Civil Cases Enforcement Commission (Makko Oko): Difference between revisions
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===Alternative Prosecution=== | ===Alternative Prosecution=== | ||
Alternative Prosecution is | Alternative Prosecution is when the CCEC approves a criminal case to be tried as a civil case through the ACEA as opposed to a criminal case which can carry prison time etc. Alternative prosecutions are by statute not to be handled by the CCEC, except as requested by the filing agency, meaning all the CCEC can do is approve the case for alternative prosecution. Unlike regular criminal cases, alternative prosecutions are not handled by case agents or the Ministry of Justice, and are instead handled by the agency of jurisdiction directly, or by the CCEC if necessary. In order to obtain an alternative prosecution authorization, an agency has to prove that it is in the government's best interest to pursue the case civilly as opposed to criminally, and the sign off of the Director of the Office of Prosecutions is required, waiving their right to try the individual criminally now and in the future for the alleged crimes. | ||
=== Alternative Enforcement === | === Alternative Enforcement === | ||
Latest revision as of 23:22, 12 August 2024
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| Agency overview | |
|---|---|
| Formed | 11 April 2027 |
| Type | Independent |
| Jurisdiction |  Makko Oko |
| Agency executives |
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| Website | ccec.gov.mk |
The Civil Cases Enforcement Commission, also referred to as the CCEC, is an independent government prosecution agency in the Empire of Makko Oko. It was established through the Alternative Criminal Enforcement Act as a way to reverse the precedent established by TCEEA v. Rodriguez back in 2025. The commission's role is to review and investigate criminal cases filed by agencies and determine if they can be tried civilly, and if they can, to assist the agency in any way with said case. In addition, the CCEC has a remit to investigate allegations by citizens of abuse of power and can reverse any ruling on civil cases that they deem to have been abused.
The CCEC is not a law enforcement agency, and notably, cannot adjudicate every criminal case. Only certain cases that meet the defined statutory criteria can be considered for what the CCEC labels "Alternative Prosecution".
History
Remit & Jurisdiction
It is the role of the commission to review and investigate criminal inquiries filed by government agencies that they wish to try in a civil court to determine if it is acceptable comparable to the crimes accused, if it is not financially damaging to the government and if there is a greater need for civil penalties as opposed to criminal penalties. The commission only has the authorization to review cases filed by national government agencies, with subordinate and administrative government agencies being able to submit cases for review to the CCEC if they submit themselves to their jurisdiction through statute only.
Alternative Prosecution
Alternative Prosecution is when the CCEC approves a criminal case to be tried as a civil case through the ACEA as opposed to a criminal case which can carry prison time etc. Alternative prosecutions are by statute not to be handled by the CCEC, except as requested by the filing agency, meaning all the CCEC can do is approve the case for alternative prosecution. Unlike regular criminal cases, alternative prosecutions are not handled by case agents or the Ministry of Justice, and are instead handled by the agency of jurisdiction directly, or by the CCEC if necessary. In order to obtain an alternative prosecution authorization, an agency has to prove that it is in the government's best interest to pursue the case civilly as opposed to criminally, and the sign off of the Director of the Office of Prosecutions is required, waiving their right to try the individual criminally now and in the future for the alleged crimes.
Alternative Enforcement
Alternative Enforcement is when the CCEC takes jurisdiction over an inquiry that was filed with them. Alternative Enforcement is the most common result that stems from cases filed, and it is where the CCEC becomes the judicial body that hears the case and rules on its result. Alternative Enforcement rulings can be appealed to the Appellate Court of Appeals by the accused. In order to be granted alternative enforcement in a civil case, the agency must be able to provide logical reasoning as to why it cannot be tried in the regular court system. Unlike Alternative Prosecution, Alternative Enforcement does not require the sign off of the Director of the Office of Prosecutions, and this is because the ACEA allows for a criminal indictment in addition to Alternative Enforcement at the Justice Minister's approval. Alternative Enforcement is more often granted because it has less burdens of proof than Alternative Prosecution. Alternative Enforcement, unlike Alternative Prosecution, does not guarantee the rights normally granted in criminal trials, and this is because Alternative Enforcement convictions are not listed on criminal records, Alternative Prosecution convictions however are.
Confidentiality and Disclosure
The commission operates under strict statutory non-disclosure provisions, and cannot disclose any information about individual cases. The commission can disclose the fact that a case has been approved and referred to the judicial system but will not release any information regarding cases in which no referral has been made or in respect of cases under review.
Responsibilities
Organization
Director of Civil Cases
The Director of Civil Cases is the executive and head of the agency, overseeing the duties and functions carried out by the agency, both constitutionally required and otherwise. Appointed directors are typically people with legal experience, rather as a lawyer, as a prosecutor, or even just working for the government in general. All officials of the CCEC are considered government employees, even though the CCEC is an independent agency from any ministry.
Powers of the Director
History
| Name | Start year | End year | Regime |
|---|---|---|---|
| Richard Mehta | April 11th, 2027 | Present | Conall Solis |
