligibility for a duration no shorter than 14 days and no longer than the maximum.

        • A Mute for a duration no shorter than 14 days and no longer than 90 days.

    6. Anyone who

      1. Engages or attempts to engage in raiding activities in the name of the New West Indies;

      2. Commands or attempts to command residents or citizens of the New West Indies to engage in raiding;

      3. Participates in raiding activities using any nation or puppet that resides in the NWI, any nation that is a Citizen of the NWI, and/or any puppet that is registered with the NWI;

      Has committed Felony Raiding under the New West Indies Flag and shall be liable to a penalty at judicial discretion of at least one of the following:

      • A Full Ban for a duration no shorter than 14 days and no longer than the maximum.

      • A Region Ban for a duration no shorter than 14 days and no longer than the maximum.

      And as many of the following as the Court deems necessary

      • An Offsite Ban for a duration no shorter than 14 days and no longer than the maximum.

      • Citizenship suspension for a duration no shorter than 14 days and no longer than two years.

      • Ineligibility for a duration no shorter than 14 days and no longer than the maximum.

      • A Mute for a duration no shorter than 14 days and no longer than 90 days.

    7. Anyone who

      1. Inflates the vote count of a preferred candidate or option in an election or vote by using registered and/or unregistered puppets;

      2. Inflates the vote count of a preferred candidate or option in an election or vote by using citizen accounts without the knowledge or full consent of their owners;

      3. Coerces or uses threats or force on residents or citizens to influence their vote in an election or vote;

      4. Misuses their influence or power to announce false results, invalidate some votes without justification, or otherwise interfere with the results of an election or vote.

      5. Otherwise tampers with an election or vote in such a manner that the voting results would have been different without the tampering.

      Has committed Felony Election Fraud and shall be liable to a penalty at judicial discretion of at least one of the following:

      • A Full Ban for a duration no shorter than 14 days and no longer than the maximum.

      • A Region Ban for a duration no shorter than 14 days and no longer than the maximum.

      And as many of the following as the Court deems necessary

      • An Offsite Ban for a duration no shorter than 14 days and no longer than the maximum.

      • Citizenship suspension for a duration no shorter than 14 days and no longer than two years.

      • Ineligibility for a duration no shorter than 14 days and up to a permanent duration.

      • A Mute for a duration no shorter than 14 days and no longer than 90 days.

    8. Anyone who

      1. Deletes, edits, or alters any message other than their own without the permission of the Court, the Law, or a justifiable cause;

      2. Deletes, edits, or alters user accounts in any platform owned by the Government of the New West Indies without permission of the Court, the Law, or a justifiable cause;

      3. Uses powers to commit or conceal an unlawful act that is

        1. sufficiently egregious such that they erode the public trust

        2. causing tangible harm to the region or another nation
          and

        3. malicious, negligent, arbitrary, or capricious

      4. Uses powers to discriminate against individuals based on any factor outside of their control.

      Has committed Felony Abuse of Power and shall be liable to a penalty at judicial discretion of at least one of the following:

      • A Full Ban for a duration no shorter than 14 days and no longer than two years.

      • A Region Ban for a duration no shorter than 14 days and no longer than two years.

      • An Offsite Ban for a duration no shorter than 14 days and no longer than two years.

      • Citizenship suspension for a duration no shorter than 14 days and no longer than two years.

      • Ineligibility for a duration no shorter than 14 days and up to a permanent duration.

      • A Mute for a duration no shorter than 14 days and no longer than 90 days.

    9. Anyone who

      1. Demands favours of any sort by threatening to release incriminating, compromising, offensive, libelous, or otherwise inappropriate information that is not widely known in the New West Indies;

      2. Offers to protect, and thereby implying threatening, someone from threats they control in exchange for favours of any sort;

      Has committed Felony Extortion and shall be liable to a penalty at judicial discretion of at least one of the following:

      • A Full Ban for a duration no shorter than 14 days and no longer than two years.

      • A Region Ban for a duration no shorter than 14 days and no longer than two years.

      And as many of the following as the Court deems necessary

      • An Offsite Ban for a duration no shorter than 14 days and no longer than two years.

      • Citizenship suspension for a duration no shorter than 14 days and no longer than two years.

      • Ineligibility for a duration no shorter than 14 days and up to a permanent duration.

      • A Mute for a duration no shorter than 14 days and no longer than 90 days.

    10. Anyone who

      1. Lies, omits, distorts, or otherwise provides information that does not encompass all and only the truth to the Court;

      2. Fabricates, eliminates, or tampers with the evidence presented to the Court;

      3. Witholds, conceals or denies the Court access to evidence;

      4. Misleads the Court in a way that prevents it from adjudicating with as much knowledge of the case as can be provided, and provide a fair judgement as a result;

      Has committed Felony Judicial Perjury and shall be liable to a penalty at judicial discretion of at least one of the following:

      • A Full Ban for a duration no shorter than 14 days and no longer than eighteen months.

      • A Region Ban for a duration no shorter than 14 days and no longer than eighteen months.

      And as many of the following as the Court deems necessary

      • An Offsite Ban for a duration no shorter than 14 days and no longer than eighteen months.

      • Citizenship suspension for a duration no shorter than 14 days and no longer than two years.

      • Ineligibility for a duration no shorter than 14 days and up to a permanent duration.

      • A Mute for a duration no shorter than 14 days and no longer than 90 days.

    11. Anyone who

      1. When lawfully requested or required to provide information by the Government of the New West Indies, provides false information to the Government of the New West Indies;

      2. Omits to provide information lawfully required by the Government of the New West Indies;

      3. Conceals, modifies, denies to provide or otherwise tamper with information lawfully required by the Government of the New West Indies

      Has committed Felony Administrative Fraud and shall be liable to a penalty at judicial discretion of at least one of the following:

      • A Full Ban for a duration no shorter than 14 days and no longer than one year.

      • A Region Ban for a duration no shorter than 14 days and no longer than one year.

      • An Offsite Ban for a duration no shorter than 14 days and no longer than one year.

      • Citizenship suspension for a duration no shorter than 14 days and no longer than two years.

      • Ineligibility for a duration no shorter than 14 days and no longer than the maximum.

      • A Mute for a duration no shorter than 14 days and no longer than 90 days.

    12. Anyone who

      1. Impersonates another player in Nationstates.

      2. Presents themselves as enjoying powers or prerogatives they have not lawfully obtained

      3. Misleads, conceals, or falsifies information about themselves to obtain undue gains, outside of a judicial or administrative context.

      Has committed Felony General Fraud and shall be liable to a penalty at judicial discretion of at least one of the following:

      • A Full Ban for a duration no shorter than 14 days and no longer than one year.

      • A Region Ban for a duration no shorter than 14 days and no longer than one year.

      • An Offsite Ban for a duration no shorter than 14 days and no longer than one year.

      • Citizenship suspension for a duration no shorter than 14 days and no longer than two years.

      • Ineligibility for a duration no shorter than 14 days and no longer than the maximum.

      • A Mute for a duration no shorter than 14 days and no longer than 90 days.

    13. Anyone who

      1. Offers any service and/or anything of value to influence an election, appointment, decision by an organ of Government, or any other discretionary action

      2. Accepts such an offer

      Has committed Felony Bribery and shall be liable to a penalty at judicial discretion of at least one of the following:

      • A Full Ban for a duration no shorter than 14 days and no longer than one year.

      • A Region Ban for a duration no shorter than 14 days and no longer than one year.

      And as many of the following as the Court deems necessary

      • An Offsite Ban for a duration no shorter than 14 days and no longer than one year.

      • Citizenship suspension for a duration no shorter than 14 days and no longer than eighteen months.

      • Ineligibility for a duration no shorter than 14 days and no longer than two years.

      • A Mute for a duration no shorter than 14 days and no longer than 90 days.

    14. Anyone who outside of judicial proceedings

      1. Releases untrue statements outside of satirical or ostensible and recognised insincere rhetoric that causes harm to the image or reputation of a citizen, nation, or organisation;

      Has committed Felony Defamation and shall be liable to a penalty at judicial discretion of at least one of the following:

      • A Full Ban for a duration no shorter than 14 days and no longer than one year.

      • A Region Ban for a duration no shorter than 14 days and no longer than one year.

      • An Offsite Ban for a duration no shorter than 14 days and no longer than one year.

      • Citizenship suspension for a duration no shorter than 14 days and no longer than eighteen months.

      • Ineligibility for a duration no shorter than 14 days and no longer than two years.

      • A Mute for a duration no shorter than 14 days and no longer than 90 days.

      • Post Suppression/Deletion

    15. Anyone who

      1. Breaks the Law in a Foreign Region while officially representing the New West Indies as a diplomat or equivalent in such a way that it undermines the reputation and credibility of the New West Indies and its government;

      2. Commits an act in a Foreign Region while officially representing the New West Indies as a diplomat or equivalent that would constitute a Criminal Offense in the New West Indies;

      Has committed Felony Diplomatic Misconduct and shall be liable to a penalty at judicial discretion of at least one of the following:

      • A Full Ban for a duration no shorter than 14 days and no longer than one year.

      • A Region Ban for a duration no shorter than 14 days and no longer than one year.

      And as many of the following as the Court deems necessary

      • An Offsite Ban for a duration no shorter than 14 days and no longer than one year.

      • Citizenship suspension for a duration no shorter than 14 days and no longer than eighteen months.

      • Ineligibility for a duration no shorter than 14 days and no longer than two years.

      • A Mute for a duration no shorter than 14 days and no longer than 90 days.

    16. Anyone who

      1. Has been found guilty of having committed misdemeanours at least thrice, in at least three separate trials, within a period of three months.

      Has committed Felony Repeated Misdemeanours and shall be liable to a penalty at judicial discretion of at least one of the following:

      • A Full Ban for a duration no shorter than 14 days and no longer than one year.

      • A Region Ban for a duration no shorter than 14 days and no longer than one year.

      • An Offsite Ban for a duration no shorter than 14 days and no longer than one year.

      • Citizenship suspension for a duration no shorter than 14 days and no longer than eighteen months.

      • Ineligibility for a duration no shorter than 14 days and no longer than two years.

      • A Mute for a duration no shorter than 14 days and no longer than 90 days.

    17. Anyone who

      1. Disrupts the proceedings of the Court;

      2. Repeatedly disregards orders from the Chief Justice;

      3. Repeatedly disturbs the Court by lodging frivolous charges and motions;

      Has committed Felony Contempt of Court and shall be liable to a penalty at judicial discretion of at least one of the following:

      • A Full Ban for a duration no shorter than 14 days and no longer than eight months.

      • A Region Ban for a duration no shorter than 14 days and no longer than eight months.

      • An Offsite Ban for a duration no shorter than 14 days and no longer than eight months.

      • Citizenship suspension for a duration no shorter than 14 days and no longer than fourteen months.

      • Ineligibility for a duration no shorter than 14 days and no longer than eighteen.

      • A Mute for a duration no shorter than 14 days and no longer than 90 days.

      • Post Suppression/deletion

    18. Anyone who

      1. Repeatedly disregards Court procedures;

      2. Refuses to follow a Court Order;

      Has committed Misdemeanor Contempt of Court and shall be liable to a penalty at judicial discretion of at least one of the following:

      • For the most severe cases, a region ban for a duration no longer than 14 days

      • For the most severe cases, an offsite ban for a duration no longer than 14 days

      • A Mute for a duration no longer than 14 days

      • Post suppression/deletion

    19. Anyone who, while subject to a lawful sentence issued by the Court for the commission of a Criminal Offense or a lawful summary punishment issued by the Secretariat or Founder:

      1. Violates the terms of the sentence;

      2. Takes any action that would otherwise undermine or evade the sentence;

      Has committed Felony Evasion of a Lawful Sentence and shall be liable to a penalty at judicial discretion of the following:

      • On the first offense, a Full Ban of no less than 14 days and no longer than 3 months;

      • On the second offense, a Full Ban of no less than 3 months and no longer than 1 year;

      • On the third or subsequent offenses, a Full Ban of no less than one year and no longer than the maximum;

      As well as Citizenship Suspension for twice the length of the Full Ban.

    20. Anyone who

      1. Publishes malicious, discriminatory, or defamatory content related to any person's religion, sexual orientation, political beliefs, gender identity, age, nationality, ethnicity, skin tone, or any other factor of differentiation outside the control of the victim;

      2. Publishes content threatening regional security

      Has committed Felony Abusing Freedom of Expression and shall be liable to a penalty at judicial discretion of one or more of the following penalties:

      • A Full Ban for a duration no shorter than 14 days and no longer than eight months.

      • A Region Ban for a duration no shorter than 14 days and no longer than eight months.

      • An Offsite Ban for a duration no shorter than 14 days and no longer than eight months.

      • Citizenship suspension for a duration no shorter than 14 days and no longer than fourteen months.

      • Ineligibility for a duration no shorter than 14 days and no longer than eighteen.

      • A Mute for a duration no shorter than 14 days and no longer than 90 days.

      • Post Suppression/deletion

    21. Anyone who

      1. Publishes obscene or clearly inappropriate content.

      2. Publishes insulting content or attacks on personality.

      Has committed Misdemeanor Abusing Freedom of Expression and shall be liable to a penalty at judicial discretion of at least one of the following:

      • For the most severe cases, a region ban for a duration no longer than 14 days

      • For the most severe cases, an offsite ban for a duration no longer than 14 days

      • A Mute for a duration no longer than 14 days

      • Post suppression/deletion

    22. Anyone who

      1. Outside of any place designed for this purpose, excessively and repeatedly posts information that is out of place and does not contribute to any idea or discussion.

      Has committed Misdemeanor Spamming and shall be liable to a penalty at judicial discretion of at least one of the following:

      • For the most severe cases, a region ban for a duration no longer than 14 days

      • For the most severe cases, an offsite ban for a duration no longer than 14 days

      • A Mute for a duration no longer than 14 days

      • Post suppression/deletion

    23. Anyone who

      1. Ignores, disregards moderator warnings, or intentionally breaks the rules of a communication platform, may it be a server, channel, forum, message board, or other platform owned by the Government of the New West Indies

      Has committed Misdemeanor Violating Communication Rules and shall be liable to a penalty at judicial discretion of at least one of the following:

      • For the most severe cases, a region ban for a duration no longer than 14 days

      • For the most severe cases, an offsite ban for a duration no longer than 14 days

      • A Mute for a duration no longer than 14 days

      • Post suppression/deletion

    24. Anyone who

      1. Recruits for the New West Indies employing telegrams, RMB posts or conversations of any sort within an allied region, except when nations recruited have been residing in the allied region for less than 24 hours;

      Has committed Misdemeanor Recruiting from an allied region and shall be liable to a penalty at judicial discretion of at least one of the following:

      • For the most severe cases, a region ban for a duration no longer than 14 days

      • For the most severe cases, an offsite ban for a duration no longer than 14 days

      • A Mute for a duration no longer than 14 days

      • Post suppression/deletion

    25. Anyone who

      1. Recruits for a foreign region employing telegrams, RMB posts or conversations of any sort within the New West Indies, except when nations recruited have been residing in the New West Indies for less than 24 hours;

      Has committed Misdemeanor Unauthorised Recruitment and shall be liable to a penalty at judicial discretion of at least one of the following:

      • For the most severe cases, a region ban for a duration no longer than 14 days

      • For the most severe cases, an offsite ban for a duration no longer than 14 days

      • A Mute for a duration no longer than 14 days

      • Post suppression/deletion

  2. Additional provisions

    1. Aiding or abetting any crime shall be considered as equivalent to committing the crime, and may be tried and punished by the High Court in the same means as the main perpetrator of the Crime.

    2. Ordering, demanding, or encouraging the commission of any crime shall be considered as equivalent to committing the crime, and may be tried and punished by the High Court in the same means as the main perpetrator of the Crime.

    3. Attempting to commit any crime shall be considered as equivalent to committing the crime, and may be tried and punished by the High Court in the same means as the main perpetrator of the Crime.

      1. Intent to commit a crime alone is insufficient to prove an attempt was made. Attempts necessitate some action showing evidence of a crime being undertaken.

  3. Jurisdiction

    1. The High Court shall exert full and sole jurisdiction to try crimes listed in this Criminal Code committed in the New West Indies or by official representatives of the New West Indies abroad.

    2. The High Court shall not have jurisdiction over actions that pertain to the real-life identities of victims rather than their existence on Nationstates.

      1. Such crimes shall instead be dealt with by the Founder or their delegate, and appropriate authorities such as platform admins or real-life authorities shall be alerted when appropriate.

    3. The High Court shall not have jurisdiction over misdemeanors having taken place more than thirty days prior to the filing of charges for this misdemeanor.

    4. Crimes alleged to have been committed prior to the passage of this Resolution, that have not already been adjudicated by the Founder or Secretariat, shall still be placed under the High Court's jurisdiction.

    5. It shall be unlawful for the Criminal Court to find defendants guilty of crimes not listed in the present code.

  4. Enactment

    1. This Code may only be enforced if GAR#21 "Establishment of a Judicial System" is approved by the General Assembly.

    2. This act does not invalidate or weaken the legitimacy of judgements pronounced before its passage.

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The Republic of GA President

Edited:

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