We are working on a brand new version of the game! If you want to stay informed, read our blog and register for our mailing list.
Bill: P.d.l. 03/4465 - Law on the Jury Duty and on the Right to trial by Jury
Details
Submitted by[?]: Alleanza Radicale - NCD
Status[?]: passed
Votes: This is an ordinary bill. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.
Voting deadline: May 4466
Description[?]:
| Valerio Bencivegni, AR: "Mr Speaker, I think we have to clarify these two points of our legislation. The first is related to who can be called to be part of a Jury and the second is related on what kind of crimes should be judged also by a jury alongside the judges. To start, however, we have to establish for what kind of crimes a jury is required. ----Mandatory Jury for the Court of Assize and the Appeal Court of Assizes---- Currently (https://particracy.wikia.com/wiki/Judiciary_of_Istalia#Civil_and_Criminal_Justice) the Courts of Assizes are the one which have to judge on the most serious crilmes like: terrorism, murder, manslaughter, enslavement, severe attempts against State personalities, killing a consenting human being, helping a person to commit suicide. Penalties imposed by the court can include life sentences. With this law is established that the Courts of Assizes, and the Appeal Court of Assizes, the Jury is formed by two career judges supported by six "Lay Judges". Decisions concerning both fact and law matters are taken by the career judges and by the lay judges together at a special meeting behind closed doors, named "Camera di Consiglio" ("Counsel Chamber"), and the Court is subsequently required to publish written explanations of its decisions within 90 days from the verdict. The carrer or professional judges (magistrates) perform the duties of President and giudice a latere (Luthorian: sitting by judge). In the Appeal Courts of Assizes the judges must be members of the Court of Appeals. Lay judges for both the Courts of Assizes and the Appeal Courts of Assizes have to be older than thirty and younger than sixty-five. Lay judges for the Courts of Assizes must have completed their education to the level of junior high school. The lay judges for the Appeal Courts of Assizes must hold a diploma from a senior high school. The following people cannot be appointed to the office of lay judge: judges or other members of the judiciary system. members of the armed forces or police. ministers of any religion and clergymen. ----Office of lay judge and appointment thereto (Jury Duty)---- In every municipality, a board composed by the Mayor and two members of the Municipal Council form two registers containing all the citizens meeting the aforementioned criteria. If they do not see to that, the President of the local Courthouse acts in their stead. The registers are then transmitted to the President of the Courthouse. A board is then convened, formed by the President and all the mayors of the municipalities of the district, to form a register of all the eligible citizens living in that district. The register is then published and all citizen may raise objections within 15 days from publication. The registers are revised every two years. When a crime needs to be tried, the President of the Courthouse draws the names of the lay judges and of their substitutes in a public audience. The lay judges are paid for every day of actual exercise of their duty. In these instances, they are considered public officials. They continue in office for three months, or until the trial in which they are serving ends. Lay judges wear a sash in the national colours. All adult citizens are required to serve on a jury when called but it is possible to obtain a formal exemption but in that case other lay judges may participate in hearings as alternate members, possibly taking over the owners in the event of their impediment. All the members of the general lists of the popular judges are destined to serve in the following two years. Every three months the Court of Assizes and the Appeal Court of Assizes extract 50 names. Within 5 days of the draw, the President of the Court fixes the day and time for the presentation before him of the extracted judges. The extracted lay judges are also called orally by means of public force agents. At the hearing the President dispenses the lay judges who request it and are legitimately prevented. Then the President called to serve, in the order of drawing lots, as many lay judges as needed to form the college. The appointment lasts three months, unless the trial is continued. Those who have served in a session of assizes can not be called to exercise their functions in the sessions of the remaining part of the two-year period. The office of lay judge is mandatory. Who, being called to provide this service, does not appear without a justified reason, is sentenced to pay a fine as well as the costs of any suspension or postponement of the hearing. To be exempted from the service you must present a medical certificate before the appearance or during the appearance of the oath. Thank you" |
Proposals
Article 1
Proposal[?] to change The right to trial by jury (if there are courts)
Old value:: Local governments decide who has the right to trial by jury.
Current: No one is allowed a trial by jury.
Proposed: Individuals accused of serious crimes have the right to trial by jury.
Debate
These messages have been posted to debate on this bill:
subscribe to this discussion - unsubscribeVoting
| Vote | Seats | ||||
| yes |
Total Seats: 326 | ||||
| no | Total Seats: 0 | ||||
| abstain | Total Seats: 179 |
| Random fact: Large scale RP planning (such as wars, regional/continental conflicts, economic collapse, etc.) should be planned (as best as it can be) and should have consent of a majority of players involved. |
| Random quote: "I do not believe in the creed professed by the Jewish church, by the Roman church, by the Greek church, by the Turkish church, by the Protestant church, nor by any church that I know of. My own mind is my own church." - Thomas Paine |