File Criminal Charges

[Eluvatar]

[wiki=Constitution#Section_1:_Powers_and_Limitations_3]Court Powers[/wiki]

1. The Court will try criminal cases under the law and civil cases between citizens.
2. The Court will arbitrate disputes relevant to Taijitu between any citizens seeking arbitration.
3. The Court's power to try civil cases and arbitrate disputes may be regulated by law.

The [wiki]Due Process Act[/wiki] includes regulation of criminal charges:

1. Criminal Charges
 a. The Ministry of Justice and Ministry of Regional Security may bring criminal charges against any person.
 b. If charges are brought, the Chief Justice will decide whether to hold a trial.
 c. If the Chief Justice decides not to hold a trial, the same charges may not be brought against the same person again.
 d. No charges may be brought if sixteen weeks have passed since the alleged offense was detected.Arrests
2. Arrests
 a. The Ministry of Justice and Ministry of Regional Security may arrest persons suspected of criminal offenses.
 b. If an arrest is made, criminal charges will be presented to the Chief Justice.
 c. If no charges are presented within one week or the Chief Justice decides not to hold a trial, the arrested will be freed.

This is where the executive branch should submit criminal charges against any person they wish to try.

An arrested person must be charged with a crime within a week of their arrest. There are no exceptions.

Charges should be submitted including the name of the official filing the charges, their position in the executive permitting them to file charges, an affirmative statement that there is probable cause to believe the defendant committed one or more crime(s), the name(s) of the defendant, and for each crime the defendant is charged with it must be listed together with a reference to the law criminalizing it -- along the lines of the below template:

Plaintiff, Taijitu
v. [nation]Testlandia[/nation] [[nation]Maxtopia[/nation], [nation]Bigtopia[/nation], allegedly [violet]], Defendant.

Eluvatar, an Agent of the Ministry of Regional Security makes complaint to the Court and states that there is probable cause to believe that the Defendant committed the following offenses:

Count 1:

Violation of the rules of NationStates: [nation]Testlandia[/nation] constantly violates the script rules by automatically loading every action on nationstates, exceeding the 6 action per minute limit. This constitutes a violation of the [wiki=Criminal Code#Section_2:_Felonies]Criminal Code, Section 2[/wiki] clause 3f, as further defined by the Script Rules.

(click to show/hide)

Code: [Select]

[quote=Charges against Testlandia]Plaintiff, Taijitu
v. [nation]Testlandia[/nation] [[nation]Maxtopia[/nation], [nation]Bigtopia[/nation], allegedly [url=http://forum.nationstates.net/memberlist.php?mode=viewprofile&u=2][violet][/url]], Defendant.

Eluvatar, an Agent of the Ministry of Regional Security makes complaint to the Court and states that there is probable cause to believe that the Defendant committed the following offenses:

[b]Count 1[/b]:

Violation of the rules of NationStates: [nation]Testlandia[/nation] constantly violates the script rules by automatically loading every action on nationstates, exceeding the 6 action per minute limit. This constitutes a violation of the [wiki=Criminal Code#Section_2:_Felonies]Criminal Code, Section 2[/wiki] clause 3f, as further defined by [url=http://forum.nationstates.net/viewtopic.php?p=8196078#p8196078]the Script Rules[/url].[/quote]

Please do not post in this topic except as an official empowered to file charges, filing charges.

[Funkadelia]

Pre-Script: I understand that it is required to have the authority to file criminal charges, however there is no executive other than the Defendant in this suit that could have the power to do so. I request the court review this as a request for criminal charges, with more gravity than filing a civil lawsuit.

Plaintiff, Funkadelia
v. Delegate Delfos, Defendant

Funkadelia, a concerned citizen of Taijitu, makes a complaint to the Court and states that there is reasonable cause to believe that the Defendant has committed the following offenses:

Count 1:

Violation of Criminal Code Section 2, Subsection 3, Point e. The Defendant implied that the method the Defendant was using to carry out the referendum: "Emergency Government Act" were legitimate, where in fact they were not, according to the Elections and Referendums act.

Count 2:

Violation of Criminal Code Section 2, Subsection 3, Point e. The Defendant implied that the results of the illegal referendum were legitimate, where in fact they were not, according to the Elections and Referendums act.

[Eluvatar]

Pre-Script: I understand that it is required to have the authority to file criminal charges, however there is no executive other than the Defendant in this suit that could have the power to do so. I request the court review this as a request for criminal charges, with more gravity than filing a civil lawsuit.

Plaintiff, Funkadelia
v. Delegate Delfos, Defendant

Funkadelia, a concerned citizen of Taijitu, makes a complaint to the Court and states that there is reasonable cause to believe that the Defendant has committed the following offenses:

Count 1:

Violation of Criminal Code Section 2, Subsection 3, Point e. The Defendant implied that the method the Defendant was using to carry out the referendum: "Emergency Government Act" were legitimate, where in fact they were not, according to the Elections and Referendums act.

Count 2:

Violation of Criminal Code Section 2, Subsection 3, Point e. The Defendant implied that the results of the illegal referendum were legitimate, where in fact they were not, according to the Elections and Referendums act.

This office cannot and will not recognize any charges laid by any person not authorized to do so. The [wiki]Due Process Act[/wiki] exclusively authorizes the Minister of Regional Security and the Minister of Justice to file charges. No provision is made for filing charges against the Delegate when neither Ministry exists. The system of government does not render the Delegate an autocrat of course; the Senate may impeach them, at which point a referendum must be held, but that is the primary check against the Delegate.

[Funkadelia]

However in this system, it effectively does render the Delegate an autocrat, due to the fact that there are no sitting Senators.