Law:The Limitations Act: Difference between revisions

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=== 42RZ11 — The Limitations Act ===


=== 42RZ11 ===
'''WHEREAS''' 14RC30, [[The Statute of Limitations Act]] defines that the Statute of Limitations shall be no more than three (3) months from the date of the alleged commission of a crime, and
==== THE LIMITATIONS ACT ====
WHEREAS 14RC30-The Statute of Limitations Act defines that the Statute of Limitations shall be no more than three (3) months from the date of the alleged commission of a crime, and


WHEREAS given the nature and largely Internet basis of the Kingdom of Talossa, a crime can go months, if not years, without being discovered, and
'''WHEREAS''' given the nature and largely Internet basis of the Kingdom of Talossa, a crime can go months, if not years, without being discovered, and


WHEREAS a full and thorough investigation into a crime could take longer than three months, and
'''WHEREAS'''  a full and thorough investigation into a crime could take longer than three months, and


RECOGNISING that three months is not a suitable nor adequate length of time for Statues of Limitations, and
'''RECOGNISING''' that three months is not a suitable nor adequate length of time for Statues of Limitations, and


NOTING that a apt period of time should be established that does not prohibit a reasonable investigation nor infringe upon the accused rights, now
'''NOTING''' that a apt period of time should be established that does not prohibit a reasonable investigation nor infringe upon the accused rights, now


THEREFORE the Ziu does hereby enact:
'''THEREFORE''' the Ziu does hereby enact:


Section 1:
:'''Section 1.'''
:# The Statute of Limitations on all offences shall be thirty six (36) months, starting from the date the offence is discovered or the 'date of knowledge' of the injured party.
:# If the potential claimant is not at least 14 years old or did not have a sound mind at the time of the discovery/knowledge of the offence, time will not run until date of his 14th birthday or he has sound mind.


The Statute of Limitations on all offences shall be thirty six (36) months, starting from the date the offence is discovered or the 'date of knowledge' of the injured party.
:'''Section 2.''' This Act shall not apply to:
If the potential claimant is not at least 14 years old or did not have a sound mind at the time of the discovery/knowledge of the offence, time will not run until date of his 14th birthday or he has sound mind.
:# any action for which a period of limitation is fixed by any other limitation enactment;
Section 2: This Act shall not apply to:
:# fraud upon the court, which for the purpose of this act shall be defined as "to embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication."
:# war crimes as they are defined in the Charter of the Nürnberg International Military Tribunal of 8 August 1945
:# crimes against humanity, whether committed in time of war or in time of peace, as defined in the Charter of the Nürnberg International Military Tribunal Tribunal of 8 August 1945, eviction by armed attack or occupation, inhuman acts resulting from the policy of apartheid, and the crime of genocide as defined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.


any action for which a period of limitation is fixed by any other limitation enactment;
:'''Section 3.''' If any person commits a series of illegal acts or commits a continuing crime the period of limitation shall begin to run from the date of the last act in the series.
fraud upon the court, which for the purpose of this act shall be defined as "to embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication."
war crimes as they are defined in the Charter of the Nürnberg International Military Tribunal of 8 August 1945
crimes against humanity, whether committed in time of war or in time of peace, as defined in the Charter of the Nürnberg International Military Tribunal Tribunal of 8 August 1945, eviction by armed attack or occupation, inhuman acts resulting from the policy of apartheid, and the crime of genocide as defined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
Section 3: If any person commits a series of illegal acts or commits a continuing crime the period of limitation shall begin to run from the date of the last act in the series.


Section 4: Nothing in this Act shall:
:'''Section 4.''' Nothing in this Act shall:
:# enable any action to be brought which was barred before the operative date by any enactment repealed by this Act
:# affect any action commenced before the date this act came into force.


enable any action to be brought which was barred before the operative date by any enactment repealed by this Act
'''FURTHERMORE''', 14RC30, The Statute of Limitations Act, is hereby repealed.
affect any action commenced before the date this act came into force.
FURTHERMORE 14RC30-The Statute of Limitations Act is hereby repealed.


Noi urent q'estadra sa:  
Noi urent q'estadra sa:  
HM Government, represented by:  
<br />HM Government, represented by:  
Litz Cjantscheir Seneschal, MC, RUMP  
<br />Litz Cjantscheir, Seneschal (MC, RUMP)
Baron Hooligan Distain, MC, RUMP
<br />Baron Hooligan, Distain (MC, RUMP)
 
{{ScribeAuth}}
''Scribe's Note: This Act repleals The Statute of Limitations Act enacted by the 14th Cosa.''
''Scribe's Note: This Act repleals The Statute of Limitations Act enacted by the 14th Cosa.''

Revision as of 15:51, 11 August 2012

42RZ11 — The Limitations Act

WHEREAS 14RC30, The Statute of Limitations Act defines that the Statute of Limitations shall be no more than three (3) months from the date of the alleged commission of a crime, and

WHEREAS given the nature and largely Internet basis of the Kingdom of Talossa, a crime can go months, if not years, without being discovered, and

WHEREAS a full and thorough investigation into a crime could take longer than three months, and

RECOGNISING that three months is not a suitable nor adequate length of time for Statues of Limitations, and

NOTING that a apt period of time should be established that does not prohibit a reasonable investigation nor infringe upon the accused rights, now

THEREFORE the Ziu does hereby enact:

Section 1.
  1. The Statute of Limitations on all offences shall be thirty six (36) months, starting from the date the offence is discovered or the 'date of knowledge' of the injured party.
  2. If the potential claimant is not at least 14 years old or did not have a sound mind at the time of the discovery/knowledge of the offence, time will not run until date of his 14th birthday or he has sound mind.
Section 2. This Act shall not apply to:
  1. any action for which a period of limitation is fixed by any other limitation enactment;
  2. fraud upon the court, which for the purpose of this act shall be defined as "to embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication."
  3. war crimes as they are defined in the Charter of the Nürnberg International Military Tribunal of 8 August 1945
  4. crimes against humanity, whether committed in time of war or in time of peace, as defined in the Charter of the Nürnberg International Military Tribunal Tribunal of 8 August 1945, eviction by armed attack or occupation, inhuman acts resulting from the policy of apartheid, and the crime of genocide as defined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
Section 3. If any person commits a series of illegal acts or commits a continuing crime the period of limitation shall begin to run from the date of the last act in the series.
Section 4. Nothing in this Act shall:
  1. enable any action to be brought which was barred before the operative date by any enactment repealed by this Act
  2. affect any action commenced before the date this act came into force.

FURTHERMORE, 14RC30, The Statute of Limitations Act, is hereby repealed.

Noi urent q'estadra sa:
HM Government, represented by:
Litz Cjantscheir, Seneschal (MC, RUMP)
Baron Hooligan, Distain (MC, RUMP)


ScriberyBadge.png This page is maintained under authority of the Scribery of Abbavilla.
Această páxhină isch sub l'auþorità dal Scriuerïă d'Abbavilla.

Scribe's Note: This Act repleals The Statute of Limitations Act enacted by the 14th Cosa.