[Bill] Criminal Code

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Primo de Aguilar
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[Bill] Criminal Code

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The Criminal Code Act 1656

An Act to ordain the Criminal Code of the Free and Associative Kingdom of Constancia

Be it enacted by the Βασιλεύς’s πλέον Βασιλεύς Μεγαλειότατε, by and with the advice and consent of the Δικαστής, in this present Σύνκλητος assembled, and by the authority of the same, as follows:—



Article 1 - Definitions and General Provisions

Section 1. The purpose of Constancian law is to govern the relations of humans in the public sphere, and to guarantee the protection of the subjects of the Basileus as mandated by tradition and the social contract between sovereign and subject.

Section 2. No act shall be considered a crime that is not specifically declared unlawful, except where His Constancian Majesty or his Plenipotentiary finds acts to be contrary to and in breach of His Constancian Majesty's peace, or injurious to His Constancian Majesty's subjects, or conduct unworthy of a subject of His Constancian Majesty.

Section 3. Ignorance of the Law on the part of the accused is not deemed to be admissible as a valid reason for escaping justified punishment for acting in the commissioning of a crime, even if it were presupposed to have been embarked upon solely as a consequence of the aforementioned state of ignorance.

Section 4. Persons who are not subjects of His Constancian Majesty, yet reside or dwell or are present, for whatever purpose, within the Free and Associative Kingdom of Constancia, with or without lawful authority to do so, are deemed to be subjects of His Constancian Majesty for the purpose of this Act

Section 5. Judicial Authority is defined as all persons and offices mandated by His Constancian Majesty to dispense justice in accordance with law.

Section 6. An inquisitional or prosecutorial authority is that which has been specifically tasked by His Constancian Majesty or His Constancian Majesty's Government with the investigation and eradication of crime and criminals, in accordance with law.

Section 7. As used in this Act, except where otherwise specified, the Authority in this Act shall refer to His Constancian Majesty, or His Constancian Majesty's Government.

Section 8. A Person in Authority is defined as those individuals who hold an office in the direct service of His Constancian Majesty or through His Constancian Majesty's Government, including commissioned officers in His Constancian Majesty's armed and uniformed forces.

Section 9. No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied equal protection under the laws.



Article 2 - Crimes against the Basileus and the Kingdom

Section 1. The person of the Basileus, and the institution of the reigning House is sacred and inviolable, and one of revered public esteem.
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Section 2. Whoever ridicules, defames, insults or threatens the Basileus, the Basileusa, the appointed Plenipotentiaries of the Basileus, or the reigning House or any of its members, is guilty of the offense of Lese-Majeste, and shall, if a subject of His Constancian Majesty, shall be subject to forfeiture of liberty by imprisonment, or hard labor, at the judgment of the court, for one year, subject to the mercy of His Constancian Majesty; if a foreigner, shall be subject to five strokes of public lashing for each defamatory or insulting word or ridicule, and henceforth deported and perpetually prohibited from the Free and Associative Kingdom, subject to the mercy of His Constancian Majesty.

Section 3. Whosoever shall, with premediation or malice, physically harm the Basileus, the Basileusa, the appointed Plenipotentiaries of the Basileus, or the reigning House or any of its members is guilty of the offense of Greater Lese-Majeste, and shall, if a subject of His Constancian Majesty, shall be subject to public lashing and forfeiture of liberty by imprisonment, or hard labor, at the judgment of the court, for one year, subject to the mercy of His Constancian Majesty; if a foreigner, shall be subject to five to 20 strokes of public lashing, at the judgment of the court, and henceforth deported and perpetually prohibited from the Free and Associative Kingdom, with all loyal subjects commanded to do the offender harm, if found once more within the Free and Associative Kingdom, subject to the mercy of His Constancian Majesty.

Section 4. The Basileus is the living symbol and personification of the Free and Associative Kingdom. Any attack upon the infrastructure of His Constancian Majesty's Government, be it infrastructure or employees, shall be construed as an attack on the person of the Basileus himself.

Section 5. Where any number of persons conspire to commit such a crime as specified under these articles, against the person, likeness or plenipotentiaries, of the Basileus, or any other crime direct against the same, and the crime does not occur – when it is subsequently discovered it shall be regarded in such a way that the guilty parties will be punished in a manner consistent with how they would have been punished had the act in-fact been committed.

Section 6. A person who, being a subject of His Constancian Majesty, does anything tending to the death of the Basileus; levies war, or does any act preparatory to levy war, against the Basileus or the Kingdom; assists by any means whatever, with intent to assist, an enemy at war with the Kingdom, whether or not the state of public emergency or a state of war has been declared; assists another person who is, to his knowledge, guilty of treason in order to enable him to escape punishment; or knowing that a person intends to commit treason, does not give information thereof to His Constancian Majesty's Government or to any further authority, shall be guilty of a crime, called Treason, and, after conviction by the court, shall be liable to the punishment of death by musketry, artillery, guillotine, or other form of execution, with all personal property forfeited in favor of His Constancian Majesty's Government.

Section 7. A person who shall do any act or thing to overthrow, or attempt to overthrow the Basileus or His Constancian Majesty's Government, by revolution or sabotage or to overthrow by force or violence the duly established local government, shall be guilty of a crime, called Treachery, and, after conviction by the court, shall be liable to the punishment of death by musketry, artillery, guillotine, or other form of execution, with all personal property forfeited in favor of His Constancian Majesty's Government.

Section 8. Any person who carries out an act to destruct any thing, substance or material that is used, or intended to be used, to the defense of the Kingdom, or to the maintenance of the internal security and public order therein, shall be guilty of a crime, called Sabotage, and liable to the punishment of death by musketry, artillery, guillotine, or other form of execution, with all personal property forfeited in favor of His Constancian Majesty's Government.

Section 9. Any person who, with the intention of causing violence or creating public disorder or public disturbance, says, writes, prints, utters or publishes any words bringing the Mesazon or His Constancian Majesty's Government, or any court of law into contempt; to excite disaffection against the Kingdom; to excite the subjects of the Kingdom to attempt to procure the alteration, otherwise than by lawful means, of any matter established by law of the Kingdom; to promote feelings of ill-will between the ethnicities, races and classes of the subjects of the Kingdom so as to endanger the peace, order and good government of the Kingdom; or counsels or advises any person to commit any of the aforesaid acts; shall be guilty of a crime, called Subversion of the Kingdom, and liable to the punishment of suspension of civil rights and subject to forfeiture of liberty by imprisonment, or hard labor, at the judgment of the court, for one year for each offense.

Section 10. Any person who, with an intent prejudicial to the safety or defense of the Kingdom, makes within or without the territory of the Imperial Republic, a sketch, plan or photograph of a place or thing, or a note or document of a thing, that is likely to be, might be or is intended to be directly or indirectly useful to an enemy or a foreign nation; obtains, collects, records, uses, has in possession or communicates to another person any information, including an opinion or a report of a conversation, that is likely to be, might be or is intended to be useful to an enemy or a foreign nation; or approaches, is in, enters, inspects or passes over a place prohibited by an Act or other military order; shall be guilty of a crime, called Espionage, and liable to the punishment of death by musketry, artillery, guillotine, or other form of execution, with all personal property forfeited in favor of His Constancian Majesty's Government, if done during a state of war, or emergency, and forfeiture of liberty by imprisonment, or hard labor, at the judgment of the court, for two years for each offense.

Section 11. Anyone who, in contravention of the provisions of the laws, intends, attempts, or makes preparations to detach any part of the territory of the Kingdom from allegiance to the Basileus or to His Constancian Majesty's Government, shall be guilty of a crime, called Dismemberment of the National Territory, and liable to death by musketry, artillery, guillotine, or other form of execution, with all personal property forfeited in favor of His Constancian Majesty's Government, at the judgment of the court.

Article 3 - Crimes against the natural Person

Section 1. An individual who, unless it is approved by an Act, does any act, or attempts to do any act, with premeditation and malice, to cause the death or destruction of another individual, shall be guilty of a crime, called Murder, and liable to the punishment of death or life imprisonment, at the judgment of the court.

Section 2. An individual who, involuntarily and without premeditation or malice, does an act to cause the death or dismemberment of another individual shall be guilty of a crime called Homicide, and liable to the punishment of forfeiture of liberty by imprisonment, or hard labor, at the judgment of the court, for two years for each offense, at the judgment of the court.


Section 3. A person, who, with malice and without the consent of another person, uses the name of such person, shall be guilty of a crime, called Identity Theft, and liable to the punishment of suspension of civil rights for a period fixed by the court, not to exceed ten years.

Section 4. A person who, in order to cause a mistake of another person, uses a name, or declares to have a character, that is not his own, shall be guilty of a crime, called Deceit, and liable to the punishment of suspension of civil rights for a period fixed by the court not to exceed ten years or of forfeiture of property.

Section 5. A person who takes into his possession any thing of any kind, including money, that belongs to another person, unless such an act is made in execution of a law or a contract, without receiving leave to do so from His Constancian Majesty's Government, shall be guilty of a crime, called Theft, and liable to the punishment of suspension of civil rights for a period fixed by the court.

Section 6. A person who commits the act defined in the precedent Section 5 in taking a thing that is entrusted to him by another person shall be guilty of a crime, called Fraud, and liable to the same punishment as is prescribed by the precedent section.

Section 7. If two or more persons agree to commit any crime defined in this Act, but the intended crime shall not be committed, each of these persons shall be guilty of a crime, called Conspiracy, and liable to the same punishment that is prescribed by this Act for the crime they have agreed to commit.

Article 3 - Repeal, Extent, Commencement and Short Title


Section A) This Act extends to the whole of the Free Associative Kingdom of Constancia

Section B) This Act comes into force upon receipt of Vasilikí Singatáthesi

Section C) This Act may be cited as The Criminal Code Act 1656
(Inspired by the Criminal Code of Shireroth)

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Primo de Aguilar
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Re: [Bill] Criminal Code

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Maria Tatiana Demetriou and her 9 other deputies from Ergatikó Kómma tou Sosialismoú - EKS, the Workers Party of Socialism, duly moved and seconded two motions to amend the measure:

- including a provision that being a practicing profiteering capitalist be deemed a capital crime and punishable by death or life imprisonment

- including a provision that oppression of the working class be deemed a capital crime and punishable by death or life imprisonment

Both motions to amend were soundly defeated when they came to a vote.

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Primo de Aguilar
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Re: [Bill] Criminal Code

Post by Primo de Aguilar »

In favour: 50
31 - Kómma ton Syntiritikón Monarchikoí
12 - Fileléfthero Kómma Foní
7 - Kómma ton Apoikión

Against: 10
10 - Ergatikó Kómma tou Sosialismoú


Abstain: 0

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Primo de Aguilar
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Re: [Bill] Criminal Code

Post by Primo de Aguilar »

Jaime Augustin Joaquin Primo de Aguilar by the Grace of the Basileus Autokrator To Our trusty and well beloved the Dikastís in the Synklētos assembled

GREETING:

FORASMUCH as the Criminal Code Act 1656 has been passed by the Synklētos and has been submitted to Us for Our Vasilikí Singatáthesi by the Speaker of the Synklētos in accordance with the Constitutional Settlement Act of 1463 the short Titles of which Bills are set forth in the Schedule hereto but those Bills by virtue of the Constitutional Settlement Act of 1463 do not become Acts of the Synklētos nor have effect in the Law without Our Vasilikí Singatáthesi signified by Letters Patent under Our Constancian Seal signed with Our own hand and recorded in the Register of the Great Seal We have therefore caused these Our Letters Patent to be made and have signed them and by them do GIVE Our Vasilikí Singatáthesi to this Bill.

COMMANDING ALSO the Keeper of Our Constancian Seal to seal these Our Letters with that Seal.

AND FINALLY WE DECLARE
that, in accordance with the Constitutional Settlement Act of 1463, at the beginning of the day on which Our Vasilikí Singatáthesi has been notified as aforesaid the said Bill shall become an Act of the Synklētos.

IN WITNESS WHEREOF We have caused these Our Letters to be made Patent.

WITNESS Ourself at The Constitutional Palace the 24th day of Phoinikaios in the 40th year of The Basileus' Reign.

By The Autokrator Himself Signed with His Own Hand,


Jaime Augustin Joaquin Primo de Aguilar

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