Law:The Criminal Code Reform Act

35RZ34 — The Criminal Code Reform Act

WHEREAS, 31RZ14 and 35RZ21 have provided the Kingdom with a comprehensive Criminal Code, but

WHEREAS, our Criminal Code was not drafted by Talossans and does not take into account the unique circumstances and needs of the Kingdom, and

WHEREAS, recent events illustrate the need for reform Talossan criminal justice system with a view to tailoring it to our aforementioned circumstances and needs, and

WHEREAS, the severity of certain offenses under the Criminal Code should be enhanced to reflect the especial threat such offenses pose to public order in the Kingdom,

THEREFORE, the Ziu hereby enacts that,

1. The abolishment of common law crimes contained in section 939.10 of the Criminal Code and the abolishment of common law penalties in section 939.61(3) of the Criminal Code shall not be construed to infringe upon the inherent authority of the courts to criminally punish contempt of their authority.
2. Authorized punishments:
   1. Banishment. Banishment may be ordered in conjunction with revocation of citizenship in any felony case. Banishment prohibits the former citizen from entering the territory of the Kingdom of Talossa. A former Talossan who has been banished may not be reinstated as a citizen.
   2. Revocation of citizenship. A sentence of revocation of citizenship directs the Chancery to remove the offender from the list of Talossan citizens. Simple revocation is without prejudice to a future reapplication for citizenship. Revocation of citizenship may be ordered under the following circumstances:
      • Felonies. If a court determines not to impose a sentence of imprisonment pursuant to subparagraph (3) below, the court shall order that the citizenship of the offender be revoked and that he or she be banished from Talossa. In all other felony cases, revocation may be ordered in the discretion of the court.
      • Misdemeanours. In addition to any other punishment authorized by law, a court may order revocation of citizenship upon conviction for a misdemeanour only if the court determines, based on the offender's potential for rehabilitation and any aggravating circumstances of the offense(s), that any lesser punishment is unlikely to deter the offender from repeating his or her criminal behavior.
   3. Imprisonment. Nothwithstanding any other provision of the Criminal Code, upon conviction of any crime for which a sentence of imprisonment is authorized by law, a court shall not order imprisonment as part of a sentence unless the offender is physically present to order into custody, and the Attorney General certifies that appropriate resources are available to the government to carry out the sentence of the court.
   4. Civil disability. Civil disabilities may be imposed in conjunction with a suspended sentence upon conviction of any crime for which imprisonment is authorized, but where a sentence of imprisonment or revocation of citizenship has been suspended pursuant to section 3 of this act. Civil disabilities differ from conditions of suspension in that civil disabilities are intended to be punishment in themselves, and violation of a civil disability is punishable as criminal contempt of court rather than as violation of a condition of suspension. Civil disabilities apply to the offender only during the period of suspension (or any lesser portion thereof specified by the court), and may include any or all of the following:
      • Bar from holding national executive office
      • Bar from holding national judicial office
      • Bar from holding national legislative office
      • Bar from holding provincial office
      • Bar from performing military service
      • Bar from service in the Royal Household
      • Bar from posting on Wittenberg
   5. Fines. When a fine or forfeiture is imposed as a component of any sentence, the court shall specify the the period within which the sum must be paid, which period shall not be less than thirty days. The court may, in the interests of justice, allow the offender to pay the sum in more than one installment, according to a schedule prescribed by the court. Willful failure to pay a fine or forfeiture within the time provided is punishable as criminal contempt of court.
   6. Restitution. When imposing sentence for any crime or forfeiture, a court, in addition to any other penalty authorized by law, shall order the offender to make full or partial restitution to any victim of a crime considered at sentencing or, if the victim is deceased, to his or her estate, unless the court finds substantial reason not to do so and states the reason on the record. The court must specify a reasonable period of time, not less than thirty days, within which the offender must make restitution. Willful failure to make restitution within the time provided is punishable as criminal contempt of court. Court-ordered restitution shall not bar any victim from pursuing any civil remedies available at law to recover any amount or type of damages not covered by the order of restitution.
   7. Reprimand. In all criminal and forfeiture cases, a court may reprimand the offender in addition to (or in lieu of, where no minimum punishment applies) any other authorized punishment.
3. Suspended sentences:
   1. A court may order the suspension of all or part of any sentence, for a period of time not to exceed three times the maximum period of imprisonment authorized for the crimes of which the offender has been convicted, except that when the maximum period of imprisonment is less than two months the maximum period of suspension is six months. In forfeiture cases, a forfeiture may be suspended for a period of up to six months. At the end of the period of suspension ordered by the court, the suspended punishment is rescinded if the offender has not violated any condition of the suspension.
   2. If a court determines, by a preponderance of the evidence, that the offender violated any condition of his suspension during the period of the suspension, the suspension shall be revoked and the original punishment imposed. Nothing in this paragraph shall be construed to prohibit prosecuting an act violating a condition of suspension as a criminal offense in its own right, either in the same or a separate action as the revocation of suspension.
   3. Refraining from committing any further crimes or forfeitures is an implicit condition of every suspended sentence. Other conditions which may be imposed by the court include, but are not limited to:
      • Injunction from requesting or accepting royal honours
      • Injunction from violating Wittiquette
      • The performance of a fixed amount of community service under the supervision of a public body or not-for-profit organization, as directed or approved by the court.
4. Increased penalties for certain offenses against public peace and order:
   1. Whoever commits any of the acts prohibited by section 947.0125(3) of the Criminal Code, relating to the unlawful use of computerized communication systems, is guilty of a class C misdemeanour.
   2. Whoever commits any of the acts prohibited by section 947.013(1m) of the Criminal Code, relating to harassment, is guilty of a class C misdemeanour.
   3. Section 939.32(2) of the Criminal Code, relating to reduced penalties for attempted computer crimes, is hereby repealed.
5. Any class B or class C misdemeanour may be prosecuted as a forfeiture of any class, if the Attorney General determines that such prosecution would best serve the interests of justice.

Uréu q'estadra så:
C.M. Siervicül (MC, RUMP)