Evidential Standards Act 2020
An act to set and maintain standards for evidence submitted before the People’s Tribunal
Now, therefore, BE IT ENACTED by the order of the glorious Constitution of the Revolutionary Republic, by and with the advice and consent of the Citizens of The Communist Bloc, in this present Legislative Committee, assembled, and by the authority of the same, as follows-
ARTICLE I - Definitions
(1) "Evidence” shall refer to any information brought before the People’s Tribunal for the purpose of determining a criminal or civil case.
(2) “Criminal case” shall refer to any dispute brought before the People’s Tribunal concerning allegations of conduct in contravention of the Criminal Law Act (2016).
(3) “Civil case” shall refer to any dispute brought before the People’s Tribunal concerning allegations of conduct in contravention of any law that is not the Criminal Law Act (2016).
(4) “Court” shall refer to a court created by the People’s Tribunal for the purposes of making a ruling on a criminal or civil case.
(5) “Presiding justice” shall refer to the members of the People’s Tribunal overseeing any given case before a court.
(6) “Verification” shall refer to the act of showing or checking that something is true or accurate.
Article II - Category
(7) This Act shall be classified as a Type IV Criminal law.
Article III - Evidential Standards
(8) Citizens of the Communist Bloc are entitled to submit evidence to bolster a legal case.
Evidence must be true, presented in context, and must not be falsified in any manner.
The presiding justice of a given court case shall have the right to request additional evidence from any party, where that evidence is relevant to the case being heard.
Parties to a dispute may request the presiding justice exercise their right to summon additional evidence, at the discretion of the presiding justice.
Where it is not applicable for the presiding justice to gather the evidence themselves, an agent acting upon their behalf may do so.
Should this information require access to moderation tools, the citizen may request the Peoples Tribunal, or an agent acting on their behalf, gather this information.
The Peoples Tribunal must exhaust all reasonable options in seeking the requested information, should they believe that it is relevant to the case.
The Peoples Tribunal may use any powers at their disposal to gain this information
Should access to this information be refused, the person refusing the information may be charged with an appropriate crime.
(9) Evidence must be submitted within a reasonable timeframe before a trial, defined by The Peoples Tribunal, in order to verify it as true.
The Peoples Tribunal may, where it finds the evidence irrelevant to the trial or falsified, move to disregard the evidence and disallow it from being presented at trial.
An individual may contest where The Peoples Tribunal finds evidence irrelevant, having the opportunity to state why it is relevant to the case.
Evidence obtained or provided in such a way as to violate the rights granted to citizens or other persons in the Constitution or other laws must be disallowed, no matter its merits in the case.
(10) Persons wishing to have evidence declared as sensitive must directly and privately submit evidence to the Presiding Justice.
(11) The Presiding Justice may declare evidence as sensitive where it is relating to:
real life information,
the military or private diplomatic affairs of The Communist Bloc or any of its allied entities,
the internal administration, management or access details of any communication channel operated by The Communist Bloc or any of its allied states, except where it is integral to the case or,
other information where the Presiding Justice deems it sensitive.
An individual may highlight or request any evidence to be declared sensitive if it relates to any personal information.
Should the Presiding Justice declare evidence to be sensitive, they may request it be removed from public view until such time it is no longer sensitive.
The Presiding Justice may publicly present sensitive evidence as a redacted document, where any sensitive information is removed, where other information in the document is pertinent to the case.
The Presiding Justice may define its own procedure for discussing sensitive information in a legal case.
Evidence in which real-life information is included must remove the real-life information, unless all affected parties agree to permit the public release thereof.
Article IV - Judicial Powers
(12) In hearing a civil case, the Presiding Justice shall have the ability to request evidence be submitted to the People’s Tribunal for verification
(13) In hearing a criminal case concerning conduct only in contravention of Article V of the Criminal Law Act (2016), the Presiding Justice shall have the ability to request evidence be submitted to the People’s Tribunal for verification.
Article V - Administrative Powers
(14) The Tribunal may order and mandate the Administrative Council to verify evidence submitted to the Tribunal.
(15) The Administrative Council may only verify evidence using the powers granted to it by the Constitution.
Article VI - Procedure
(16) The presiding justice reserves the total discretion to nominate which pieces of evidence be submitted, and the period of time in which the parties are to do so.
The Tribunal may extend the period of time for evidence submission.
Parties may request extensions to the period of time for evidence submission at the discretion of the Tribunal
(17) Parties requested to submit evidence to the People’s Tribunal must do so within the period of time nominated by the presiding justice else, the nominated evidence shall be considered withdrawn from before the court
(18) The People’s Tribunal shall review the evidence submitted and make its own submission to the court as to the evidence’s veracity.
(19) The submission from the People’s Tribunal may determine the evidence is real, falsified, or status indistinguishable.
(20) The People’s Tribunal may then disregard evidence found to be falsified or indistinguishable at it’s discretion.
Evidence disregarded in this manner shall be considered withdrawn and is unable to be considered in making a ruling on the relevant case.
Deliberate submission of falsified evidence may be grounds to either abandon a trial, or automatically find in favour of the other party, at the discretion of the People’s Tribunal.
Article VII - Subsequent Cases and Appeals
(21) Submissions relating to the status of evidence in a case are themselves capable of being submitted as evidence in later cases.
(22) Parties to a case may request a reassessment of disregarded or disqualified evidence upon appealing the relevant case ruling, in accordance with the relevant appeal procedure.
(23) Upon appealing a Judgement, parties to a case may request that any evidence submitted be re-considered for verification by the People's Tribunal, should it not have been already verified as part of the original case.
(24) Parties to a case may not seek to withdraw previously submitted evidence when appealing the relevant case ruling, nor may said parties seek to modify or edit previously submitted evidence, unless it is to add further information or contextual details.
Article VIII - Schedule
(25) This act shall be considered legally binding following majority assent from the Legislative Committee, as well as majority assent from the People’s Assembly.
Written and proposed by Aquila Vytherov