User talk:Konanen

The No Thumb-Twiddling in Court Act

Whereas concern has been raised over a few Talossan trials that were going on over years, and;
whereas this is not something anybody wants, especially not in our nationette where trials are unlikely to be of such a complexity that a delay of over a year would be justified, and;
whereas speedy trials are a covenanted right, now;

therefore know all men by these present that the Ziu enacts thus:

Remedy for overlong court hearings and preliminary proceedings

1. Whoever, as a consequence of undue delay, suffers disadvantage as party to court procedures in any national court will be reimbursed adequately. Adequacy of a procedure’s duration depends on the circumstance of every individual case, particularly to the case’s complexity and importance, and to the conduct of parties involved and third parties.
2. Parties to court procedures, as mentioned under [Section One of this act], are defined as complainant and defendant, and their representants or, if applicable, legal guardians. If the Crown or His Umatíu Majesty’s goverment is the prosecutor to criminal trials, damaged parties are included among the definition of parties to court procedures. Furthermore, the Crown and representatives of His Umatíu Majesty’s government are barred from claiming and receiving compensations.
3. Complaints will be filed in the Chambers of Reprimand for cases pending in the Uppermost Court of the Kingdom.
   The Chamber’s decision can be appealed in the Chambers of Reprimand, in which case the Appellate Chamber will consist of different supervisors. The decision of the Appellate Chamber shall be final.
   Complaints will be filed in the Uppermost Court of the Kingdom for cases pending in the Magistrate’s Court of the Kingdom. The Uppermost Court’s decision pertaining unto complaints of overlong trials can be appealed to the Chambers of Reprimand, whose decision shall in this case be final.
4. Complaints are only admissible three months after the complainant has submitted a Reprehension of Procrastination to the Court where the bemoaned case is pending.
5. Reprehension of Procrastination can be submitted after six months beginning from the reception of the case by a judge and pertains only unto the case reprehended. Any overlong appeals are considered separate cases for the purpose of this act.
6. Disadvantages, excluding pecuniary disadvantages, are presumed when court proceedings have lasted for an inappropriately long time. Compensation therefor can only be claimed, if, contemplating the circumstances of the individual case, reparation by other means, pursuant to sentence 6 of this act, cannot be made. Compensation consists of pecuniary reimbursement of one Ferrigno (10𝓁 = $15 US) for every month of prolonging after successful determination of undue delay. Counting starts from the day the Reprehension of Procrastination was submitted.
7. Reparation by other means as mentioned in sentence 3 includes mitigation of sentences considered, abandonment of charges, settlement out of court, ...
   
   

FURTHERMORE resolve the Ziu following amendment to the Organic Law, recommending it to the citizenry of the Kingdom for ratification:
Organic Law, Article XVI, Section 1, Sentence 2:

The judges, both of the Uppermost and inferior courts, shall be elected in accordance with Article XVI, 16.4, and shall hold their offices for life (or until resignation), and may only be removed by a two-thirds vote in the Cosâ with approval by the King and the Senäts.

shall be amended to read

The judges, both of the Uppermost and inferior courts, shall be elected in accordance with Article XVI, 16.4, and shall hold their offices for life, or until resignation. Without consent of judges affected, they may only be removed either by a two-thirds vote in the Cosâ with approval by the King and the Senäts, or by a final judgement delivered in the Uppermost Court of the Kingdom or in the Chambers of Reprimand. Judges of provincial courts may also be removed by a final judgement delivered in the Magistrate’s Court.

Chamber of Reprimand

Pursuant to this Act, a Chamber of Reprimand (“Cámeră da Quest”), as mentioned in section [X] is created. The Chamber is entrusted with the evaluation of any Reprimand of Procrastination brought before her. The Chamber consists of five (5) Senätsilor, which shall be composed of:

1. One Member of the Cosă
2. Two citizen of full age
3. One member of the Senäts
4. other members?

The procedure of choosing members shall be the same as for judges and they members shall sit for life.
These rules apply not to the members of the citizenry, who shall sit temporarily during a one-year term and shall be appointed by the Uppermost Court or the Ziu.

Uréu q’estadra så: Magniloqueu Épiqeu da Lhiun (MRPT)