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    (P(I)) Criminal Offense and Prosecutor-General Operational Resolution

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    Kaevi
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    (P(I)) Criminal Offense and Prosecutor-General Operational Resolution

    Post by Kaevi on Wed Apr 15, 2015 7:44 am

    Criminal Offense and Prosecutor-General Operational Resolution
    Authored by Kaevi

    Section I - Definitions and Information
    Art. 1.0 - Defines “criminal” as any citizen, organization, nation, or alliance convicted by the Esamir Court of Justice or a jury of a crime against the laws of the United Nations of Esamir.
    Art. 1.1 - Defines “citizen” as any human being residing within a nation of the United Nations of Esamir.
    Art. 1.2 - Defines “organization” as a grouping of citizens not functioning as a nation.
    Art. 1.3 - Defines “nation” as a sovereign government with the capacity to govern its people of at least one month in age in the Esamir Calendar.
    Art. 1.4 - Defines “alliance” as a grouping of nations working in general cooperation.
    Art. 1.5 - Defines “penalty” as any action permitted by law as punishment for breaking a regional law.
    Art. 1.6 - Defines “entity” as one or more of any of the groups above.
    Art. 1.7 - Defines “weapons of mass destruction” as any device designed to inflict significant damage on technology, structures, organisms, and/or the environment.
    Art. 1.8 - Defines “torture” as the purposeful harming of the physical or mental state of a citizen.
    Art. 1.9 - If any of these offenses are broken, the Esamir Court of Justice may impose any of the penalties listed under Section II of the Criminal Penalty and Jury Process Operational Resolution or any successor law(s) that list penalties.

    Section II - Offenses Against the Esamir Government

    Art. 2.0 - No entity may detonate weapons of mass destruction within the boundaries of any territory directly controlled by the United Nations of Esamir government without consent of the Esamir Security Council.
    Art 2.1 - Those convicted by the Esamir Court of Justice of any crime may make no attempt to evade punishment.
    Art 2.2 - Criminals serving their their sentence in an Esamir-controlled prison may not attempt to escape the facility.

    Section III - Offenses of War
    Art. 3.0 - No entity may purposefully attack and/or kill non-combatant civilians.
    Art. 3.1 - No entity may purposefully attack public works designed for civilian benefit. Such works include, but are not limited to: hospitals, residential housing complexes, institutions of public education, refugee camps, municipal power plants that have no viable military purpose or benefit, and water treatment facilities.
    Art. 3.2 - No entity may mutilate deceased combatants.
    Art. 3.3 - Those under 18 years of age may not be used in direct combat roles. Also, they may not be used in any mission that terminates in the suicide or those involved.
    Art. 3.4 - No ethnic, religious, or non-political social groups may be specifically targeted for attack.
    Art. 3.5 - No entity may purposefully poison or contaminate the atmosphere, water sources, or agricultural lands.
    Art. 3.6 - Citizens who are pregnant may not be forced or allowed to serve in active combat.
    Art. 3.7 - Prisoners of war may not be physically or psychologically tortured.

    Section IV - Offenses of Trade
    Art. 4.0 - Affirms that the Esamir Security Council has the authority to impose trade bans with nations and alliances for up to 180 days at a time.
    Art. 4.1 - If a trade ban is imposed, no entity may conduct trade with the nation or alliance in question.
    Art. 4.2 - The destruction or capturing of merchant vessels carrying no weapons capable of being used in combat shall not be permissible.
    Art. 4.3 - No entity may attempt to purposely destroy the value of a representative currency by flooding the market with the material to which the currency represents in times of peace.

    Section V - Prosecutor-General
    Art. 5.0 - Calls upon the Esamir General Assembly to elect a Prosecutor-General, as described in the Charter.
    Art. 5.1 - The Prosecutor-General may serve indefinitely, or until the Esamir General Assembly orders the resignation of the nation holding the role or chooses a new new nation to hold the role.
    Art. 5.2 - The Prosecutor-General must bring cases to the Court if no entity does so when a regional law is broken. The Prosecutor-General must defend all regional laws and seek penalty for those who have broken a law.


    Last edited by Kaevi on Wed Apr 15, 2015 9:50 am; edited 1 time in total
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    Re: (P(I)) Criminal Offense and Prosecutor-General Operational Resolution

    Post by Kaevi on Wed Apr 15, 2015 7:45 am

    The debate period shall now commence, ending on April 19, 2015, at 00:00 UTC. Votes cast during this time will not be counted and are discouraged. The debate period may be extended with a 4/5 majority from the debating nations. The author of this proposal may request an end to the debate at any time. All nations are encouraged to participate in the debate, but new nations may vote after a residence of one week.

    The voting period will begin immediately following the expiration of the debate period.
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    Re: (P(I)) Criminal Offense and Prosecutor-General Operational Resolution

    Post by Eurasia on Wed Apr 15, 2015 8:13 am

    We have an inquiry relating to Section IV, Article 4.1: What consequences would be in place should a nation refuse to obey the trade ban? And would it be administered by the Court of Justice.
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    Re: (P(I)) Criminal Offense and Prosecutor-General Operational Resolution

    Post by Kaevi on Wed Apr 15, 2015 9:15 am

    Europe and Asia wrote:We have an inquiry relating to Section IV, Article 4.1: What consequences would be in place should a nation refuse to obey the trade ban? And would it be administered by the Court of Justice.

    The Court of Justice could impose any penalty expressed in Section II of the Criminal Penalty and Jury Process Operational Resolution. Would it be best to include this in the resolution?
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    Re: (P(I)) Criminal Offense and Prosecutor-General Operational Resolution

    Post by Eurasia on Wed Apr 15, 2015 9:38 am

    Kaevi wrote:
    Europe and Asia wrote:We have an inquiry relating to Section IV, Article 4.1: What consequences would be in place should a nation refuse to obey the trade ban? And would it be administered by the Court of Justice.

    The Court of Justice could impose any penalty expressed in Section II of the Criminal Penalty and Jury Process Operational Resolution. Would it be best to include this in the resolution?

    We feel it would help ease understanding.
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    Re: (P(I)) Criminal Offense and Prosecutor-General Operational Resolution

    Post by Kaevi on Wed Apr 15, 2015 9:50 am

    Europe and Asia wrote:We feel it would help ease understanding.

    Implemented as Art. 1.9.
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    Re: (P(I)) Criminal Offense and Prosecutor-General Operational Resolution

    Post by Kaevi on Thu Apr 16, 2015 2:23 pm

    The debate period will be terminated if there are no other questions.
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    Re: (P(I)) Criminal Offense and Prosecutor-General Operational Resolution

    Post by Eurasia on Fri Apr 17, 2015 5:29 am

    Eurasia has no further questions at this time.
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    Voting Period

    Post by Kaevi on Fri Apr 17, 2015 7:39 am

    The Speaker has decided to end the debate period. The voting period shall now begin, ending on April 20, 2015, at 00:00 UTC. Nations may cast a vote in favor, abstention, or against. Votes of abstention will be counted as voted in favor. Nations who have resided in the region for at least one week may vote. The result will be decided via simple majority of total votes cast.
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    Re: (P(I)) Criminal Offense and Prosecutor-General Operational Resolution

    Post by Kaevi on Fri Apr 17, 2015 7:41 am

    FOR
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    Re: (P(I)) Criminal Offense and Prosecutor-General Operational Resolution

    Post by Eurasia on Fri Apr 17, 2015 7:42 am

    In FAVOR.
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    Re: (P(I)) Criminal Offense and Prosecutor-General Operational Resolution

    Post by Federation of Antanares on Fri Apr 17, 2015 8:51 am

    ABSTAIN
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    Re: (P(I)) Criminal Offense and Prosecutor-General Operational Resolution

    Post by Hunhewuguo on Fri Apr 17, 2015 9:24 am

    FOR
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    Re: (P(I)) Criminal Offense and Prosecutor-General Operational Resolution

    Post by Zackalantis on Mon Apr 20, 2015 1:50 am

    AGAINST
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    Final Results

    Post by Kaevi on Mon Apr 20, 2015 11:03 am

    The voting period has ended and the results are as follows:

    FOR (incl. ABSTAIN) - 4
    AGAINST - 1

    The "Criminal Offense and Prosecutor-General Operational Resolution" has been passed by the Esamir General Assembly. The Speaker thanks those who participated.

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