Library:Second Judicial Procedure Act
1. Charges must be brought against an individual in either of the following two cases:
1.1. Upon the arrest of any New Republic citizen that is not subject to the Code of Military Justice; or
1.2. Upon the arrest of any non-citizen that is not considered an enemy of the New Republic.
2. Charges must be brought by an appropriate officer or official of the New Republic within seven days of the arrest. The charges must cite specific provisions of the criminal code that the individual is alleged to have violated. However, Judges and Prosecution are not limited to considering these charges and may find others in addition to, or instead of the original charges when considering the case.
3. Charges may be officially filed with the Justice Department by any of the following:
3.1. Any citizen of the New Republic or one of its nationalized companies who holds a military or civilian rank of C-1 or greater;
3.2. Any citizen of the New Republic or one of its nationalized companies who is acting in a position of military or civilian rank of C-1 or greater;
3.3. Any citizen authorized to do so by the Senate;
3.4. Any Senator; and
3.5. Any leader or second-in-command of a New Republic Private Sector Affiliate.
3.6. Article 3.1 excludes the Associate Minister of Justice and serving Judges of the New Republic Justice Department.
4. No other citizen of the New Republic may file charges with the Justice Department. They must get an eligible citizen to file charges for them. If any charges filed by anyone are against the Associate Minister of Justice, they must be filed with the Chief of State instead.
5.1. Upon charges being filed with the Justice Department, the Associate Minister of Justice will examine the evidence in collaboration with the Director of the New Republic Intelligence Service (NRI) or the Deputy Director of NRI and determine whether the evidence warrants a trial. The Associate Minister of Justice has the final decision regarding evidence warranting a trial.
5.2. If the Associate Minister of Justice decides not to have a trial, they must make public the charges, who filed them, and why they have not resulted in a trial.
5.3. Any form of retaliation or punishment for filing charges, presenting evidence, or involvement in legal proceeding including those potentially leading to a trial is illegal.
5.4. If the charges involve NRI, then the Chief of State and Associate Minister of Justice will examine the evidence.
5.5. If the charges involve the Associate Minister of Justice, the Minister of State will examine the evidence.
6.1. An investigation will be conducted by the individuals tasked with examining the evidence. If the evidence is found to be sufficient to bring about reasonable doubt of innocence, the charges will be brought forward for a Judge to sign.
6.2. Upon the warrant becoming active, the Associate Minister of Justice shall then select three Judges for the trial and the trial will begin. The Judges must be eligible to serve as a Judge.
6.3. Should the investigation find the evidence lacking, then the warrant will be discarded, however if additional evidence is later discovered or brought forward, a warrant with identical charges against the same party may be reconsidered. All evidence may be heard; however, Judges are free to take into account the credibility of sources and information when discussing their verdict.
7.1. To be found guilty of serious crimes (Class I, II & III), all three Judges must concur on a guilty verdict and sentence.
7.2. To be found guilty of lesser offenses (Class IV & V), two out of the three must concur.
7.3.1. Should a party receive a guilty verdict, they may, during or after their sentence, contest the verdict with new evidence. The evidence will follow the same process outlined in Article 6 and will be assessed for strength.
7.3.2.1. If the newly admitted evidence receives approval it will be the duty of the defense to put forward a statement raising their points. A Judicial Committee will then vote on the newly introduced evidence.
7.3.2.2. Should the evidence alter the verdict to not guilty, the detained party will be released immediately.
7.3.2.3. Should the evidence lessen the severity of the crime(s) in the eyes of the Judicial Committee, then the sentence may be reduced at the discretion of the Judicial Committee.
7.3.2.4. Should the verdict change to not guilty after the sentence has been completed, the accused will be cleared of all charges.
8. Any being charged with offenses relating to work at the Advisory Council level will be tried by the Senate, in which case 5 of 7 votes is required for a guilty verdict.
Updated on Year 16 Day 352.
