A MOTION
To enact the bill "The judicial reform and amendments to the criminal code act"
Introduced into the Council of state of the Union of Democratic States on the 13th of July, 2023, by @Alfkarl
As follows:
BELIEVING that we are lacking the legislation to punish unusual but damaging crimes
CONCERNED that there is no set sentencing guidelines
BE IT ENACTED by the Senate and General Assembly:
Section 1: Definitions and Short Title
1. This Act may be referenced as the "The judicial reform and amendments to the criminal code act"
2. For the purposes of this act:
A. Negligence shall be defined as failing to give due care and attention to your actions and their consequences.
B. AG is a shorthand for attorney general
C. VP is shorthand for vice president
D. Leaking means through malice or negligence a document is accessible to someone who is not cleared to the security level of the document.
3. The sentencing council shall be created as a body to set the guidelines to the supreme court and shall be headed by the Attorney General or whom ever they choose. This shall not be a ministry so the head of the council will not have the ability to issue executive orders as they are not an executive.
Section 2: Amendment to the criminal codes
1. The following should be appended to Section 3 of afformetioned act
A. A person is guilty of war mongering if they willing cause the UDS to be at war with another nation through negligence. War mongering may be punished as a felony or high crime depending on the serverity of the crime.
B. A person is guilty of the causation of a disturbance if on any UDS property they cause a major disturbance that would reasonably cause a disturbance in the functions of any branch of government or the administration team. Disturbance is classified as a misdemeanor.
C. A person is guilty of acts of disruption of on any NS or NS affiliated property engages in a action that would bring the UDS into significant disripute. Disruption is classified as a misdemeanor
D. A person is guilty of a caution infraction if they commit a crime while being on a caution. Caution infraction is a felony or a high crime depending on the serveity.
Section 3: Classified information
1. There shall be 5 levels of security: public (available to all), citizen (all members not be shared), privileged (all staff), Secret (cabinet only), Top secret (Only president VP AG[to ensure leaks don't happen] admins and whoever the president wishes). These shall be ranked from 1 being public to 5 being top secret.
2. It shall be a misdemeanor to leak class 2 documents. If this is repeated it will count as a felony.
3. It shall be a felony to leak class 3 documents.
4. It shall be a high crime to leak a class 4 document.
5. It shall be a high crime with a minimum sentence of removal of office and the banning of holding office for 30 days and loss of standng with the CoS to leak a class 5 document.
6. If you are on caution for leaking documents and you leak a document it shall be a high crime.
7. The security level shall be applied by the creator of the content or the minister of the department that created it or the president or the AG.
8. All communications that are in a private area for ministry staff are class 3
9. All communications that are in an area for executive staff or cannot ministers shall be class 4
10. All private communications are class 5 with the recipents having access
11. In all other cases the document must clearly be marked at what level it is.
12. In any court case that contains classified documents the access to the case shall be of the highest level of the documents
13. When dealing with classified documents you must make a good faith assessment to ensure you comply with the law and it's intent.
Section 4: Trial of non citizens
A. The Attorney general may charge non-citzens with a crime the AG shall make a reasonable effort to contact all know accounts for the person to make a factual dispute if no response is received within 7 days then the court shall continue with the case.
B. Non-citzens are guilty until proven innocent and may not make a legal dispute only a factual one.
Section 5: The scenticbg council
A. The sentencing council shall consist of the Attorney general, the president, the chairperson whom the Attorney general shall chose the speaker of the council, the cheif Justice.
B. The sentacing council shall provide recommendations to the court on punishments for certain crimes including mitigating and agrivating factors.
C. The President or Attorney General may issue a caution to a person of they reasonably suspect the person being issued the caution to be involved in any way in the commtion of a crime or planning to do so. The act of committing a crime on a caution shall be a agitating factor an shall be a crime.
D. The caution shall read "Under the powers given to my under the justice reform act I the [title] of the Union of the democratic sates caution you for [timeframe] against the following crimes: [crimes]. I have issued this because I reasonably believe you were associated with [criminal act] so to prevent crime I have issued this caution. I [name] submit this with good faith on the date [DD/MM/YYYY].
E. It shall be the duty of whomever submits the caution to submit into the executive orders area of the forums as WRN X where X is the number of cautions submitted plus 1.
