Law:50RZ26 The Due Process Amendment
| This law is currently IN FORCE |
It amends the following: |
Ziu 50th Clark 6th
Uréu q'estadra så: Viteu Marcianüs |
 Cosă: PASSED |
| Per 116 — Con 39 — Aus 0 |
 Senäts: PASSED |
| Per 6 — Con 0 — Aus 0 |
 Referendum: PASSED
|
L'Anuntziă dels Legeux |
View Clark Result |
50RZ26, The Due Process Amendment
WHEREAS the Fifth Covenant of the Covenant of Rights and Freedoms seeks to protect individuals from having their life, liberty, and property threatened by the government.
WHEREAS the wording of the Fifth Covenant implies that due process protections of life, liberty, and property are only available in instances of double jeopardy.
WHEREAS it is the hallmark for the protection of individual rights to ensure that due process is always required when the State seeks to deprive an individual of their life, liberty, or property.
WHEREAS it should be desirable to clean up the Organic Law as necessary.
WHEREAS if we can strengthen individual liberties while fixing the Organic Law, we should do so.
THEREFORE, the Fifth Covenant, Organic Law XIX.5, which reads,
- “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.”
is repealed in its entirety.
FURTHERMORE, the following language shall be adopted as the Fifth Covenant, Organic Law XIX.5:
- No person shall be deprived 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 cruel and unusual punishment. The Ziu shall have the power to enforce this Covenant by appropriate legislation.
Noi urent q'estadra så:
- Viteu Marcianüs - (MC, FreeDem)
- Ian Plätschisch - (MC, MRPT)