Gralan Criminal Judicial Procedure Act

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Gerk
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Gralan Criminal Judicial Procedure Act

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Gralan Criminal Judicial Procedure Act

Section 1: The following regulations shall be applied to all Imperial Criminal Court cases.

Section 2: At any point before or during a Criminal Court case, the Prosecution and Defense may meet to discuss a Plea Bargain. The Plea Bargain shall entail the Defense pleading Guilty to one or more specific charges in return for a reduced sentence or criminal charge. Should the Plea Bargain entail a different charge than originally brought to Court, the original charges shall be dropped, and the new charge shall be tried in Court. The Judge is still responsible for the ultimate sentencing in the case.

Section 3: The trial shall begin with the Judge reading the charges against the accused, and asking for a plea for each one. The accused may plead either ‘Guilty,’ ‘Not Guilty,’ or ‘No Contest.’ A Guilty plea entails the forfeit to a trial and the opportunity to defend oneself, and an immediate, though possibly less harsh, sentencing. A Not Guilty plea requires the trial to commence, and a conviction by the Judge before sentencing can occur. Pleading Not Guilty is not a crime, and the accused cannot be charged with Perjury because of the plea at a later time, regardless of the decision of the Court. A plea of No Contest, like a Guilty Plea, entails the forfeit to a trial and the opportunity to defend oneself, and an immediate sentencing. A plea of No Contest, however, does not require the accused to admit their guilt.

Section 4: Should the trial be required to continue, the Prosecution shall begin with their opening statement, which should summarize what they intend to prove during the case. The Defense shall then provide their opening statement, which should provide some explanation as to the innocence of the accused.

Section 5: After the opening statements, the Prosecution shall begin with the sharing of evidence, including material evidence and witnesses. The Prosecution shall present all their evidence before the Defense presents any. The Defense shall have the opportunity to address all material evidence and cross-examine all witnesses if they should wish. After the Prosecution has presented the entirety of their evidence, they shall rest. The Defense shall then present all their evidence, including material evidence and witnesses. The Prosecution shall have the opportunity to address all material evidence and cross-examine all witnesses if they should wish. After the Defense has presented all their evidence, they shall rest. During the time which the Prosecution or Defense are sharing evidence, they may make whatever verbal arguments for their case that they wish, but only during the time with which their respective side has the floor.

Section 6: When both the Prosecution and Defense have rested, the sharing of closing statements shall begin. The Prosecution shall speak first, and the Defense shall be entitled to the final word in the trial.

Section 7: When both the Prosecution and Defense have shared their closing arguments, the Judge shall make his final decision. The Judge may decide to call a recess of Court during which he will consider the arguments and reach a decision. The Judge shall decide that the accused is either ‘Guilty’ or ‘Not Guilty’ for each specific charge. Should the specific charge(s) require it, the Judge shall also decide upon the classification of the charge(s) for the purpose of sentencing.

Section 8: If sentencing is required, either through a plea of Guilty or No Contest, or a conviction during trial, the Judge shall decide what the sentence shall be, using the guidelines provided in the Gralan Criminal Classification Act. The Judge may decide to call a recess of Court during which he will consider the crime and reach a decision. The Judge shall issue his sentence in the form of a Court Order, which the convicted is legally obligated to serve. The failure to serve a full sentence may result in a charge of Disorderly Conduct, along with another Court Order to serve the remainder of the original sentence.

Section 9: In the case of the trial not being presided over by the Chief Justice, the decision may be appealed to a higher Court. The appellate case shall function as a Civil Court case, rather than a Criminal Court case. The argument of the Civil case shall be over the validity of the lower Court ruling. A higher Court is not required to accept jurisdiction of any appellate case.
"When you have eliminated the impossible, whatever remains, however improbable, must be the truth."
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