Difference between revisions of "Library:Warrant and Bond Act"

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(Created page with "==ARTICLE I: WARRANTS== 1. This Act governs sentient arrests per the New Republic (NR) Criminal Code and Code of Military Justice (CoMJ). 1.1. This Act does not apply to: 1.1...")
 
(→‎ARTICLE II: BONDS: Galen Darksol - edit per http://forum.new-republic.net/viewtopic.php?f=48&t=16952&p=201198#p201198)
 
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==ARTICLE I: WARRANTS==
 
==ARTICLE I: WARRANTS==
  
1. This Act governs sentient arrests per the New Republic (NR) Criminal Code and Code of Military Justice (CoMJ).
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1. This Act governs sentient arrests per the New Republic (NR) Criminal Code and Code of Military Justice (CoMJ).<br/>
1.1. This Act does not apply to:
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1.1. This Act does not apply to:<br/>
1.1.1. Combatants governed by the Enemy Combatants Act;
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1.1.1. Combatants governed by the Enemy Combatants Act;<br/>
1.1.2. Arrest, transport, and extradition of suspects wanted by Allied or Neutral groups;
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1.1.2. Arrest, transport, and extradition of suspects wanted by Allied or Neutral groups;<br/>
 
1.1.3. Arrest and transport of noncombatants in order to move them to safe or unrestricted locations.
 
1.1.3. Arrest and transport of noncombatants in order to move them to safe or unrestricted locations.
  
2. A warrant is judicial approval to arrest and detain a sentient suspected or convicted of a crime.
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2. A warrant is judicial approval to arrest and detain a sentient suspected or convicted of a crime.<br/>
2.1. New Republic judges may issue warrants:
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2.1. New Republic judges may issue warrants:<br/>
2.1.1. When NR jurisdiction applies per the Judicial Procedures Act;
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2.1.1. When NR jurisdiction applies per the Judicial Procedures Act;<br/>
2.1.2. In Allied or Neutral space if approved by the controlling government or group;
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2.1.2. In Allied or Neutral space if approved by the controlling government or group;<br/>
2.1.3. In hostile or uncontrolled space.
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2.1.3. In hostile or uncontrolled space.<br/>
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2.2. Judicial approval is the documented authorization by a judge appointed per the NR Constitution.<br/>
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2.3. Arrest and detain refer to any action by NR officials which slows or impedes sentient movement through unrestricted space or terrain.<br/>
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2.4. A crime is a violation of the Criminal Code or CoMJ.<br/>
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2.5. A serious crime is a Class I, II, or III offense per the Criminal Code and CoMJ.<br/>
  
2.2. Judicial approval is the documented authorization by a judge appointed per the NR Constitution.
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3. The following may appoint temporary or long-term investigators:<br/>
2.3. Arrest and detain refer to any action by NR officials which slows or impedes sentient movement through unrestricted space or terrain.
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3.1. For a crime subject to the CoMJ, the Chief of Military Operations (CMO);<br/>
2.4. A crime is a violation of the Criminal Code or CoMJ.
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3.2. For any crime, the Director or Deputy Director of New Republic Intelligence (NRI);<br/>
2.5. A serious crime is a Class I, II, or III offense per the Criminal Code and CoMJ.
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3.3. For any crime not handled by the above, the Chief of State (CoS).<br/>
  
3. The following may appoint temporary or long-term investigators:
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4. Investigators may arrest and detain a sentient:<br/>
3.1. For a crime subject to the CoMJ, the Chief of Military Operations (CMO);
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4.1. With an active warrant;<br/>
3.2. For any crime, the Director or Deputy Director of New Republic Intelligence (NRI);
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4.2. If the investigator witnessed the sentient commit or attempt to commit a serious crime;<br/>
3.3. For any crime not handled by the above, the Chief of State (CoS).
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4.3. If the investigator has probable cause that the sentient committed or attempted to commit a serious crime.<br/>
  
4. Investigators may arrest and detain a sentient:
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5. The investigator must request a warrant:<br/>
4.1. With an active warrant;
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5.1. Prior to the arrest or detention of a sentient not described by Section 4 of this Act;<br/>
4.2. If the investigator witnessed the sentient commit or attempt to commit a serious crime;
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5.2. Within 48 hours of an arrest per Sections 4.2 or 4.3 of this Act.<br/>
4.3. If the investigator has probable cause that the sentient committed or attempted to commit a serious crime.
 
  
5. The investigator must request a warrant:
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6. Any judge may approve or deny the warrant, or request additional information from the investigator.<br/>
5.1. Prior to the arrest or detention of a sentient not described by Section 4 of this Act;
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6.1. Any judge may reconsider a denied warrant if an investigator presents new evidence.<br/>
5.2. Within 48 hours of an arrest per Sections 4.2 or 4.3 of this Act.
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6.2. Any judge may cancel an active warrant if an investigator presents new evidence.<br/>
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6.3. The investigator may appeal warrant decisions to a majority vote of the Senate.<br/>
  
6. Any judge may approve or deny the warrant, or request additional information from the investigator.
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7. After arrest, the investigator or other accuser must submit formal charges within a reasonable period.<br/>
6.1. Any judge may reconsider a denied warrant if an investigator presents new evidence.
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7.1. For crimes subject to the Criminal Code, see the Judicial Procedures Act.<br/>
6.2. Any judge may cancel an active warrant if an investigator presents new evidence.
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7.2. For crimes subject to the CoMJ, see the CoMJ.<br/>
6.3. The investigator may appeal warrant decisions to a majority vote of the Senate.
 
 
 
7. After arrest, the investigator or other accuser must submit formal charges within a reasonable period.
 
7.1. For crimes subject to the Criminal Code, see the Judicial Procedures Act.
 
7.2. For crimes subject to the CoMJ, see the CoMJ.
 
  
 
==ARTICLE II: BONDS==
 
==ARTICLE II: BONDS==
  
8. A suspect may pay a bond to prevent their arrest or obtain release from detention.
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8. A suspect may pay a bond to prevent their arrest or obtain release from detention.<br/>
8.1. A bond is a credit payment equal to the maximum possible fine for the suspected crime(s).
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8.1. A bond is a credit payment equal to the maximum possible fine for the suspected crime(s).<br/>
  
9. A suspect may pay the bond if all the following criteria are met:
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9. A suspect may pay the bond if all the following criteria are met:<br/>
9.1. The crime is not serious;
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9.1. The crime is not serious;<br/>
9.2. A judge issued a warrant;
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9.2. A judge issued a warrant;<br/>
9.3. The CMO or Director of NRI declares the suspect is not a flight risk and has no additional warrants pending judicial review.
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9.3. The CMO or Director of NRI declares the suspect is not a flight risk and has no additional warrants pending judicial review.<br/>
  
10. The suspect must pay the bond to the New Republic.
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10. The suspect must pay the bond to the New Republic.<br/>
10.1. After payment, the suspect must provide the payment details to the CoS, the Director of NRI (or CMO, if applicable), and the Associate Minister of Justice (AMoJ).
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10.1. After payment, the suspect must provide the payment details to the CoS and the Director of NRI (or CMO, if applicable).<br/>
10.2. Upon receipt of the payment details:
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10.2. Upon receipt of the payment details:<br/>
10.2.1. The CMO, Director of NRI, or CoS must acknowledge the payment;
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10.2.1. The CMO, Director of NRI, or CoS must acknowledge the payment;<br/>
10.2.2. After acknowledgement of payment, the AMoJ must declare if the payment meets the criteria per Section 8 of this Act;
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10.2.2. After acknowledgement of payment, the Presiding Judge must declare if the payment meets the criteria per Section 8 of this Act;<br/>
10.2.3. If the payment meets the criteria, the CMO or Director of NRI must release or cease pursuing the arrest of the suspect.
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10.2.3. If the payment meets the criteria, the CMO or Director of NRI must release or cease pursuing the arrest of the suspect.<br/>
  
11. At the end of judicial proceedings or military tribunals:
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11. At the end of judicial proceedings or military tribunals:<br/>
11.1. If the accused is found guilty, the CMO, Director of NRI, or CoS will deduct any fine(s) and return any remaining credits;
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11.1. If the accused is found guilty, the CMO, Director of NRI, or CoS will deduct any fine(s) and return any remaining credits;<br/>
11.2. If the accused is found innocent, the CMO, Director of NRI, or CoS will return the bond payment.
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11.2. If the accused is found innocent, the CMO, Director of NRI, or CoS will return the bond payment.<br/>

Latest revision as of 20:48, 12 October 2019

ARTICLE I: WARRANTS

1. This Act governs sentient arrests per the New Republic (NR) Criminal Code and Code of Military Justice (CoMJ).
1.1. This Act does not apply to:
1.1.1. Combatants governed by the Enemy Combatants Act;
1.1.2. Arrest, transport, and extradition of suspects wanted by Allied or Neutral groups;
1.1.3. Arrest and transport of noncombatants in order to move them to safe or unrestricted locations.

2. A warrant is judicial approval to arrest and detain a sentient suspected or convicted of a crime.
2.1. New Republic judges may issue warrants:
2.1.1. When NR jurisdiction applies per the Judicial Procedures Act;
2.1.2. In Allied or Neutral space if approved by the controlling government or group;
2.1.3. In hostile or uncontrolled space.
2.2. Judicial approval is the documented authorization by a judge appointed per the NR Constitution.
2.3. Arrest and detain refer to any action by NR officials which slows or impedes sentient movement through unrestricted space or terrain.
2.4. A crime is a violation of the Criminal Code or CoMJ.
2.5. A serious crime is a Class I, II, or III offense per the Criminal Code and CoMJ.

3. The following may appoint temporary or long-term investigators:
3.1. For a crime subject to the CoMJ, the Chief of Military Operations (CMO);
3.2. For any crime, the Director or Deputy Director of New Republic Intelligence (NRI);
3.3. For any crime not handled by the above, the Chief of State (CoS).

4. Investigators may arrest and detain a sentient:
4.1. With an active warrant;
4.2. If the investigator witnessed the sentient commit or attempt to commit a serious crime;
4.3. If the investigator has probable cause that the sentient committed or attempted to commit a serious crime.

5. The investigator must request a warrant:
5.1. Prior to the arrest or detention of a sentient not described by Section 4 of this Act;
5.2. Within 48 hours of an arrest per Sections 4.2 or 4.3 of this Act.

6. Any judge may approve or deny the warrant, or request additional information from the investigator.
6.1. Any judge may reconsider a denied warrant if an investigator presents new evidence.
6.2. Any judge may cancel an active warrant if an investigator presents new evidence.
6.3. The investigator may appeal warrant decisions to a majority vote of the Senate.

7. After arrest, the investigator or other accuser must submit formal charges within a reasonable period.
7.1. For crimes subject to the Criminal Code, see the Judicial Procedures Act.
7.2. For crimes subject to the CoMJ, see the CoMJ.

ARTICLE II: BONDS

8. A suspect may pay a bond to prevent their arrest or obtain release from detention.
8.1. A bond is a credit payment equal to the maximum possible fine for the suspected crime(s).

9. A suspect may pay the bond if all the following criteria are met:
9.1. The crime is not serious;
9.2. A judge issued a warrant;
9.3. The CMO or Director of NRI declares the suspect is not a flight risk and has no additional warrants pending judicial review.

10. The suspect must pay the bond to the New Republic.
10.1. After payment, the suspect must provide the payment details to the CoS and the Director of NRI (or CMO, if applicable).
10.2. Upon receipt of the payment details:
10.2.1. The CMO, Director of NRI, or CoS must acknowledge the payment;
10.2.2. After acknowledgement of payment, the Presiding Judge must declare if the payment meets the criteria per Section 8 of this Act;
10.2.3. If the payment meets the criteria, the CMO or Director of NRI must release or cease pursuing the arrest of the suspect.

11. At the end of judicial proceedings or military tribunals:
11.1. If the accused is found guilty, the CMO, Director of NRI, or CoS will deduct any fine(s) and return any remaining credits;
11.2. If the accused is found innocent, the CMO, Director of NRI, or CoS will return the bond payment.