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RZ4 - The Habeas Corpus Enforcement Act

Published in Clark #0

40RZ4 - The Habeas Corpus Enforcement Act

WHEREAS The "right to a speedy trial" is guaranteed to all Talossan citizens under the Ninth Covenant of Rights and Freedoms; and



WHEREAS This right is not further clarified, nor in any way defined; and



WHEREAS the lack of explanation and definition of such an important right may cause that right to be subsequently denied the accused, with or without the intent of said right being denied; and



WHEREAS such an important right must be clear and concise in order to ensure the proper enforcement thereof; now



THEREFORE

In the interest of providing the accused with the rights granted to him by the ninth Covenant of Rights and Freedoms, the following rights shall be considered to be inalienable and shall be afforded to all citizens in civilian trials:

1. The accused must be informed of the charges against him by the Crown within seven days of said charges being accepted by any national or provincial cort.
   
   
2. Such notification must be submitted to the accused in writing, by either an electronic medium such as email, a typed letter, or by a handwritten letter. A copy of every such notice shall be archived in the Royal Archives by the Royal Archivist immediately after he receives a copy of said notice. If the notice is given in the form of a hand-written letter, the Royal Archivist shall make a copy of the letter in an electronic format, such that it may be added to the Royal Archives.
   
   
3. The Crown shall have up to 90 days from the time of notification of the accused in which to prepare its case. If a case is not prepared by the Crown within the allotted time, a mistrial shall be declared and the charge or charges against the accused shall be rendered null and void.
   
   
4. If a case is not prepared within the 90 days limit then the prosecution may request up to an additional 30 days to prepare its case, which shall be granted or denied by the justice assigned to the case. This section takes precedence over section [c]
   
   
5. The decision shall be based on the legitimacy of reasons given by the Crown, in the interests of justice, equality, and neutrality.
   
   
6. If a case is declared null and void then final jeopardy shall apply unless the prosecution is able to provide new evidence against the accused with which to build a case. If a new case is tried then the old evidence may not be used or taken into consideration. A new case must meet the same statute of limitations as described previously.

Noi urent q'estadra sa:

Flip Molinar (MC-FGP)

Eovart Grischun (MC-PP, FGP)

Xhorxh Asmour (MC-ZPT)

40th Cosâ, Clark #0 results		Amendment?	Ziu	Cosâ				Senäts
Bill	Title		Result	Për	Contrâ	Abstain	Result	Për	Contrâ	Abstain	Result
RZ4	The Habeas Corpus Enforcement Act	No (double majority needed)	Fail	0	0	0	Fail	0	0	0	Fail