B-008: Criminal Code

[Alduria]

Criminal Code Act

An Act to create a Criminal Code for the Republic.

BE IT ENACTED by the duly elected Parliament of the Republic of Alduria assembled, 

ARTICLE ONE. Citation.
This Act shall be officially cited as the Criminal Code.

ARTICLE TWO. General Provisions.
Section 1. The purpose of law is to govern the relations of humans in the public sphere, and to guarantee the protection of the citizens of the Republic as mandated by the constitution and the social contract.

Section 2. No act shall be considered a crime that is not specifically declared unlawful.

Section 3. Ignorance of the Law on the part of the accused is not deemed to be admissible as a valid reason for escaping justified punishment for acting in the commissioning of a crime, even if it were presupposed to have been embarked upon solely as a consequence of the aforementioned state of ignorance.

Section 4. Persons who are not citizens of the Republic, yet reside or dwell or are present, for whatever purpose, within the Republic, with or without lawful authority to do so, are deemed to be citizens of the Republic for the purposes of this Act

Section 5. Judicial Authority is defined as all persons and offices mandated by law to dispense justice in accordance with law.

Section 6. An inquisitional or prosecutorial authority is that which has been specifically tasked by law or the government with the investigation and eradication of crime and criminals, in accordance with law.

Section 7. As used in this Act, except where otherwise specified, the Authority in this Act shall refer to the government.

Section 8. A Person in Authority is defined as those individuals who hold an office in the direct service of the government, including commissioned officers in the armed and uniformed forces of the Republic.

Section 9. No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied equal protection under the laws.

ARTICLE THREE. Crimes against the Republic.

Section 1. The persons of the President, Prime Minister, and Speaker are ones of revered public esteem.

Section 2. Whosoever shall, with premeditation or malice, physically harm the President, Prime Minister, or Speaker is guilty of the offense of Lesser Treason, and, if a citizen of the Republic,  shall be subject to public lashing and forfeiture of liberty by imprisonment, or hard labor, at the judgment of the court, for ten years, subject to the mercy of President.

Section 3. Any attack upon the infrastructure of the Government, be it infrastructure or employees, shall be construed as an attack on the person of the President.

Section 4. Where any number of persons conspire to commit such a crime as specified under these articles, against the person, likeness or plenipotentiaries, of the President or Prime Minister, or any other crime direct against the same, and the crime does not occur – when it is subsequently discovered it shall be regarded in such a way that the guilty parties will be punished in a manner consistent with how they would have been punished had the act in-fact been committed.

Section 5. A person who, being a citizen of the Republic, does anything tending to the death of the President, Prime Minister, member of the Cabinet, or the Speaker; levies war, or does any act preparatory to levy war, against the Republic; assists by any means whatever, with intent to assist, an enemy at war with the Republic, whether or not the state of public emergency or a state of war has been declared; assists another person who is, to his knowledge, guilty of treason in order to enable him to escape punishment; or knowing that a person intends to commit treason, does not give information thereof to the government or to any further authority, shall be guilty of a crime, called High Treason, and, after conviction by the court, shall be liable to the punishment of hard labor for life, subject to the mercy of the President, with all personal property forfeited in favor of the Government.

Section 6. A person who shall do any act or thing to overthrow, or attempt to overthrow the Republic or the government, by revolution or sabotage or to overthrow by force or violence the duly established local government, shall be guilty of a crime, called Treachery, and, after conviction by the court, shall be liable to the punishment of hard labor for life, subject to the mercy of the President, with all personal property forfeited in favor of the Government.

Section 7. Any person who carries out an act to destruct anything, substance or material that is used, or intended to be used, to the defense of the Republic, or to the maintenance of the internal security and public order therein, shall be guilty of a crime, called Sabotage, and liable to the punishment of hard labor for twenty years, subject to the mercy of the President, with all personal property forfeited in favor of the Government.

Section 8. Any person who, with an intent prejudicial to the safety or defense of the Republic, makes within or without the territory of the Republic, a sketch, plan or photograph of a place or thing, or a note or document of a thing, that is likely to be, might be or is intended to be directly or indirectly useful to an enemy or a foreign nation; obtains, collects, records, uses, has in possession or communicates to another person any information, including an opinion or a report of a conversation, that is likely to be, might be or is intended to be useful to an enemy or a foreign nation; or approaches, is in, enters, inspects or passes over a place prohibited by an Act or other military order; shall be guilty of a crime, called Espionage, and liable to the punishment of up to life imprisonment, or hard labor, at the judgment of the court, with all personal property forfeited in favor of the government.

Section 9. Anyone who, in contravention of the provisions of the laws, intends, attempts, or makes preparations to detach any part of the territory of the Republic from allegiance to the Republic or to the government, shall be guilty of a crime, called Dismemberment of the National Territory, and liable to hard labor for life, subject to the mercy of the President, with all personal property forfeited in favor of the Government.

ARTICLE FOUR. Crimes against the natural person.

Section 1. An individual who, unless it is approved by an Act, does any act, or attempts to do any act, with premeditation and malice, to cause the death or destruction of another individual, shall be guilty of a crime, called Murder, and liable to the punishment hard labor for life or life imprisonment, at the judgment of the court but shall not impose a sentence of less than twenty years.

Section 2. An individual who, involuntarily and without premeditation or malice, does an act to cause the death or dismemberment of another individual shall be guilty of a crime called Homicide, and liable to the punishment of forfeiture of liberty by imprisonment, or hard labor, at the judgment of the court, for twoup to twenty years for each offense but shall impose no less than five years.

Section 3. A person, who, with malice and without the consent of another person, uses the name of such person, shall be guilty of a crime, called Identity Theft, and liable to the punishment of imprisonment for a period fixed by the court, not to exceed ten years.

Section 4. A person who, in order to cause a mistake of another person, uses a name, or declares to have a character, that is not his own, shall be guilty of a crime, called Deceit, and liable to the punishment of imprisonment for a period fixed by the court not to exceed ten years or of forfeiture of property.

Section 5. A person who takes into his possession anything of any kind, including money, that belongs to another person, unless such an act is made in execution of a law or a contract, without receiving leave to do so from the government, shall be guilty of a crime, called Theft, and liable to the punishment of imprisonment for a period fixed by the court, and hard labor or imprisonment, at the judgment of the court, for a period not less than six month to no more than 25 years, for each offense.

Section 6. A person who commits the act defined in the precedent Section 5 in taking a thing that is entrusted to him by another person shall be guilty of a crime, called Fraud, and liable to the same punishment as is prescribed by the preceding section.

Section 7. If two or more persons agree to commit any crime defined in this Act, but the intended crime shall not be committed, each of these persons shall be guilty of a crime, called Conspiracy, and liable to the same punishment that is prescribed by this Act for the crime they have agreed to commit.

ARTICLE FIVE. Importation, Sale, Distribution, or Transfer of Dangerous or Controlled Substances.

Section 1. Any person who shall import, sell, possess, distribute, transfer, or possess a weapon or item capable of committing mass destruction via radiological, biological, or chemical means without permission from the Government shall be guilty of a crime called Distribution or Possession of a Weapon of Terror and shall be liable for a term of imprisonment of up to hard labor for life and subject to forfeiture of property.

Section 2. Any person who shall import, sell, possess, distribute, or transfer a controlled substance or drug with the exception of Marijuana and any drug which has been prescribed to that person by a medical professional shall be guilty of the offense of Distribution of a Controlled Substance. The Ministry of Justice may further set reasonable criteria to define how much of a substance may be designated as for personal use or is evidence of possession with intent to distribute. Any person found guilty of this offense shall be liable for a term of imprisonment of up to 10 years incarceration and subject to forfeiture of property related to the offense.

Section 3. Any person who shall possess a controlled substance as defined by law or Presidential order, or a drug with the exception of Marijuana or any drug which has been prescribed to that person by a medical professional shall be guilty of the offense of Possession of a Controlled Substance and shall be liable for a term of imprisonment of no more than 1 year. A Court may order a person found guilty of this offense into either inpatient or outpatient treatment in lieu of a sentence of incarceration, and may make successful completion of that program a condition to avoid a sentence of incarceration.

Section 4. Any person who shall intentionally contravene any established customs procedure or who shall disobey a lawful order from a customs official shall be guilty of the crime of smuggling and shall be subject to a term of imprisonment not to exceed 10 years, to a fine no greater than 10 times the value of any seized goods at issue, and to forfeiture of the relevant property.

ARTICLE SIX. Crimes of corruption.

Section 1. A public official, as defined by the laws of Alduria, or an arbitrator who receives, demands or promises to accept a bribe in connection with his or her duties, shall be punished by imprisonment for not more than five years or suspension of qualifications for not more than ten years.

Section 2. If a person who is to become a public official or an arbitrator receives, demands or promises to accept a bribe in response to a solicitation, in connection with the duty which he or she is to perform and he or she actually becomes a public official or arbitrator, imprisonment for not more than three years or suspension of qualifications for not more than seven years shall be imposed.

Section 3. A public official or an arbitrator who causes, demands or promises a bribe to be given to a third party on acceptance of an unjust solicitation in connection with his or her duties shall be punished by imprisonment for not more than five years or suspension of qualifications for not more than ten years.

Section 4. If a public official or an arbitrator takes an improper action after committing the offenses under the preceding three sections, imprisonment for a limited term of at least one year shall be imposed. Imprisonment with labor and fines may be imposed concurrently in cases of the preceding three sections. The goods or property gains acquired by a person committing an offense referred to in cases of the preceding three sections or knowingly acquired by a third party by means of such offense shall be confiscated or additionally collected.

Section 6. If a public official or an arbitrator receives, demands or promises to receive a bribe, or causes, demands or promises a bribe to be given to a third party, after taking an improper action in the course of performing his or her duties, the punishment(s) specified in the preceding section shall be imposed.

Section 7. If a person who was a public official or an arbitrator receives a bribe or demands or agrees to receive a bribe after taking an improper action in the course of performing his or her duties on acceptance of a solicitation made during his or her incumbency, imprisonment for not more than five years or suspension of qualifications for not more than ten years shall be imposed.

Section 8. In the case of the preceding three sections, suspension of qualifications for not more than ten years may concurrently be imposed.

Section 9. A public official who, by taking advantage of his or her post, receives, demands or agrees to receive a bribe concerning the use of the good offices in connection with the affairs which belong to the functions of another public official, shall be punished by imprisonment for not more than three years or suspension of qualifications for not more than seven years. Imprisonment with labor and fines may be imposed concurrently. The goods or property gains acquired by a person committing an offense referred to in this section or knowingly acquired by a third party by means of such offense shall be confiscated or additionally collected.

Section 10. A person who promises, delivers, or manifests a will to deliver a bribe shall be punished by imprisonment for not more than five years or by a fine not exceeding twenty million ecu. Imprisonment with labor and fines may be imposed concurrently.

Section 11. The preceding section shall apply to a person who, for the purpose of committing the crime specified in the preceding section, delivers money or goods to a third party, or receives such delivery with the knowledge of its nature.

Section 12. A bribe received or money or goods to be received as a bribe by an offender or by a third party having knowledge of its nature shall be confiscated, or, if confiscation is impossible, the value thereof shall be collected.

Section 13. Any person who has divulged confidential information learned in performing his or her duties of preventing corruption shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding fifty million ecu.

Section 14. Any public official who uses confidential information learned in the course of their duties to enrich their personal, family, or business finances shall be subject to a term of imprisonment with labor for no more than eight years and a fine of up to fifty million ecu. This Section shall apply to any businesses in which that official holds stock or ownership.

Section 15.  Any public official who fails to disclose potential conflicts of interest concerning their public duties and their financial interests to their relevant Inspector-General shall be liable of a term of imprisonment not to exceed one year and a fine up to one million ecus. 

ARTICLE SEVEN. Commencement.
This law and all the provisions therein shall come into force upon approval in accordance with the Constitution.   

[Alejandro Campos]

Having been approved by Parliament, I hereby sign into law and consent to the
B-008: Criminal Code,