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Passing the Prosecutions, Verdicts, and Appeals Amendment

11th April 2024

Add the following sections to Article V of the Constitution:

(g) Prosecutions

The government shall only have the monopoly to prosecute on victimless wrongs (eg: build code violations, exclusion-zone violations), or where Icenia itself is the victim (eg: griefed military infrastructure). Whereas, for any other wrong, the victim shall have the right of first refusal to prosecute. Should the victim choose to prosecute, the government shall nonetheless have the right to be involved as a supplementary plaintiff.

(h) Appeals

Magistrates' Court verdicts may be appealed by the defense or plaintiff in the form of a new trial request to the Supreme Court, which must specify whether it's a request for a retrial, or an objection to the verdict itself.

Should an appeal against a verdict be accepted, the appealing party shall be the plaintiff, and the Magistrates' Court Judge who made the verdict shall be the defendant. Verdict-appeal trials are not to re-litigate the facts of the case.

(i) Verdicts

Judges are permitted to impose the following sentences, which must be reasonable and proportionate to the wrongs committed, and their history of similar convictions. Judges may impose alternative sentences should there be fulfilment issues to ensure that a sentence is served.

  • Fines
  • Pearl time
  • Treason
  • Recommend the demotion or removal of citizenship.
  • Recommend the disqualification of candidacy.
  • Recommend the loss of Administrative and Military roles.

For other matters of disagreement brought before the Court (eg: who owns a plot of land), the Justiciability clause shall confer upon the Court the authority to decide on the matter, and for it to carry the force of law.

No Court shall be construed to have any authority to decide matters of constitutionality. Any such issues must instead be recommended to the Senate for resolution via legislation.

Senator Kingstell’s proposal, submitted on behalf of Orinnari, was approved by the Senate and President ChrisChrispie.

  • Senator Cammo37: Aye
  • Senator Dr_Bacon_Hair: Aye
  • Senator JuniorTide: Aye
  • Senator Kingstell: Aye
  • Senator sadchamp: Aye
  • Senator Xcios: Aye
  • Senator zolo17: Aye
Amended
Constitution of Icenia