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7 James I, c. 07.VII.07
Whereas this act outlines the activities considered as crimes against the Hapan people, and governs the subsequent judicial process of criminal cases within the Hapes Consortium.
Whereas this act has full force and effect on all Hapan citizens and all foreigners who are within the Cluster, or who have committed a crime against a Hapan citizen or property, or whose intentions are to harm the interests of the Hapes Consortium or its people. Whereas this Act is only a partial list of criminal activities and is complemented by other laws and regulations passed by the Hapan Government. Whereas any person or persons who harms or attempts to harm in any way shape, or form a citizen of the Hapes Consortium, be it corporally or otherwise, shall be prosecuted within full extent of the common law notwithstanding the crime's absence in this Act. Whereas by-laws passed by lower government levels may not contradict the meaning or spirit of this Act, neither should they seek to modify it in any way. Chapter I: Offences against Public Order
Chapter II: Offences against Property
Chapter III: Offences against the State
Chapter IV: Involvement in an Offence
Chapter V: Possession of Contraband
Chapter VI: Magistrates of the Peace
Chapter VII: Defendant's Rights
Chapter VIII: Investigation Process
Chapter IX: Rendering Judgement [top] 1. Assault: Unlawful, intentional inflicting, or attempted infliction, of injury upon the person of another. 2. Hijacking: The unauthorized or unsanctioned seizure of a ship or vehicle with the intent to take or execute hostages. 3. Bribery: The unlawful attempt to offer a Hapan Official, or nationalized corporation money, power, or property in an effort to gain information or to incite said official to commit a crime. 4. Fraud: Using deception or deceit to secure or acquire anything. This includes, but is not limited to: ships, weapons, droids, and money. Services paid for include sales of ships, and other assets and items of equivalent natures. 5. Forgery: Altering or making a writing or an artifice of legal significance with intent to benefit from the unlawful act. 6. Libel: Unjust defamation of a person by written or representational means, or the publication of blasphemous, treasonable, seditious, or obscene writings or pictures. 7. Extortion: The action or attempt to illegally subvert the Hapan Legal System, so as to obtain property, ships, or money for personal gain. Also, the coercion of any individual to commit crimes on behalf of the coercing party. 8. Impersonation: Any person, including persons under the service of Hapes, who wilfully impersonate a Hapan Official. 9. Endangerment: Subjecting civilians to potentially fatal situations at any time during the process of being taken into custody by State officials. 10. Unlawful Detention: Holding a person in custody without probable cause, Court warrant or sanction from the Ministry of the Interior. 11. Perjury: The voluntary violation of an oath or vow either by swearing to what is untrue or by omission to do what has been promised under oath. [top] 1. Trespassing: The unauthorized or unsanctioned entering of a facility or vessel that is considered private, military, or property of the government. 2. Larceny: The taking or attempted taking of another person’s personal property without force or deceit, with intent to permanently deprive the owner of such property. 3. Theft: The use of force, or threat of immediate force, applied to the purpose of taking property belonging to another. 4. Burglary: The unauthorized or unsanctioned entering of a facility with intent to commit an offence or steal property. 5. Embezzlement: The unlawful taking of property entrusted to one’s care; this includes use of another person’s property, which deprives them of that use. 6. Vandalism: Damage to, disposal of, and/or defacing to property not owned by the individual committing the act. 7. Arson: An attempt or act, deliberate or not, to destroy the property of another. [top] 1. Murder: The unlawful and deliberate killing of an individual by another. 2. Espionage: The act or attempt to transfer sensitive, classified, official, or similar documents and information on behalf of a foreign entity, on behalf of a separate entity or organization, or for the personal use of the individual. 3. Treason: Whoever, owing allegiance to the Hapan Crown, levies war against her or adheres to her enemies, aiding them directly or indirectly to the detriment of the safety and defence of her realm and people. 4. High Treason: Whoever causes the death or any bodily harm to the Sovereign, their consort or heir apparent. [top] 1. Accessory: A person not actually or constructively present but contributing as an assistant or instigator to the commission of an offence. Or a person who knowing that a crime has been committed, aids or shelters the offender with intent to defeat justice. 2. Conspiracy: Participation in any group or alliance, secret or not, in the commission of a crime. [top] 1. The possession and/or trade of slaves is forbidden within the Hapes Consortium or by a Hapan citizen. 1.1 The possession, trade and/or usage of explosive devices is prohibited except under the commission and supervision of the Royal Armed Forces or other Royal service authorized to deal with such weaponry. 2. The possession of any of the following is considered illegal within Hapan territory. Hapan officials are to confiscate and/or destroy the contraband: a. Electronic Lock Breaker
b. Grappling Hook
c. Slave Collar
d. Tracking Device
e. Universal Energy Cage
f. Fake ID
g. Ryll
h. Assassin Droid
i. Destroyer Droid
j. Battle Droid
k. Super Battle Droid 3. The usage of the aforementioned list of contrabands shall be considered lawful if done so under the consent and supervision of the Hapan Government or the Royal Armed Forces for national defence purposes. [top] 1. The Magistrate is the main judicial arbiter of the Consortium, with the authority to try and test the culpability of an accused person and render verdict and sentence for purposes there-in. 2. Each and every Archon of the Realm shall simultaneously hold the title of Magistrate. The Ministry of the Interior shall also, from time to time, name other people to serve as Magistrates. 3. The Chamber of Lords shall be the highest Appellate Court of the realm with general jurisdiction on all matters; however, it can only hear appeals from cases decided by a lower instance first. a) During a trial session, the Chamber shall follow ordinary judicature rules defined by law and custom.
b) Every active Peer in the Chamber of Lords shall, during the time of the trial, assume the role of judge for the trial.
c) The longest serving Peer in the Chamber at the time of the trial, here-on referred to as the Dean, shall be the presiding judge during the trial session.
d) The Dean shall ensure decorum and respect for the dignity of the Court and the smooth conduct of the trial.
e) Upon the conclusion of the trial, the Lords Justices shall deliberate amongst themselves and deliver a unanimous verdict and sentence according to the laws and customs of the realm. 4. The following cases form exceptions to the participation on the judicial bench of the Chamber of Lords: a) If the Minister of the Interior is a member of the Chamber of Lords, he is to abstain from participating as a judge in trials therein.
b) A Peer who was magistrate for an earlier first instance trial must abstain from participating as judge in that trial's appeal to the Chamber of Lords.
c) A Peer who is party to the trial at hand or has a vested interest therein shall not sit as a judge in the Chamber for the duration of the case.
d) If there is sufficient evidence that a Peer is biased or has not proven suitable impartiality in a case, the Minister of the Interior or a participant party to that case may request that the Chamber of Lords relieve said Peer from participating as a judge during that trial.
5. The Minister of the Interior is the attorney general to the Crown and chief public prosecutor for the realm. a) Any judicial actions taken against the Crown shall be responded to by the Minister or a designated agent acting on his behalf.
b) Criminal and public prosecutions against liable persons shall be pursued, on behalf of the Crown, by the Minister or a designated agent.
c) A Magistrate of first instance shall preside over the investigation and trial of the accused person, and shall recognize the Minister, or a designated agent, as prosecutor for the Crown.
d) The Minister, or a designated agent, shall represent the Crown in appeals to the Chamber of Lords.
e) In cases heard by a Magistrate or the Chamber of Lords in which the Minister is not prosecuting, he may participate as an intervener or amicus curae. 6. The Sovereign shall have the royal prerogative to grant mercy and bail to any and every person condemned for a crime within Hapan jurisdiction. [top] 1. Upon the arrest of an individual by an official authorized by the Ministry of the Interior for the purposes there-of, the arrested individual shall be detained for a maximum of one week unless formal charges are laid against him. 2. The accused shall have the right to be informed of his situation and the charges laid against him. He shall be instructed on the judicial process by an officer of the peace. 3. The defendant shall have the right to a counsel. However, he must search out and hire a counsel on his own. The defendant may, at all times, choose to represent himself. 4. The culpability of a defendant shall be rendered on the balance of facts, with no burden of proof borne by either the Defence or the Crown. 5. If the culpability of the defendant cannot be proven by ways of habeas corpus before a Magistrate, then he must be released forthwith. [top] 1. The Security and Investigation section of the Ministry of the Interior, the Ministry of Intelligence and the Sentinel Corps of the Royal Army shall have the exclusive rights, as officers of the peace, to investigate cases and interrogate the defendant and any other persons they deem involved as witnesses, suspects or otherwise. 2. Any and every information gathered by the aforementioned divisions must be submitted to the Magistrate in charge of the case. 3. During the investigation process, the Magistrate may also conduct his own research, investigation and request a direct interview with the defendant, suspects or witnesses for the collection of information. 4. A Magistrate may subpoena any person he deems integral for the case; thus anyone interrogated by a Magistrate must offer his complete and truthful cooperation or face penal pursuit. 5. No evidence may be considered if it was gathered by Hapan officials unlawfully or if it circumvents the letter or spirit of Hapan law. 6. The Magistrate must remain neutral at all times during the course of the case. If at any time he feels that his neutrality is in question, he must defer the matter to the Minister of the Interior for re-assessment. [top] 1. When considering a sentence, the Magistrate shall reflect upon precedent cases with similar circumstances. He shall also refer to judicial codices prepared by the Ministry of the Interior. 2. Once a Magistrate has finished his investigation and is ready to render a decision, he is to defer the case to another actively serving Magistrate before making his decision public. The second Magistrate’s role is to conduct his own separate investigation and render his own decision. 3. Once both Magistrates have a decision in mind, they are to deliberate in secret amongst themselves a common verdict and sentence that must be rendered to the defendant and the Ministry of the Interior. 4. In certain cases where a Magistrate deems the defendant uncooperative, he may call upon the aforementioned Security and Investigation section to act as prosecutors of the Crown. 5. The death penalty may only be applied when a defendant is found guilty of a crime listed under Chapter III of this Act. 6. If a defendant is found guilty, he has no more than two days to launch an appeal to the High Magistrate, who in-turn shall reserve the right to hear the case anew or enforce the judgement of the lower Magistrate.
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