Text:Courts Act 2023

Courts Act 2023

This act institutes three types of courts.

Article 1 - Criminal Courts

1. Criminal courts determine if a person or legal entity committed an offense and hand down a reasonable sentence within sentancing guidelines if they are found guilty.
2. A criminal court is composed of a prosecution, defense and a judge.
3. At the start of each trial, the defendant must plead guilty or not guilty. The defendant’s attorney may plead on behalf of the defendant if granted permission by the judge or judges overseeing the case. If the defense pleads not guilty, the trial continues as normal. If the defense pleads guilty, the judge must immediately hand down a guilty verdict with a sentence. A person who pleads guilty does not waive their right to appeal their conviction; they are still permitted to request that a court of appeals overturn their plea.
4. At the start of each trial, the defendant must plead guilty or not guilty. If the defendant pleads not guilty, the trial continues as normal. If the defendant pleads guilty, the judge must immediately hand down a guilty verdict with a sentence. A person who pleads guilty does not waive their right to appeal their conviction; they are still permitted to request that a court of appeals overturn their plea.
5. The prosecution in a case is a lawyer nominated by cetilicia, the defence may contest the prosecutions lawyer. The defendant in a case is the person accused or a lawyer/lawyer nominated by them, the court as a whole cannot contest a defendants choice of lawyer.
   1. No lawyer or judge shall be compelled against their conscious to serve in a case

Article 2 - Civil Courts

1. Civil courts decide if a person or legal entity owes another damages.
2. A civil court is composed of a prosecution, defense, a judge.
3. The judge of a civil court determines whether or not the defendant owes the plaintiff damages.
4. Any action from which the plaintiff incurred damages at the hand of the defendant may be brought before the civil courts.

Article 3 - Court of Appeals

1. Courts of appeals decide if a prior decision by another court was wrong.
2. A court of appeals is composed of the plaintiff and defendant from the case under review and a judge who was not involved in said case.
3. The judge of a court of appeals determines whether or not the appealed case was held fairly and legally.
4. If the appellate judge determines that a case was not held fairly and legally, the defendant must be retried under fairer circumstances as dictated by the court of appeals.
5. A decision in the court of appeals may be overruled by Parliament or by referendum.

Article 4 - Judicial Offences

Faliure to discharge one's duties as an agent of the court

A person commits the offence of faliure to discharge their duties as an agent of the court if:

1. They are one of the following:
1. An attorney representing a client in a civil or criminal trial
2. A prosecutor in a criminal trial

2. They satisfy all of the following criteria:

1. There is a conflict of interest or a conflict of ethical principles preventing them from performing their duty to the fullest and fairest extent required by law.

A person convicted of faliure to discharge their duties as an agent of the court shall be struck off from the trial they are involved in (if requested by opposing counsel) and removed from any judicial duties for a period not exceeding 8 weeks.

Perjury

A person commits the offence of perjury if they meet all the following criteria

1. Are involved in a trial.
2. Submit false information, documents or evidence.
3. Do so with the knowledge that their information, documents or evidence are false.
4. Do so with the intent to defraud the court or influence the result.

A person convicted of the crime of perjury shall be penalised by being removed from the trial where the perjury was commited (if requested by the opposing side) and added to a database of perjurers for a period not exceeding 6 weeks (or more if demanded by public referenda.) People listed in this database shall have future submissions of information, documents or evidence treated with greater scrutiny.

Contempt of Court

A person commits the offense of contempt of court if they meet all the following criteria

1. Impede a trial from going ahead.
2. Do not have an ethical objection to the trial going forth.

A person convicted of the crime of contempt of court shall be removed from the trial they are held in contempt of and struck of from all judicial duties for a period not exceeding 2 weeks.<

Article 5 - matrix

Court trials and cases may be conducted on any platform or in any location, so long as it is technically viewable by a majority of Ceticilians.

Article 7 - rules of trial

1. Before any court proceedings commence both sides must show the other any evidence they intend to use in trial.
   1. in the event that new evidence comes to light during the trial it must be shown to the other side at least 12 hours before it is used in trial. If needed the side presenting the evidence can inform the judge that they need an injunction to postpone the judge handing down a verdict. If the side that the evidence is being presented too believes the injunction is vexatious then they are permitted to give the judge the evidence presented to them so that the judge can determine if the evidence presented is of any value and as such, if an injunction should be granted.
2. Before any court proceedings all defendants must be given a chance to make their plea themselves, a lawyer cannot make their plea on their behalf.
3. In the event that any of these rules of trial are broken a mistrial **must** be granted, in the event of a mistrial being declared the defendants should be tried again before a new judge, if this isn't possible the defendant(s) must be acquitted.