SimDemocracy Archives:Criminal Code 2020/Criminal Code (Amendment) Act

Criminal Code (Amendment) Act

An Act to update provisions in the Criminal Code 2020.

Preamble

Whereas It is expedient to make certain changes to the Criminal Code;

The Senate of SimDemocracy Proclaims:

Section 1: Amendments

§1. The Criminal Code is amended by –

§1.1. Replacing Article 21 with:

 Article 21: Contempt 
 Subdivision 1: Contempt of Court  
 Subsection 1: Definition 
§1. A person who intentionally disobeys a lawful judgement or order of a court, or breaches any undertaking or legal obligation to a court, or acts in a manner that disrupts judicial proceedings or prejudices the administration of justice, commits contempt of court.  
§2. This Article does not affect the inherent power of a court to cause a person to be removed from the court, or the coercive power of the court to detain a person in custody until the person complies with the court’s order or direction for a period not exceeding one (1) month.

 Subsection 2: Proceedings when contempt is in the face of court 
§1. When it appears to a Court that a party has committed contempt in the face of the Court, and the Court is satisfied that immediate steps are necessary for the protection of the fair hearing or the administration of justice, the Court may cause the party to be removed from the Courtroom and to be arrested, and must as soon as is practicable –  
  (a) Inform the person of the contempt for which they are charged;  
  (b) Afford the party the opportunity to make a defense against the charges, while taking any evidence as may be necessary, unless the party is put in contempt due to their nonparticipation in a court hearing or other such reason; and,  
  (c) Determine guilt and make the necessary orders as to sentencing or release.  
 §1.1. The consent of the Attorney-General is not required for charging a person with contempt in the face of the court.  
§2. Summary proceedings where the contempt is in the face of the court shall be limited to a sentence of a mute of up to one (1) week and a fine no more than the biweekly salary of the President of SimDemocracy.

 Subsection 3: Indirect Contempt of Court 
§1. When Contempt of Court is not committed in the face of the Court, the Court may refer the case to the Department of Justice for prosecution.
§2. If the Department of Justice declines to prosecute the contempt, the Court is empowered to appoint an attorney who is willing to prosecute the contempt, to then do so.  
§3. The consent of the Attorney-General is not required for cases in §2.  
§4. The sentence for Indirect Contempt of Court shall be a fine of up to 2500t and a mute of up to one (1) month.

 Subdivision 2: Contempt of Senate 
§1. Contempt of the Senate is the serious disruption of the legislative proceedings of the Senate, or the disobedience towards any lawfully issued subpoena or other such order from the Senate.  
§2. This Article does not affect the inherent power of the Senate to cause a person to be removed from the Senate.  
§3. The Senate may, through a vote of the Senate or any relevant committee, refer a case of Contempt of Senate to the Department of Justice for prosecution.  
§4. If the Department of Justice declines to prosecute the contempt, the Speaker or respective Chairperson is empowered to appoint an attorney who is willing to prosecute the contempt, to then do so.  
§5. The consent of the Attorney-General is not required for cases in §2.  
§6. The sentence for Contempt of Senate shall be a fine of up to 2500t and a mute or coercive punishment of up to one (1) month.

§1.2. Replacing Article 26 with:

 Article 26: Wrongful Detainment 
§1. A person commits Wrongful Detainment if they arrest or detain a person without the legal authority to do so, or do not release a person within a reasonable time when an order has been issued for their release.  
§2. The punishment for Wrongful Detainment shall be a mute or ban of up to three (3) months.  

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Main Sponsor, Senator Hmquestionable