Law:55RZ23 The Due Process Reversion Amendment
EPHEMERAL STATUS |
LEGEU |
It amends the following: |
Ziu 55th Clark 6th April 2021/XLII
Uréu q'estadra så: Miestrâ Schivâ |
Cosă: PASSED |
Per 160 — Con 20 — Aus 0 |
Senäts: PASSED |
Per 6 — Con 1 — Aus 0 |
Referendum: PASSED |
L'Anuntziă dels Legeux |
View Clark Result |
WHEREAS, the Fifth Covenant to the Covenants of Rights and Freedoms once read as follows:
Any person charged with an offence shall be presumed innocent until proven guilty, and has the right to request information on his legal rights. No accused person shall be twice put in jeopardy of life, liberty, or property for the same offence, or without due process of law; nor shall any citizen be compelled in any criminal case to bear witness against himself. Excessive fines, and cruel and bizarre punishments, shall not be inflicted.
WHEREAS, the Due Process Amendment, 50RZ26, received sufficient support in the Ziu and the requisite majority during referendum to modify that language;
WHEREAS, the Still Into This Amendment, 53RZ18, inadvertently reverted this covenant to the foregoing language;
WHEREAS, said omission from 53RZ18 appears entirely accidental and unintentional.
WHEREAS, the Ziu desires to remedy this mistake by re-adopting, without modification, the Fifth Covenant as enumerated in 50RZ26.
THEREFORE, the Fifth Covenant to the Covenants of Rights and Freedoms, Article XI of the Organic Law, is repealed in its entirety.
FURTHERMORE, the following language is adopted as the Fifth Covenant, Organic Law, Article XI.5:
No person shall be deprived of life, liberty, or property without due process of law, nor denied equal protection of law. Any person charged with an offense must be informed of their legal rights upon seizure by the government, and must be presumed innocent until proven guilty by a court of law. No person shall be subject to answer to the same criminal offense after the criminal charge has been properly adjudicated in a court of law, nor shall any person be compelled in any criminal case to bear witness against himself, nor shall any person be subjected to excessive fines, nor shall any person be subjected to cruel and unusual punishment. The Ziu shall have the power to enforce this Covenant by appropriate legislation.