40RZ04 - The Habeas Corpus Enforcement Act

Clarked in the First Clark (August 2009) of the 40th Ziu
Clark Entry ID: 1560
Bill ID: 944

40RZ4 - The Habeas Corpus Enforcement Act

WHEREAS The "right to a speedy trial" is guaranteed to all Talossan citizens under the Ninth Covenant of Rights and Freedoms; and



WHEREAS This right is not further clarified, nor in any way defined; and



WHEREAS the lack of explanation and definition of such an important right may cause that right to be subsequently denied the accused, with or without the intent of said right being denied; and



WHEREAS such an important right must be clear and concise in order to ensure the proper enforcement thereof; now



THEREFORE

In the interest of providing the accused with the rights granted to him by the ninth Covenant of Rights and Freedoms, the following rights shall be considered to be inalienable and shall be afforded to all citizens in civilian trials:


  1. The accused must be informed of the charges against him by the Crown within seven days of said charges being accepted by any national or provincial cort.

  2. Such notification must be submitted to the accused in writing, by either an electronic medium such as email, a typed letter, or by a handwritten letter. A copy of every such notice shall be archived in the Royal Archives by the Royal Archivist immediately after he receives a copy of said notice. If the notice is given in the form of a hand-written letter, the Royal Archivist shall make a copy of the letter in an electronic format, such that it may be added to the Royal Archives.

  3. The Crown shall have up to 90 days from the time of notification of the accused in which to prepare its case. If a case is not prepared by the Crown within the allotted time, a mistrial shall be declared and the charge or charges against the accused shall be rendered null and void.

  4. If a case is not prepared within the 90 days limit then the prosecution may request up to an additional 30 days to prepare its case, which shall be granted or denied by the justice assigned to the case. This section takes precedence over section [c]

  5. The decision shall be based on the legitimacy of reasons given by the Crown, in the interests of justice, equality, and neutrality.

  6. If a case is declared null and void then final jeopardy shall apply unless the prosecution is able to provide new evidence against the accused with which to build a case. If a new case is tried then the old evidence may not be used or taken into consideration. A new case must meet the same statute of limitations as described previously.


Noi urent q'estadra sa:

Flip Molinar (MC-FGP)

Eovart Grischun (MC-PP, FGP)

Xhorxh Asmour (MC-ZPT)
**

Noi urent q'estadra så,
Flip Molinar (MC-FGP)
Xhorxh Asmour (MC-ZPT)
Éovart Grischun (MC-PP/FGP)

Vote summary

Number: 40RZ04
Vote date: August 2009
Result: Passed ( Cosă: 0-0-0, Senäts: 0-0-0 )
Required for passage: Simple majority of both houses

Voting record

MC Party Seats Vote
Tony Weckstrom DPD 3
Flip Molinar FGP 1
Tric'hard Carschaleir FGP 1
Alexandreu Soleiglhfred FGP 1
Éovart Grischun FGP/PP 2
Joseph Walkland PP 5
Tímoþi Txec Max Asmourescu PP 9
Dreu Gavárþic'h PP 9
Breneir Tzaracomprada PP 9
Vit Caçeir PP 5
Mataiwos Vürinalt PP 8
Iac Marabuérg PP 5
Danihel Forestal PP 9
Óïn D. Ursüm PP 5
Sir Glüc da Dhi PP 3
Ma la Mha, Contă Thord RUMP 30
Ián da Bitoûr RUMP 15
Bleic'h Spenséir Iánescù RUMP 15
Sir Mick Preston RUMP 15
Cjara Brainerd RUMP 15
Danihel Lupulet RUMP 15
Xhorxh Asmour ZPT 9
Viteu Marcianüs ZPT 9
Baron Fritz von Buchholtz ZPT/FGP 2
0-0-0
Senator Province Pr. Vote
Ieremiac'h Ventrutx Florenciă FL
Sir Trotxâ Betiñéir Vuode VD
Sir X. Pol Briga Cézembre CZ
Nic Casálmac'h Belacostă BE
Brad Holmes Atatürk AK
Baron Alexandreu Davinescu Maritiimi-Maxhestic MM
Iustì Carlüs Canun Maricopa MA
0-0-0
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