Library:Department of Justice and Court of Justice Act

Act n° 11/Y24 D198

Article One: Justice Department

1.1. The Rebel Alliance shall establish a Justice Department responsible for assisting in the investigation and prosecution of civil and criminal offenses committed by individuals within the Rebel Alliance, except for those offenses falling under the jurisdiction of the military or intelligence branches.
1.1.1. The Rebel Alliance Intelligence is also responsible for investigating and prosecuting civil and criminal offenses.
1.1.2. Proper procedures for the Intelligence and Military branches shall be established by an Act of the Rebel Alliance Council.

1.2. The Secretary of Government may delegate the Justice Department to an Associate-Secretary of Justice. They shall serve as the head of the Justice Department and shall be responsible for the appointment of all other personnel within the department.

1.3. The Justice Department shall have the following responsibilities and powers:
1.3.1. To investigate and prosecute civil and criminal offenses committed by individuals within the Rebel Alliance, except those offenses falling under the jurisdiction of the military or intelligence branches.
1.3.2. To provide legal advice and guidance to the Rebel Alliance Council and other Rebel Alliance departments and agencies.
1.3.3. To ensure that the rights of all individuals within the Rebel Alliance are protected in accordance with principles of justice and fairness that protect the rights of all individuals within the Rebel Alliance.
1.3.4. To enforce all laws and regulations enacted by the Rebel Alliance Council and the Supreme Commander.
1.3.5. To work in cooperation with other Rebel Alliance departments and agencies to promote the safety and well-being of the Rebel Alliance.

Article Two: Court of Justice

2.1. The High Court shall consist of a Chief Justice and two (2) Associate Justices, appointed by the Rebel Alliance Council with the advice and consent of the Supreme Commander. The main purpose of the High Court is to administrate the Judiciary of the RA and they may serve as magistrates in trials if there are vacancies.
2.1.1. The High Court may function with only one (1) Justice, and additional Judges may compose the Court(s) of Justice system for signing warrants, bounties, and serving in Trials.
2.1.2. Judges of the Court of Justice are appointed by the Chief Justice or their Associate Justices or recommended by the Secretary of Government or Associate Secretary of Justice with the approval of the Rebel Alliance Council with the advice and consent of the Supreme Commander.
2.1.2.1. The Rebel Alliance Council, Rebel Leadership Council, Secretariat of Government or Department of Justice may also open public applications for Judges in case of urgency. Once the applicants have been selected, it requires the approval of the Rebel Alliance Council with the advice and consent of the Supreme Commander.
2.1.2.2. Judges may be retired by the SoG or ASoJ if they are inactive for periods longer than three (3) months.
2.1.3. Judges of the Rebel Alliance may approve warrants as per defined in the proper Procedural Act.
2.1.4. Judges will serve in trials and will be selected by the Chief Justice to preside over them. In the absence of the Chief Justice, other Justices or the most senior Judge will assume the responsibility of selecting the Judges. If all positions are vacant, the Secretary of Government or the Associate Secretary of Justice may make the selection. In the event that none of these positions are available, the Rebel Alliance Council has the authority to choose the judges.
2.1.4.1. A separate procedure and trial for members of the RAC and RLB may be designated in a specific Act.
2.1.4.2. In the event that the SoG, ASoJ, or any other member responsible for selecting the Judges is involved in or participating in an investigation related to the defendant, to prevent any conflict of interest, the Rebel Alliance Council should assume responsibility for the selection of Judges. This selection process may involve an open application, and confirmation by the Council would require a simple majority vote or as defined in 2.1.2.1.

Article Three: Trials and Citizen Rights

3.1. Trials of civil and criminal offenses shall be conducted in accordance with the acts of Rebel Alliance Council, and procedures established by the Justice Department. The Court of Justice shall have the power to impose sentences for violations of Rebel Alliance laws and regulations, subject to review by the Rebel Alliance Council.

3.2. Decisions of the Justice may be appealed to the Rebel Alliance Council, which shall have the power to review and modify such decisions as necessary.

3.3. The Court of Justice shall act with independence and impartiality in the exercise of its responsibilities and powers. The Chief Justice and Associate Justices shall be appointed for terms of three years and shall be removable only for cause by the Rebel Alliance Council.

3.4. All individuals within the Rebel Alliance shall be entitled to certain civil rights, including the right to due process, equal protection under the law, and freedom from discrimination on the basis of race, ethnicity, gender, religion, or sexual orientation. The Justice Department shall be responsible for upholding and protecting these rights, and shall work to ensure that all individuals within the Rebel Alliance are treated fairly and equitably under the law.