Treason in Radictistan: Difference between revisions
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Under [[Radictistan|Radictistani]] law there exists two forms of | Under [[Radictistan|Radictistani]] law there exists two forms of {{wp|Treason|treason}}. '''High Treason''' is defined as crimes against the Radictistani state such as attempts to overthrow the elected government or Grand Duke. '''Civil Treason''' by contrast is defined as crimes against the Radictistani people by subverting their civil liberties, in particular acts committed by public employees, [[Military of Radictistan|military]] and law enforcement personnel, and political leaders. There are multiple degrees of Civil Treason defined by statute punishing offenses which range from improperly rejecting voter registration petitions to conspiring to commit mass electoral fraud or the attempt by officeholders to subvert the [[Constitution of Radictistan|Constitution]]. | ||
==Offenses== | ==Offenses== | ||
===High Treason=== | ===High Treason=== | ||
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**incitement to mutiny of personnel of the Armed Forces, Ministry of Internal Affairs armed services, Royal Mint Police, and County police by persons outside those organizations. | **incitement to mutiny of personnel of the Armed Forces, Ministry of Internal Affairs armed services, Royal Mint Police, and County police by persons outside those organizations. | ||
**mutiny against lawful civil authority by personnel of Local police forces and incitement of the same. | **mutiny against lawful civil authority by personnel of Local police forces and incitement of the same. | ||
**assisting a foreign government with the unlawful removal of any person or persons from Radictistani territory. | |||
*Third Degree | *Third Degree | ||
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High Treason and Civil Treason of the First Degree are the only crimes existing under Radictistani law which can potentially carry the [[Capital punishment in Radictistan|death penalty]]. The death penalty may only be imposed when the overt act(s) upon which the conviction was based were committed during a time when Radictistan was in a "legal state of war," defined as beginning with the promulgation of a formal declaration of war against a foreign state and lasting until the the end of major hostilities. In normal circumstances those crimes carry a {{wp|Mandatory_sentencing|mandatory punishment}} of life in prison without possibility of parole. | High Treason and Civil Treason of the First Degree are the only crimes existing under Radictistani law which can potentially carry the [[Capital punishment in Radictistan|death penalty]]. The death penalty may only be imposed when the overt act(s) upon which the conviction was based were committed during a time when Radictistan was in a "legal state of war," defined as beginning with the promulgation of a formal declaration of war against a foreign state and lasting until the the end of major hostilities. In normal circumstances those crimes carry a {{wp|Mandatory_sentencing|mandatory punishment}} of life in prison without possibility of parole. | ||
Civil Treason of the Second Degree is punishable by up to 20 years imprisonment with a mandatory minimum of 10 years. Civil Treason of the Third Degree is punishable by up to 8 years imprisonment with a mandatory minimum of 1 year. High and Civil Treason are two of only a small number of crimes under Radictistani law which carry a mandatory minimum sentence. | Civil Treason of the Second Degree is punishable by up to 20 years imprisonment with a mandatory minimum of 10 years. Civil Treason of the Third Degree is punishable by up to 8 years imprisonment with a mandatory minimum of 1 year. High and Civil Treason are two of only a small number of crimes under Radictistani law which carry a mandatory minimum sentence. Persons convicted of the Second or Third Degree are ineligible for parole. | ||
In practice, persons under suspicion of Civil Treason of the First Degree or Second Degree often become the victims of {{wp|Extrajudicial_killing|extrajudicial killings}} believed to be carried out by the [[Directorate of Constitutional Protection (Radictistan)|Directorate of Constitutional Protection]]. | In practice, persons under suspicion of Civil Treason of the First Degree or Second Degree often become the victims of {{wp|Extrajudicial_killing|extrajudicial killings}} believed to be carried out by the [[Directorate of Constitutional Protection (Radictistan)|Directorate of Constitutional Protection]]. | ||
[[Category:Radictistani law]] | [[Category:Radictistani law]] | ||
Latest revision as of 04:08, 2 November 2020
Under Radictistani law there exists two forms of treason. High Treason is defined as crimes against the Radictistani state such as attempts to overthrow the elected government or Grand Duke. Civil Treason by contrast is defined as crimes against the Radictistani people by subverting their civil liberties, in particular acts committed by public employees, military and law enforcement personnel, and political leaders. There are multiple degrees of Civil Treason defined by statute punishing offenses which range from improperly rejecting voter registration petitions to conspiring to commit mass electoral fraud or the attempt by officeholders to subvert the Constitution.
Offenses
High Treason
The crime of High Treason is established by the Radictistani constitution which states:
High Treason shall consist only in levying war against the Grand Duchy of Radictistan, of attempting by violent methods to overthrow the organs of State or Crown or deny them their lawful authority, or of conspiring with others to do the same.
Civil Treason
Civil Treason is defined by the Civil Treason Act which establishes three Degrees.
- First Degree
- acting (as an elected or appointed official of the Government or Crown) towards the establishment of a nondemocratic and unconstitutional form of government in Radictistan.
- conspiring to unlawfully alter the outcome of a general election in a manner calculated to award a parliamentary majority.
- mutiny against lawful civil authority by personnel of the Armed Forces, Ministry of Internal Affairs armed services, Royal Mint Police, and County police.
- Second Degree
- conspiring to unlawfully alter the outcome of a general election in a manner not calculated to award a parliamentary majority, or conspiring to unlawfully alter the outcome of a by-election
- withholding information (by Government and Crown employees and offices) requested by the Prime Minister or Grand Duke, or by a relevant parliamentary committee, or knowingly and willfully providing false information to the same.
- commission, by an appointed official of the Government or Crown, of espionage against the House of Delegates, House of Peers, or a County Assembly.
- incitement to mutiny of personnel of the Armed Forces, Ministry of Internal Affairs armed services, Royal Mint Police, and County police by persons outside those organizations.
- mutiny against lawful civil authority by personnel of Local police forces and incitement of the same.
- assisting a foreign government with the unlawful removal of any person or persons from Radictistani territory.
- Third Degree
- Acts by employees of any national, county, and local government department to deprive inhabitants of Radictistan of their civil or political rights or infringe upon their exercise of the same.
Punishment
High Treason and Civil Treason of the First Degree are the only crimes existing under Radictistani law which can potentially carry the death penalty. The death penalty may only be imposed when the overt act(s) upon which the conviction was based were committed during a time when Radictistan was in a "legal state of war," defined as beginning with the promulgation of a formal declaration of war against a foreign state and lasting until the the end of major hostilities. In normal circumstances those crimes carry a mandatory punishment of life in prison without possibility of parole.
Civil Treason of the Second Degree is punishable by up to 20 years imprisonment with a mandatory minimum of 10 years. Civil Treason of the Third Degree is punishable by up to 8 years imprisonment with a mandatory minimum of 1 year. High and Civil Treason are two of only a small number of crimes under Radictistani law which carry a mandatory minimum sentence. Persons convicted of the Second or Third Degree are ineligible for parole.
In practice, persons under suspicion of Civil Treason of the First Degree or Second Degree often become the victims of extrajudicial killings believed to be carried out by the Directorate of Constitutional Protection.