Library:Criminal Code

Act n° 07/Y23 D244
TPA Amendment (formatting)/Y24 D198

CHAPTER 1: GENERAL PROVISIONS

SPIRIT OF JUSTICE

The descriptions provided are guidelines and examples of how crimes may be committed, but are not designed to be exhaustive definitions covering every potentiality. As such, the intent of the accused is the focus of the trial, not the exact wording or loopholes.

PURPOSE

I. To proscribe conduct that unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests
II. To give fair warning of the nature of the conduct proscribed and of the sentences authorized upon conviction;
III. To define the act or omission and the accompanying mental state which constitute each offense and limit the condemnation of conduct as criminal when it does not fall within the purposes set forth;
IV. To differentiate on reasonable grounds between serious and minor offenses and to prescribe proportionate penalties for each;
V. To ensure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized;
VI. To impose just and deserved punishment on those whose conduct threatens the public peace;
VII. To promote truth and accountability in sentencing.

CLASS OF CRIMES

Offenses categorized as Class I through III are serious crimes or felonies and may include jail time. Class IV offenses are misdemeanors. Class V and VI offenses are infractions.

SENTENCING GUIDELINES

I. 1 year to Life imprisonment
II. A term of imprisonment not exceeding 6 months but not less than 3 months.
III. A term of imprisonment not exceeding 3 months.
IV. Fine of 110% market value or deal. 10% fine if the assets are retrieved and surrendered completely to the Rebel Alliance.
V. Fine of 2 - 10 times the base fine
VI Fine of maximum 2 times the base fine.

1.4.1. Additionally, all sentences may include financial restitution.
1.4.2. Additionally, consecutive or repetitive serious offenses may constitute Exile in lieu of jail time. In the event of Exile the individual would be permanently blacklisted from Trade and Development programs hosted by the Rebel Alliance, would be considered trespassing in Rebel Alliance territory, and any group they lead, own or co-own would be barred from diplomatic measures with the Rebel Alliance.
1.4.2.1 Any verdict of Exile is automatically sent for the appeal process before it is enforced. If the appeal is not passed, the Exile passes. If the Appeal is passed, the Exile is appealed.

1.5 If a crime is committed by a first time offender, judges may defer adjudication with or without the recommendation from RAI. Any charge may be deferred with the exception of Class I charges and repeat offenders in a twenty-four month period.
1.5.1 The Deferred adjudication will consist of a one year, probationary period. If other charges are brought on the individual in a twelve month time span, the deferred charges will be added to the charges.

CHAPTER 2: LEGAL DEFINITIONS

ATTEMPT

A person commits an attempt if he or she intentionally does or omits to do anything which would culminate in commission of an offense.

Crimes that are attempted, amounting to more than mere preparation, but less than actual commission of a crime, may be tried at one class lower than the crime, barring aggravating circumstances which may affect the class at which the crime is tried.

ACCOMPLICE

Whosoever knowingly helps or assists another to commit a crime shall be guilty as an Accomplice of the crime, the offense shall be equal to the crime committed.

An accomplice to a crime may be tried at the same class as the crime.

CONSPIRACY

Whosoever conspires to attempt something unlawful shall be guilty of Conspiracy, not less than one class lower than the crime.

AGGRAVATED USE OF THE FORCE

Whosoever uses the Force to perform any crime shall be tried at one class higher than the crime, unless the crime is already a Class I offense.

DEFINITIONS

Base fine is equal to one month of salary of an O-1 under the Rebel Alliance's payscale.

Benefit means anything of value or advantage, present or prospective.

Criminal negligence means that a person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

Intentionally or with the intent to means that a person's objective is to cause that result or to engage in that conduct.

Knowingly means that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission.

Not less than a class XX offense means the crime is to be tried at that class or at a more severe class. This definition is true whatever the class mentioned.

Not more than a class XX offense means the crime is to be tried at that class or at a less severe class. This definition is true whatever the class mentioned.

Recklessly means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.

Physical injury means the impairment of physical condition.

Possess means knowingly to have physical possession or otherwise to exercise dominion or control over property.

Possession means a voluntary act if the defendant knowingly exercised dominion or control over property.

Preaching means promoting the tenets of an ideology over those of democracy and freedom. This does not include discussing said ideologies or their history.

Premeditation means rationally considering the timing or method of doing so, in order to either increase the likelihood of success, or to evade detection or apprehension.

Property means anything of value, tangible or intangible.

Serious physical injury includes physical injury that creates a reasonable risk of death.

Unlawful means contrary to law.

CHAPTER 3: CRIMES AGAINST A PERSON

ASSAULT

Whosoever causes physical injury to another with the intent of causing physical injury, or threatens someone to cause physical injury shall be guilty of Assault, not less than a Class V offense. If the crime is committed in self defense, a not guilty verdict may be reached on a plea of self defense.

NEGLIGENT HOMICIDE

Whosoever is responsible for another's death through criminal negligence shall be guilty of Negligent Homicide, not less than a Class III offense.

MURDER, NON-PREMEDITATED,PREMEDITATED

Whosoever causes the death of another, With or without previous plans or conspiracy to do so shall be guilty of Murder, Non-Premeditated,or Murder, Premeditated. Penalty range not less than a Class II and up to Class I offense If the crime is committed in self defense, a not guilty verdict may be reached on a plea of self defense.

KIDNAPPING

Whosoever abducts or otherwise imprisons or transports another against their will and without the authority of the Rebel Alliance shall be guilty of Kidnapping, not less than a Class II offense.

ROBBERY

Whosoever takes another sentient'sor faction property through force or the threat of force shall be guilty of Robbery, not less than a Class II offense.

BLACKMAIL/EXTORTION

Whosoever threatens, cajoles, or otherwise makes demands of money or improper actions backed by a threat, violent, financial, or otherwise, shall be guilty of Blackmail/Extortion, not less than a Class III offense.

SLAVERY

As no sentient being is the property of another, whosoever intentionally binds or holds a sentient to servitude, or engages in the trafficking of sentient beings shall be guilty of Slavery, not less than a Class II offense.

CHAPTER 4: CRIMES AGAINST PROPERTY

BREAKING AND ENTERING

Whosoever enters an entity without authorization shall be guilty of Breaking and Entering, not less than a Class VI offense.

BURGLARY

Whosoever enters an entity without authorization, and with the intention to remove possessions without the consent of the owner, shall be guilty of Burglary, not less than a Class IV offense.

DESTRUCTION OF PROPERTY

Whosoever with malicious intent destroys or damages property belonging to another or the Rebel Alliance shall be guilty of Destruction of Property, not less than a Class III offense.

GRAND THEFT; PETTY THEFT

Whosoever controls property of another with the intent to deprive the other person of such property valued at two times the base fine or more shall be guilty of Grand Theft, not less than a Class III offense.Property valued at less than two times the base fine shall be guilty of Petty Theft, not less than a Class V offense. If the property is illegal under Rebel Alliance law, the Rebel Alliance may seize property as it sees fit.

POSSESSION OF STOLEN PROPERTY

Whosoever knowingly possesses property stolen from the Rebel Alliance, its companies, its allies, or non-enemy sentients shall be guilty of Possession of Stolen Property, not less than a Class V offense. Possession of stolen Rebel Alliance property may be granted by the Rebel Alliance Council and/or Rebel Alliance Intelligence Branch.

TRAFFICKING IN STOLEN PROPERTY

Whosoever knowingly buys or sells property stolen from the Rebel Alliance, its companies, its allies, or non-enemy sentients shall be guilty of Trafficking in Stolen Property, not less than a Class III offense. Purchase or sell of stolen RA property may be granted by the Rebel Alliance Council and/or Rebel Alliance Intelligence Branch.

FRAUD

Whosoever engages in deception for the purpose of financial profit or other benefit shall be guilty of Fraud, not less than a Class III offense.

CHAPTER 5: CRIMES AGAINST THE REBEL ALLIANCE

FAILURE TO FOLLOW REBEL ALLIANCE REGULATIONS

Whosoever fails to follow all applicable Rebel Alliance laws and regulations shall be guilty of Failure to Follow Rebel Alliance Regulations, not less than a Class VI offense.

PERJURY

Whosoever knowingly makes false statements in any official Rebel Alliance body, shall be guilty of Perjury, not less than a Class III offense.

FORGERY OR FALSE STATEMENT

Whosoever falsifies, alters or steals official Rebel Alliance or other critical documents, including those filed in court, or knowingly makes a false statement in a statement or report to any lawful authority of the Rebel Alliance shall be guilty of Forgery or False Statement, not less than a Class V offense.

TREASON

Whosoever commits, or aids in the commission of any act intended to overthrow, undermine or destroy the constitutional form of the Government of the Rebel Alliance, or the government of one of her allies, shall be guilty of Treason, not less than a Class I offense.

OBSTRUCTION OF JUSTICE

Whosoever interferes with any Rebel Alliance investigation by withholding information, refusing to submit evidence or otherwise knowingly delaying an investigation shall be guilty of Obstruction of Justice, not less than a Class III offense.

BRIBERY

Whosoever encourages through financial means or other benefit a Rebel Alliance official to act in one's favor shall be guilty of Bribery, not less than a Class III offense.

HINDERING PROSECUTION

Whosoever renders assistance to another, with the intent to hinder the apprehension, legal proceedings or punishment of that person for any crime, shall be guilty of Hindering Prosecution, not less than a Class V offense. An individual may defend themselves or another individual during official legal proceedings and not break this law.

ESCAPE

Whosoever knowingly escapes from lawful custody shall be guilty of Escape, not less than a Class V offense.

CONTEMPT OF COURT

Whosoever disobeys or is disrespectful to the court's authority while in trial shall be guilty of Contempt of Court, not less than a Class V offense.

ESPIONAGE

Whosoever obtains or releases information that is considered secret or confidential without the permission of the originator of the information, shall be guilty of Espionage, not less than a Class II offense.

MEMBERSHIP OF SUBVERSIVE ORGANIZATION

Whosoever is a member of any organization which engages in or in which its purpose is carrying out, advocating, abetting, advising or teaching activities intended to harm, overthrow or destroy the constitutional (Charter) form of the Government of the Rebel Alliance, or the government of one of her allies, shall be guilty of being a Member of Subversive Organization, not less than a Class II offense.

REFUSAL TO EXECUTE CRIMINAL PROCESS

Security officers or Intelligence Officer/Agents who willfully refuses to execute any lawful process that requires him or her to apprehend and confine any person convicted or charged with an offense, or willfully delays executing such process, shall be guilty of Refusal to Execute Criminal Process, not less than a Class V offense.

UNAUTHORIZED RELEASE OF CLASSIFIED INFORMATION

Certain departments will be classified by default. These departments include but are not limited to: Rebel Alliance Council, Rebel Alliance Intelligence, Rebel Alliance Military, Rebel Diplomacy Command, Rebel Alliance Justice Department. The Supreme Commander and Director of Intelligence may classify or declassify information as they see fit for the Rebel Alliance. The department head may classify or declassify information for their department, with the Supreme Commander or the Director of Intelligence having final authority. Whosoever releases classified information without authorization shall be guilty of Unauthorized release of Classified Information, No less than a class III crime.

OFFICIAL MISCONDUCT

A public servant who uses their position to influence another to commit an unlawful act shall be guilty of Official Misconduct, not less than a Class III offense.

CORRUPTION

Whosoever requests, solicits, accepts, or agrees to accept any pecuniary or other benefit not authorized by law for the past, present or future performance or nonperformance of a public duty, shall be guilty of Corruption, not less than a Class II offense.

REPEAT OFFENDER

Whosoever is convicted of a crime more than twice will then also be guilty of Repeat Offender, no less than a Class V offense and any punishment for such shall be added to the penalty of the repeated offense.

PREACHING THE DARK SIDE OF THE FORCE

Whosoever preaches the Dark Side of the Force as an ideology to any being shall be guilty of Preaching the Dark Side of the Force, no less than a Class II offense.

VIOLATION OF THE GALACTIC NEWS SERVICE ACT

Whosoever makes a publication on the Galactic News Service through the Rebel Alliance, its nationalized subsidiaries or through private affiliates on behalf of the Rebel Alliance without the consent of the Supreme Commander and Director of the Intelligence Branch shall be guilty of Violation of the Galactic News Service Act, no less than a Class V offense.

VIOLATION OF THE RESTRICTED SALES ACT

Whosoever organizes a transaction that is completed and forbidden by the Restricted Sales Act, but not approved by the Rebel Alliance shall be guilty of Violation of the Restricted Sales Act, a maximum of a Class IV offense if the transaction is with a neutral or friendly faction and a maximum of a Class II offense if the transaction is with an enemy faction or criminal organization.

VIOLATION OF THE ADVERSARY LIST

Whosoever has commercial dealings on behalf of an official Rebel Alliance entity with a group or individual that has been embargoed through the Adversary List without prior permission from the Supreme Commander, Director of the Intelligence Branch, or Director Development and Production shall be guilty of Violation of the Adversary List, no less than a Class IV offense.

CIRCUMVENTING THE ADVERSARY LIST

Any Rebel Alliance citizen who makes a purchase from an official Rebel Alliance entity on behalf of an individual or group that has been embargoed through the Adversary List shall be guilty of Circumventing the Adversary List, no less than a Class IV offense.

VIOLATION OF THE PLANETARY DEVELOPMENT ACT

Any Rebel Alliance citizen who leaves the Rebel Alliance and does not sell any stations owned in Rebel Alliance space to the Rebel Alliance, one of its nationalized factions or, with appropriate permission, Rebel Alliance citizens or any Rebel Alliance citizen who sells a station in Rebel Alliance space but not to the Rebel Alliance, one of its nationalized factions or, with appropriate permission, Rebel Alliance citizens shall be guilty of Violation of the Planetary Development Act. This is a maximum of a Class III offense if a station is sold to a friendly or neutral faction or member of a friendly or neutral faction and a maximum of a Class I offense if a station is sold to an enemy faction or criminal organization or member of an enemy faction or criminal organization.