User:Aqua/Law Draft

Civil Codex of Ceticilia

Basis

By the power granted to the legislative by the Ceticilian constitution, this document shall be the civil codex of ceticilia and its laws bind immediately.

Legislation on the Legislative

Parliamentary Procedure

1. Acts of Parliament shall be given a unique identifier
   1. For approvals of executive functions this identifier shall be "REV [YYYY]-[NNN]", with NNN being an incrementing counter starting at 1.
   2. For legislative functions this identifier shall be "CET [YYYY]-[NNN]", with NNN being an incrementing counter starting at 1.
2. Acts of Parliament are to be given a descriptive name.
3. During debate, the original presenter of a bill may amend it however they see fit and may accept amendments made by other Members of Parliament.
4. The last instance of a bill approved by the original presenter before closure shall be the matter on which the voting phase is concerned.

Formatting

Laws proposed by the legislature shall be formatted in the markdown format supported by MediaWiki.

Parliament Speech Protections

1. In the Parliament of Ceticilia only Members of Parliament, the President and judges may speak.
2. All other discussions are to take place within other channels.

Electoral Phases

1. The debate shall phase shall conclude if either of the following were to happen:
   1. The original presenter of the bill calls closure. Closure may only be called on bills that do not aim to modify the constitution.
   2. All Members of Parliament state that they have no objections.
   3. No Member of Parliament has responded to the bill in 24 hours.
2. No voting phase shall take longer than 48 hours. It shall accordingly automatically conclude after that time.
3. If a Member of Parliament fails to vote in the voting phase, they shall be counted as "absent" and their vote be registered as abstention.
4. If a Member of Parliament fails to vote in the voting phase three times in one calendar month, they shall be expelled from Parliament for the rest of the month and the duration of the next.
5. There shall be no more than three bills up for consideration at any given time.

Leave

1. All Members of Parliament have the right to request leave at any time. The request is to be granted.
2. During leave, Members of Parliament are to be counted as voting with abstentions but they shall not be counted as failing to vote.
3. In cases of emergency, leave may be granted retroactively.

Compensation

All Members of Parliament shall receive a monthly wage of 100 Gjá. The Speaker of Parliament shall receive 1 Gjá extra.

Legislation on the Executive

Treaties

1. A treaty shall be a binding formal agreement between two or more governments that shall establish obligations and other terms between the signatory parties.
2. The right to initiate treaties lies in the President and the Ministry of Foreign Affairs. Citizens of Ceticilia that are not in this function may not give the impression that they are working on Ceticilia's behalf in any capacity.
3. In order for a treaty to be ratified it must be proposed to the Parliament of Ceticilia by the President and achieve a majority of three quarters of more. After a treaty is accepted, the President shall sign the treaty into law.
4. Defrauding another nation willingly and knowingly shall be a crime and whoever guilty of it shall be removed from holding executive seats for no less than 30 days and no more than 180 days.

Government Secrets

1. There shall be three levels of classification:
   1. Official Information shall be information that could have minor ramifications if leaked or lost.
   2. Secret Information shall be information that could have major ramifications if leaked or lost.
   3. Top Secret Information shall be information that could have catastrophic ramifications if leaked or lost.
2. All information classified secret or top secret shall inherently be required to only be distributed on a need to know basis.
3. There shall be an information regulatory authority lead by the Ministry of Information, ensuring that information security is maintained at all times. In the event that the Ministry of Information is vacant, the powers of it default to the President.
4. Secret or Top Secret information must be clearly marked as such by the author.
5. The Ministry of Information may enact a declassification order.

Ministry of Foreign Affairs

1. The Ministry of Foreign Affairs shall be lead by the Minister of Foreign Affairs.
2. In the event that the Ministry of Foreign Affairs lie vacant, the President shall maintain its role.
3. The Ministry of Foreign Affairs may not sign treaties on behalf of Ceticilia.

Ministry of Elections, Records and Immigrations

1. The Ministry of Elections, Records and Immigrations, henceforth also called MERI or the Ministry shall be responsible for the seamless administration of elections, public records and immigration. The exact manner in which the Ministry shall do that shall be laid out in the following sections.
2. Elections shall be held on heliosvoting.org and must be initiated by a Minister in the MERI.
3. Public records must be maintained by the MERI.
4. The MERI shall grant or deny citizenship to applicants.

Legislation on the Judiciary

Lower Courts

1. All Lower Courts shall be composed of a plaintiff, a defense and a judge.
2. The Three Lower Courts shall be the following courts:
   1. Criminal Court
      1. The Criminal Court shall determine if a person or legal entity committed an offense and speak a sentence about this.
      2. The judge of the Criminal Court determines the guilt of the defendant in each case. If a guilty verdict is spoken, the severity of the sentence must be proportional to that of the offense.
      3. Any trial shall be based on facts. If the defendant confesses to an offense, the severity of the sentence may be lessened.
   2. Civil Court
      1. The Civil Court decides if a person or legal entity owes another damages.
      2. The judge of a civil court determines whether or not the defense owes the plaintiff any damages.
      3. Any action from which the plaintiff incurred damages at the hand of the defendant may be brought before the Civil Court.
   3. Court of Appeals
      1. The Court of Appeals decides if a prior court decision by another instance than itself was wrong.
      2. The judge of the Court of Appeals determines whether the appealed case was held fairly and legally.
      3. If the appellate judge determines that a case was not held fairly and legally, the defense must be retried under fair circumstances as dictacted by the Court of Appeals.

Charges

1. The following mechanisms shall be used to bring charges:
   1. In order for a Ceticilian to bring charges against another in a Ceticilian court the plaintiff must notify a sitting judge of the intent to bring charges. Said judge shall then be permitted to try the court assuming no conflicts of interest exist.
   2. In order for a Ceticilian to bring charges these charges must be explicitly declared in the charges section of this document.
   3. If a matching charge does not exist under Ceticilian law, a citizen may be tried before the Supreme Court after notifying the Chief Justice.
2. In their notification, the plaintiff must always indicate what charges are being brought to all involved parties.

Jeopardy

No person may be tried more than twice for the same offense.

Compensation

1. Following wage policy shall be applied to the Lower Courts
   1. The plaintiff shall receive 50 Gjá for successfull cases.
   2. The attorney shall receive 250 Gjá for successfull cases.
   3. Each judge shall receive 500 Gjá for every case they consider.
2. Following wage policy shall be applied to the Supreme Court
   1. The plaintiff shall receive 100 Gjá for successful cases.
   2. The attorney shall receive 500 Gjá for successful cases.
   3. Each judge shall receive 1000 Gjá for every case they consider.

Political Parties

1. Definition and Requirements
   1. A Ceticilian political party shall be any political group fulfilling the requirements for political parties in Ceticilia with the goal of democratically representing the people's will in public institutions, working for the goals the party strives for, and strengthening Ceticilian politics in a way seen adequate by the party itself.
   2. A Ceticilian political party shall further be tasked to apply - by tasking the President or a competent authority to formally register the party.
   3. Any Ceticilian political party must have at least two members and at the time of applying for official partyhood have following attributes prepared:
      1. Party name
      2. Party recognition color
      3. Self-proclaimed ideology
      4. Pledge to the Ceticilian constitution
      5. Evidence that at least two citizens are in the party
2. Votes, Elections
   1. Any registered party may create a list of candidates for any election, which can be elected by entering the party's name as a vote.
   2. The party reserves the right to reassign seats in Parliament to any other party member eligible to serve.
   3. A political party in Parliament must have at least one Member of Parliament occupy at least one seat in Parliament to be represented in it.
   4. Only registered political parties or independent candidates may partake passively in elections.
3. Procedure
   1. Any party in Parliament may vote on a motion or proposal as a whole, so that not every single party member has to vote individually.
   2. If there are vacant seats won by the party, those seats will vote with the majority of the party. Those seats will abstain if the party is split.
   3. Any Member of Parliament may individually break from their party's vote and alter their vote to be contrary to the rest of the party or abstain.
4. International Relations
   1. Parties may form supranational organizations.
5. Dissolution
   1. Parties may be dissolved if their unified goal is of criminal nature.
   2. Parties may be dissolved by choice of the party members.

Platform

All official business of the Courts and the Parliament of Ceticilia shall take place in the respective "Matrix" instances.

Offenses

Judicial Offenses

1. Failure to discharge judicial duties
   1. A person commits the offense of failure to discharge judicial duties if they fulfill these criteria:
      1. They are an attorney representing a client in a civil or criminal trial or a prosecutor in a criminal trial.
      2. 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.
   2. A person convicted of failure to discharge judicial duties shall be removed from the trial they are involved with and removed from any judicial duty for a period not exceeding eight weeks.
2. Perjury
   1. A person commits the offense of perjury if they fulfill these criteria:
      1. They are involved in a trial.
      2. They submit false information, documents or evidence.
      3. They do so with the knowledge that their information, documents or evidence are false.
      4. They do so with the intent to defraud the court or influece the verdict.
   2. A person convicted with the oofense of perjury shall be penalized by being removed from the trial they are involved with, added to a list of perjurers for the duration of 365 days and be removed from judicial duty for a period not exceeding 365 days.
3. Contempt of Court
   1. A person commits the offense of contempt of court if they impede a trial from going ahead.
   2. A person convicted of the offense of contempt of court shall be removed from the trial they are held in contempt with and removed from any judicial duties for a period not exceeding 180 days.

Unauthorized Disclosure

Leaking secret information carries following penalties:

1. For Official Information a ban from assuming any Ceticilian political office for no less than 30 days and no more than 365 days or until declassification.
2. For Secret Information a ban from assuming any Ceticilian political office for no less than 60 days and no more than 700 days or until declassification.
3. For Top Secret Information a ban from assuming any Ceticilian political office for no less than 90 days with no upper limit or until declassification.
4. The President may pardon those who leak classified documents.