Difference between revisions of "Sober Thought Criminal Code"

Latest revision as of 20:59, 3 May 2007

This is a transcription from the original. Unless otherwise specified, changes in the text of this article represent corrections in the transcript and not changes in the code.

The Criminal Code contain the bulk of criminal offences in Sober Thought based upon which provincial police in provinces like Thuvia, Jarvet and Hochelaga make arrests. Criminal Charges are heard in Criminal Court.

Title 0. General provisions

1. Definitions

Throughout the Criminal Code and law, and in all applicable word forms, unless otherwise specified the following defintions of words and phrases appy:

(a) "actuarial loss": Monetary value of the damages incurred during the crime and the judicial processes flowing from it, including goods, services, property or labour lost or damaged as a result of the crime.
(b) "adult": Person aged 18 or more years.
(c) "authority": Relations between a subordinate and superior outside public officials in the course of official duties.
(d) "benefit": Good or service offered as a reward for an act or omission.
(e) "child": Person after birth but aged less than 14 years.
(f) "constitutional": A government, right, obligation or condition established by the Sober Thought Constitution.
(g) "corporation": Group of persons associated for a common purpose authorised by the government and treated as a person in law.
(h) "crime": An act or omission that is illegal.
(i) "currency": Notional or representational units of exchange or of account authorised by the government as legal tender.
(j) "evidence": Oral, written or recorded testimony provided during a judicial proceeding.
(k) "force": Physical violence applied without the use of a weapon.
(l) "good": Tangible item, whether manufactured or naturally occurring.
(m) "government": Any constitutionally recognised body inside Sober Thought. For illustrative purposes, this includes the federal or community government, provincial governments and municipal governments.
(n) "imprisonment": The period during which a person convicted of a crime is under government supervision. For illustrative purposes, this includes detention in a prison, prison colony, jail or half way house and authorised absences from detention such as those for court appearances, medical treatment, compassionate leave or parole.
(o) "illegal": Contrary to the constitution or its integral charter, or legislation or its authorised regulations, including this Criminal Code.
(p) "information": Data which imparts meaningful data in one or more of a person's senses. For illustrative purposes, this includes speech, auditory music, digitally encoded sounds, the printed word, food, scents and tactile languages.
(q) "informed consent": Explicit or implicit assent by one party to an act based on full disclosure by the other party. Persons who are not adults cannot give informed consent, unless otherwise specified.
(r) "intent": Consequences that a person states they desire or expect in the past, present or future, or that a reasonable person would conclude another person would desire or expect in the past, present or future.
(s) "intermediate sentence": Imprisonment up to fifteen years with at least two years before parole for aggravated convictions, one year for unaggravated and one day for mitigated. May also include a fine the greater of five times the per capita income or actuarial loss, unpaid labour for a term up to fifteen years, or both. For corporate convicts, imprisonment shall mean the restriction or cessation of corporate activity. Sentences shall be served concurrently or consecutively as determined by judicial proceeding.
(t) "jail": Place where persons charged with a crime are held before and during judicial proceedings, or those persons receiving a minor sentence serve their imprisonment.
(u) "judicial official": A person employed by or recognised by the government as part of judicial proceedings. For illustrative purposes, this includes police officers, lawyers, bailiffs, court reporters, judges and prison guards.
(v) "judicial proceeding": Judicial officials in the course of their official duties. For illustrative purposes, this includes arresting, jailing, charging, bailing, trying and paroling persons suspected, charged or convicted of a crime.
(w) "major sentence": Imprisonment for life with at least fifteen years before parole for aggravated convictions, ten years for unaggravated and five years for mitigated. May also include a fine the greater of ten times the per capita income or actuarial loss, unpaid labour for a term up to natural life, or both. For corporate convicts, imprisonment shall mean the restriction or cessation of corporate activity. Sentences shall be served concurrently or consecutively as determined by judicial proceeding.
(x) "minor sentence": Imprisonment up to ten years with at least one year before parole for aggravated convictions and one day for unaggravated or mitigated. May also include a fine the greater of five times the per capita income or actuarial loss, unpaid labour for a term of up to ten years, or both. For corporate convicts, imprisonment shall mean the restriction or cessation of corporate activity. Sentences shall be served concurrently or consecutively as determined by judicial proceeding.
(y) "official duties": The activities of public officials.
(z) "parole": That part of imprisonment which is spent in open custody at the discretion of responsible judicial officials.
(aa) "party to a judicial proceeding": A judicial official or other person involved in a judicial proceeding. For illustrative purpopses, this includes witnesses and jurors.
(bb) "person": An adult, young adult, youth, child or corporation.
(cc) "prison": Place where persons convicted of crimes serve their sentences.
(dd) "public official": A person elected or appointed to government, including a judicial official.
(ee) "secret": Intended to be kept only between contracting or contacting parties. For illustrative purposes, this includes abuse of office, obstructing justice, obstructing government, or threatening attempts which have non-disclosure admonitions.
(ff) "service": Labour performed by or a good temporarily given by one person to another.
(gg) "weapon": A manufactured instrument or naturally occurring object used by a person to increase force.
(hh) "young adult": Person aged at least 18 but less than 25.
(ii) "youth": Person aged at least 14 but less than 18.

2. Application

The Criminal Code applies to all:

(a) actions occuring within 15 years if intermediate crimes or 10 years if minor crimes;
(b) persons and actions in Sober Thought and lands administered under international law by Sober Thought; and actions in watercraft, aircraft and spacecraft registered in Sober Thought; charged with crimes against the state;
(c) persons who have not been acquitted on the same charges for the same acts;
(d) persons who plan or attempt illegal acts or omissions;
(e) persons who with informed consent are involved in voluntary illegal transactions;
(f) persons or classes of persons who are not otherwise specifically excluded by law;
(g) persons who have associated for a common illegal purpose, regardless of an individual person's involvement in a specific crime;
(h) crimes committed at the same time, or for each crime comprised by a single act; or
(i) youth and adults.

3. Exculpatory factors

Judicial officials and judicial procedures may consider:

(a) absence of intent;
(b) otherwise informed consent for sexual purposes among children, youth and young adults who are aged no more than two years apart;
(c) absence of overt act or public information;
(d) lawful official duties;
(e) self defence; or
(f) incompetence, if coupled with remedial training or discharge,

as fully or partially exculpatory factors to such a degree as is reasonable.

4. Mitigating factors

Judicial officials or judicial proceedings may consider:

(a) age of the offender, if child, youth or young adult;
(b) mental illness, if under treatment, undiagnosed or not reasonably suspected at the time of the act, and psychological treatment is accepted and successful after the act;
(c) intellectual deficiencies;
(d) the application of duress, either to the person or a third party;
(e) the possibility of shared blame where appropriate criminal charges have been laid or convictions have been secured;
(f) poverty, for theft or fraud, provided a payment or delivery plan acceptable to the victim of the theft or fraud is concluded; or
(g) actuarial cost or victim impact.

as mitigating factors to such degree as is reasonable.

5. Aggravating factors

Judicial officials and judicial proceedings may consider:

(a) age of the victim, if child, youth or young adult;
(b) health and intellectual impairment of the victim;
(c) application of duress to any party;
(d) prior convictions or pending charges;
(e) disregard for constitutional rights or constitutional order;
(f) use of force or weapons;
(g) foetal damage or miscarriage;
(h) acts against public officials in the course of official duties;
(i) acts committed by public officials in course of official duties; or
(j) actuarial cost or victim impact.

as aggravating factors to such degree as is reasonable.

Title I. Crimes against the state

11. Treason

Any person who is a citizen, prospective citizen or resident commits treason by making an overt act, including committing espionage, to overthrow a government by unconstitutional means. Traitors shall receive any sentence including death and exculpatory factors shall not apply.

12. Sedition

Any person who is a citizen, prospective citizen or resident commits sedition by inciting any other person to overthrow a government by unconstitutional means or to commit espionage is guilty of treason. Seditionists shall receive a major sentence and exculpatory factors shall not apply.

13. Espionage

Any person who is a citizen, prospective citizen or resident commits espionage by obtaining national defence information government by illegal means. Spies shall receive a major sentence and exculpatory factors shall not apply.

14. Obstructing justice

Any person who is a citizen, prospective citizen or resident commits:
(a) judicial bribery by secretly offering a judicial official a benefit for acting or refraining from acting in the course of a judicial proceeding.
(b) perjury by giving evidence intended to be used or used in a judicial proceeding that person knows to be false.
(c) judicial forgery by making or altering documents intended to be used or used in a judicial proceeding.
(d) judicial tampering by offering a party to a judicial proceeding a benefit with the intent to alter the course of the judicial proceeding.
(e) judicial interference by threatening to commit or refrain from committing an act with the intent to alter the course of the judicial proceeding.

Those persons convicted under this section shall recieve a major sentence and exculpatory factors shall not apply.

15. Obstructing government

Any person who is a citizen, prospective citizen or resident commits:
(a) government bribery by secretly offering a public official a benefit for acting or refraining from acting on a particular matter, a particular class of matters or matters generally in the course of official duties.
(b) government forgery by making or altering documents intended to be used or used by a public official in the course of official duties.
(c) counterfeiting by simulating or altering currency with the intent presenting it as real or unaltered currency.
(d) government interference by threatening to commit or refrain from committing an illegal act with the intent to alter a public official's behaviour in the course of official duties.

Those persons convicted under this section shall recieve a major sentence and exculpatory factors shall not apply.

16. Abuse of office

Any government official commits abuse of office who:
(a) secretly demands a benefit for acting or refraining from acting on a particular matter, a particular class of matters or matters generally in the course of official duties.
(b) issues or refrains from issuing without lawful reason official documents.
(c) in the course of official duties threatens to commit an illegal act.

Those persons convicted under this section shall receive an intermediate sentence and be barred from being a public official for the period of their sentence.

Title II. Crimes against the person

21. Murder

Any person commits murder who kills, except in self defence or legitimately in the course of official duties, another person. Murderers shall receive a major sentence.

22. Sexual assault

Any person commits sexual assault who commits assault for sexual gratification or upon reproductive organs of another person. Sexual assaulters shall receive a major sentence.

23. Assault

Any person commits assault who touches another person without informed consent. Assaulters shall receive an intermediate sentence.

24. Poisoning

Any person commits poisoning who secretly administers a legal or illegal substance to another person which may, is intended to or causes impaired mental and physical abilities. Poisoners shall receive an intermediate sentence.

25. Robbery

Any person commits robbery who takes currency, goods or services from their lawful owner by force. Robbers shall receive an intermediate sentence.

26. Impeding

Any person commits impeding who prevents, except in self defence or in the legitimate course of official duties, another person from lawful movement by force. Impeders shall receive an intermediate sentence.

27. Weapons offence

Any person commits a weapons offence who unlawfully uses, displays or possesses a weapon. Weapons offenders shall receive an intermediate sentence.

28. Threatening

Any person commits threatening who, without committing an overt act, states to others an intention to commit a crime. Threateners shall receive a minor sentence.

29. Impersonation

Any person commits impersonation who claims to be another person with the intent to mislead. Threateners shall receive a minor sentence.

Title III. Crimes against property

21. Arson

Any person commits arson who burns or explodes property or goods illegally, whether belonging to that person or not. Arsonists shall receive an intermediate sentence.

22. Illegal entry

Any person commits illegal entry who enters or remains on property against the explicit or implicit permission of the lawful owner. Illegal enterers shall receive an intermediate sentence.

23. Theft

Any person commits theft who:
(a) takes without informed consent or lawful reason a good belonging to another
(b) uses without informed consent or lawful reason a service belonging to another
(c) uses without informed consent or lawful reason the intellectual property belonging to another, or
(d) contracts to pay for a good or service which they receive but for which they do not pay.

Thieves shall receive an intermediate sentence.

24. Fraud

Any person commits fraud who contracts to provide a good, service or intellectual property for which they are paid but which they do not deliver. Defrauders shall receive a minor sentence.

25. Illegal destruction

Any person commits illegal destruction who damages or destroys without informed consent goods belonging to another person, or a healthy animal. Illegal destroyers shall receive a minor sentence.