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HIMERA JUSTICE
LEGAL INFORMATION

The Himera Roleplay legal system is loosely based on previously established legal systems that have been changed to fit server needs. All information in this document is liable to change.

 

 

 

TABLE OF CONTENTS

Section 1: Constitution

Section 2: Legal Statutes

Section 3: Penal Code

Section 4: Additional Legal Information

 

 

 

 

 

Section 1 - Constitution

 

Article I (Duty of the State):

  •    It is the duty of the State to confirm and guarantee the fundamental and inviolable human rights of its citizens.

Article II (Equality)

  •     All Himera citizens shall be equal before the law and therefor shall not be discriminated against regarding political, economic, social or cultural life on account of sex, gender, religion, race or social status

Article III (Personal Liberty)

  • All citizens shall enjoy personal liberty. No person shall be arrested, detained, searched, seized or interrogated unless they are part of an active criminal investigation, or unless probable cause is invoked. As such, no person may be subjected to involuntary labor unless through lawful procedures.
  • No citizen shall be tortured or pressured to testify against themselves during a criminal investigation or case.
  • Warrants issued by a judge upon the request of an officer or prosecutor shall be presented during a trial in the case of arrest, detention, seizure, or search. Provided a criminal has been detained during an active situation and their residence subsequently searched, a warrant is unneeded and thus does not need to be presented.
  • Any person detained with the intent of a criminal interrogation may inquire for an attorney, if they cannot find an attorney, one will be appointed for them by the State. 

Article IV (Freedom of Residence)

  • All citizens shall enjoy freedom of residence and may move upon their own will.

Article V (Freedom of Employment)

  • All citizens shall enjoy freedom of occupation

Article VI (Warrants)

  • All citizens shall be free from intrusion of residence - the exceptions being a search and seizure warrant issued by a judge, or if the citizen has been involved in an active criminal situation and seen entering their residence.

Article VII (Religion)

  • All citizens shall enjoy freedom of religion, with separation of Church and State.

Article VIII (Freedom of Speech and Press)

  • All citizens shall enjoy freedom of speech, press, and assembly of association.
  • The standard of news service and broadcast facilities and matters necessary to ensure their functions shall be determined by the acting mayor.
  • Neither speech nor the press shall violate the honor or rights of other persons nor undermine public morals or social ethics. Should speech or the press violate the dignity or rights of other persons, legal actions may be pursued for the damage resulting therefrom.

Article IX (Arts)

  • All citizens shall enjoy the freedom of learning and arts.
  • The rights of authors, inventors, scientist, engineers, and artists shall be protected by the State.

Article X (Voting)

  • All citizens have the right to vote for their government officials.

Article XI (Trials)

  • All citizens are subject to trial upon violation of the Constitution and the laws that branch from it.
  • All citizens shall have the right to a speedy trial. The accused shall have the right to a public trial without delay in the absence of justifiable reasons to the contrary.
  • The accused shall be assumed innocent until proven guilty by the final verdict given by the judge.
  • A victim of a crime shall be entitled to make a statement during the proceedings of the trial case.

Article XII (Compensation)

  • In such cases a criminal suspect is detained and questioned without their rights given to them and subsequently an attorney present, the suspect may demand compensation. This may come in the form of a court trial or settlement from the offending part/faction.
  • Citizens who have suffered bodily injury or death due to the criminal acts of another may sue for financial compensation.

Article XIII (Damages by a Government Official)

  • In the case a citizen has sustained damages by an unlawful act committed by a public official in the course of official duties, he may claim just compensation from the State or faction from which the offending Government official belongs. If the public official is found guilty, they shall not be immune from liabilities or termination.

Article XIV (Working Condition Standards)

  • Standard of working conditions shall be determined by the state and mandated by in any organization or business. In response to a violation of these standards, workers may form a union and petition to either the organization or the State itself.

Article XV (Exception of Rights)

  • Freedoms and Rights of citizens may only be nullified when necessary for national security, the maintenance of law and order, or public welfare. This includes but is not limited to martial law.

Article XVI (Taxes)

  • All businesses and factions shall have the duty to pay taxes as mandated by the State.

Section 2 - Laws

The penal code with all laws, definitions and punishments can be found: HERE (TO BE ANNOUNCED)

Section 3 - Legal Statutes
Click the text below to be linked to the statutes.

Police Officials Act
Medical Service Act
Criminal Act
Attorney At Law Act
Martial Law Act

 

 

Section 4 - Additional Information

 

Subpoenas:

          Subpoenas are a motion that can be requested once a case is accepted. Subpoenas require the recipient to show up as a witness or produce documents, electronically stored information, or objects and to permit inspection, copying, testing or sampling. A subpoena is required to be given to the recipient in character by a member of the Himera Police Department.

 

Contracts:

          Contracts are a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations. A legally binding contract MUST consist of an offer, acceptance, awareness, consideration, capacity, and legality.

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