Criminal Code Act, 2023

Criminal Code Act, 2023
Parliament of Great Britain and Ireland
An Act establishing a new Criminal Code for the Empire of Great Britain.
Citation	Original Text
Enacted by	House of Lords
Date enacted	11 January, 2023
Enacted by	House of Commons
Date enacted	14 January, 2023
Date of Royal Assent	16 January, 2023
Signed by	HM Queen Elizabeth III
Introduced by	Sir Elio Somerset MP (BRP)
Amends
None
Repealing legislation
The Criminal Code Act 2021
Status: In force

Amendment Keys

Colour #1C8007 refers to amendments brought into force by Judicial Reform Amendments Act, 2023.

Content of the Act

Article I || Titles

1.00 || This Act may be cited and referred to in short as the Criminal Code Act 2022.

1.01 || This Act may be referred to in full as An Act establishing a new Criminal Code for the Empire of Great Britain.

Article II || Definitions

2.00 || Judicial Authority - The Royal Courts of Justice Supreme Court, or other Judicial Authority as provided by The Judiciary Act 2.01 || Fair treatment, abiding by all rules, procedures, and Rights. 2.02 || Cruel and Unusual Punishment - punishments considered unacceptable due to suffering or humiliation inflicted upon the individual, or punishments grossly disproportionate to the Crime committed. 2.03 || Actus Reus - Guilty Act. The action or conduct which is the constituent element of a crime. 2.04 || Mens Rea - Guilty Mind. The state of mind required in order to convict an individual of a crime. 2.05 || Reasonable Person - A hypothetical person in society who exercises average care, skill, and judgement in conduct and who serves as a comparative standard for determining liability. The decision whether an accused is guilty of a given offense might involve the application of an objective test in which the conduct of the accused is compared to that of a reasonable person under similar circumstances. In most cases, persons with greater than average skills, or with special duties to society, are held to a higher standard of care. For example, a Barrister with an advanced knowledge of the law is held to a higher standard than an ordinary person. 2.06 || Reasonable Doubt - any reason to doubt anything that the prosecution is trying to prove in its case. 2.07 || Public Office - any office, position, responsibility, authority, or trust within the Government, Judiciary, Parliament, Royal Household, or Forum Administration. 2.08 || In Camera - A hearing or presentation of evidence taking place privately, without media, public, or any other viewership that the Judicial Authority may dictate.

Article III || Establishment and Purpose

3.00 || The purpose of this Act is to establish a new Criminal Code for the Empire, restructuring the system that was in place under the Criminal Code Act of 2021.

3.01 || This Act defines actions that shall be considered Criminal Acts, the severity of said acts, and the range of potential punishments that they merit. The Supreme Court Royal Courts of Justice, or other Judicial Authority as provided by The Judiciary Act, shall determine the exact consequences generated by the committees act(s).

3.02 || Other Acts may establish additional provisions of Criminal Law, but no clause pertaining to Criminal Law may contradict this Code, unless it specifically amends this Code.

Article IV || Rights and Process Clarifications

4.00 || All Citizens shall always have the right to equal justice under the law. This shall include, but not be limited to: 4.00a || The right to not be held to account for any Criminal Act without Due Process being followed. 4.00b || The right to a speedy and public trial, unless specific circumstances contained herein warrant that it be held in camera. 4.00c || The right to legal counsel in all Judicial proceedings. 4.00d || The right to be informed of the nature of the accusations against them. 4.00e || The right to be informed off, and cross-examine, witnesses against them, unless specific circumstances contained herein warrant that witnesses be questioned in camera 4.00f || The right to not self-incriminate. 4.00g || The right to be protected against Cruel and Unusual Punishment. 4.00h || The right to not be tried twice for the same offence(s), notwithstanding any appeal(s). 4.00i || The right to appeal any conviction, following any process and qualifications for doing so that may be enforced.

4.01 || The Prosecution for an Criminal Offence must prove - unless specified otherwise - that the individual committed a Criminal Act with both Actus Reus and Mens Rea, for the individual to be found Guilty. 4.01a || Actus Reus can consist of: Conduct, Result, A State of Affairs, or An Omission. 4.01a I || Conduct crimes are where the conduct itself is criminal. 4.01a II || Result crimes are where the conduct itself may not be criminal, but the result of the conduct is. 4.01a III || State of Affairs crimes consist of a state of ‘being’ rather than ‘doing’. 4.01a IV || Omission crimes result where there is either a Statutory or Contractual duty to Act, or a Duty to Act imposed by Law, and an individual does not. Outside of these specific circumstances, there is no liability more generally for a failure to act.

4.01b || Mens Rea can consist of: Direct Intent, Oblique Intent, Recklessness, or Negligence. 4.01b I || Direct Intent is where an individual embarks upon a course of conduct with the intention of bringing about a result, and the result occurs. 4.01b II || Oblique Intent is where an individual embarks upon a course of conduct with the intention of bringing about a result, but also knowing that the consequences of their actions will also bring about another result. 4.01b III || Recklessness is where an individual takes an unjustified risk, as assessed by the Abelman Test, which provides that a person is Reckless where: A. They commit an act, or omission, which creates an obvious risk - that which is obvious to a reasonable person, and; B. When they commit the act or omission they either have not given any thought to the possibility of there being any such risk, or has recognised that there was some risk involved and has nonetheless proceeded with the act or omission. 4.01b IV || Negligence is where the individual commits, through act or omission, a breach of a duty of care that results in damage.

4.01c || Each Crime contained within this Act will set out the Actus Reus and Mens Rea tests for the purposes of proving Guilt.

4.02 || The Judicial Authority may, at its discretion, combine punishments for multiple offences committed.

4.03 || The Judicial Authority may, at its discretion, suspend - in whole or in part - the imposition of a punishment. When ordering a suspended punishment, the Authority shall be required to stipulate the punishment or portion thereof to be suspended, the conditions of said suspension, and any timeframe during which said conditions may apply. Once a suspension order is entered, any citizen may petition the Judicial Authority to enforce the suspended punishment if they believe the conditions for imposition have been reached. Such a petition must show by preponderance of evidence the conditions met under the suspension order.

4.04 || The Judicial Authority may rule, in cases where public release of evidence would compromise the anonymity, health, or wellbeing of a Victim, require that evidence be presented in private. This shall not be considered an infringement of the aforementioned right of individuals to be informed of, and cross-examine, witnesses against them.

4.05 || Unless otherwise stated, elements of Criminal Acts must be proven beyond a reasonable doubt.

4.06 || In the event that, during a Criminal Prosecution, the defendant(s) either leave the Region or fail to engage in the process (either by not representing themselves or not appointing, or refusing, representation), the Judicial Authority may decide to try the Case in absentia. If a case is tried in absentia, the defendant shall not be presumed to be automatically guilty, and their guilt must still be proven.

Article V || General Rules Of Criminal Punishments

5.00 || Each individual crime will have a range of potential punishments that may be issued by the Judicial Authority upon an individual being found Guilty of the Crime.

5.01 || No Crimes, unless stated specifically, will be subject to a minimum punishment. Aside from any stated Maximum punishments in this Act, which are absolute unless stated otherwise, all punishments are subject to the discretion of the Judicial Authority.

5.02 || In the event of a sentence of probation or post moderation being imposed, the commission of further crimes during that sentence will result in the number of days remaining in the sentence being multiplied by three (in the case of probation) or five (in the case of moderation) and added to the point value of the new sentence under the charge of "failure to uphold conditions of monitoring." The additional points must be served by either exclusion (in either case) or post moderation (only in cases of probation).

5.03 || In the event of multiple timed punishments being imposed, those punishments shall be served in the following order: 5.03a || Sentences of exclusion are served first, followed by post moderation and bans on holding public office, followed by standard probations. 5.03b || Any ban from holding public office due to a sentence of removal from public office shall be served before any additional ban from holding the same.

5.04 || The punishment of Permanent Exclusion shall carry with it an automatic loss of citizenship and permanent banishment from all areas over which the Empire of Great Britain has jurisdiction.

5.05 || Where the Victim(s) of a crime, or the Attorney General on behalf of HM Governent, feel that a punishment handed down is too lenient, they may appeal to the Judicial Authority for a Sentencing Review, which must be conducted by an individual or individuals who did not preside over the original case. The Authority may decide to revise their punishment, or take no action. This decision cannot be appealed a second time, aside from where a defendant is appealing their conviction as a whole.

5.06 || The Judicial Authority has the discretion to assign multiple punishments from within the same Punishment Scale as appropriate to the Crime in question.

Article VI || Personal Crimes

6.00 || The crime of Defamation of Character is committed when a false statement is made, with the result of injuring a person’s reputation, exposing them to public hatred or ridicule, or injuring them in their profession. 6.00a || The Actus Reus of Defamation of Character can be Conduct, Result, and/or Omission. 6.00b || The Mens Rea of Defamation of Character can be Direct Intent or Negligence. 6.00c || Commonly used-terms of Slander and Libel also all under Defamation of Character. 6.00d || For a first offence of defamation, the maximum punishment shall be anything within Punishment Scale A. The maximum punishment for repeat offences will be Exclusion from the forum and discord for whatever period the Judicial Authority may find appropriate. 6.00e || Where Aggravating Circumstances are proven, even for a first offence, there shall be no Maximum Punishment, and the Judicial Authority shall have full discretion.

Article VII || Property Crimes

7.00 || The crime of Trespassing is committed when a person intentionally posts within an area reserved for a specific purpose, or from which the person has been excluded. 7.00a || The actus reus for Trespassing must be Conduct. 7.00b || The mens rea for Trespassing must be Direct Intent. 7.00c || A post made in a location in error shall be considered a defense to Trespassing. This only counts if the person has not been informed already that the area was off-limits. 7.00d || The maximum punishment for a first offence of Trespassing will be anything within Punishment Scale A. The maximum punishment for repeat offences is anything within Punishment Scale B. 7.00e || In the case of Trespassing in multiple areas at the same time, the Judicial Authority has the discretion to treat each instance of Trespassing as a separate count of the crime, and when sentencing can choose to stack punishments, concurrently or consecutively.

7.01 || The crime of Vandalism is committed when a person - without authorisation- commits any act which damages or destroys property, including, but not limited to: posts on the forum or discord, boards and sub-boards, profile information, or other materials. 7.01a || The actus reus of Vandalism may be Conduct, Result, or an Omission. 7.01b || The mens rea of Vandalism may be Direct or Oblique Intention, Recklessness, or Negligence. 7.01c || The maximum punishment for an offence is anything within Punishment Scale D. If it is proven that the Vandalism was the result of an Accident, the maximum punishment is anything within Punishment Scale C. 7.01d || If a repeated offence, or Aggravating Circumstances are proven, there is no Maximum Punishment and the Judicial Authority has full discretion.

Article VIII || Crimes Against the Empire

8.00 || The crime of Illicit Military Activity is committed when an individual operates or recruits for any private militia, regional military, or their functional equivalents, except for when that operation or recruitment is for the military of the Empire. 8.00a || The actus reus of Illicit Military Activity can be Conduct or Result. 8.00b || The mens rea of Illicit Military Activity can be Direct or Oblique Intention, or Recklessness. 8.00c || The maximum punishment for a first offence of Illicit Military Activity is anything within Punishment Scale C. The maximum punishment for a repeat offence is anything within Punishment Scale D.

8.01 || The crime of Poaching is committed when a person recruits or attempts to recruit a Citizen for another Region, Organisation, or Enterprise outside of the Empire of Great Britain. 8.01a || The actus reus of Poaching must be Conduct. 8.01b || The mens rea of Poaching can be Direct or Oblique Intention, or Recklessness. 8.01c || The maximum punishment for a first offence of Poaching is anything within Punishment Scale C. The maximum punishment for a repeat offence is anything within Punishment Scale D.

8.02 || The crime of Misuse of Citizen Information is committed when information restricted only to Citizens is passed to any non-Citizens, either within the Region or out with, without authorisation of the Government or Sovereign. 8.02a || The actus reus for Misuse of Citizen Information can be Conduct, Result, or Omission. 8.02b || The mens rea for Misuse of Citizen Information can be Direct or Oblique Intention, Recklessness, or Negligence. 8.02c || The maximum punishment for a first offence of Misuse of Citizen Information is anything within Punishment Scale B. The maximum punishment for a repeat offence is anything within Punishment Scale C.

8.03 || The crime of Impersonation is committed when one person impersonates another person, either within the Empire of Great Britain or other regions. In addition, both the impersonation of a Government Official and the assumption of a mantle of authority one is not authorised to possess are also punishable under the charge of Impersonation, and shall count as Aggravated Circumstances. 8.03a || The actus reus for Impersonation can be Conduct or State of Affairs. 8.03b || The mens rea for Impersonation can be Direct or Oblique Intention. 8.03c || The maximum punishment for a first offence of Impersonation is anything within Punishment Scale C. The maximum punishment any Aggravated first offence is anything within Punishment Scale D. There is no maximum punishment for repeat offences.

8.04 || The crime of Espionage is committed when information restricted only to certain individuals or members of the Government is passed to individuals not authorised to receive that information. 8.04a || The actus reus for Espionage can be Conduct, Result, or Omission. 8.04b || The mens rea for Espionage can be Direct or Oblique Intention, Recklessness, or Negligence. 8.04c || The maximum punishment for a first offence of Espionage is anything within Punishment Scale D. The maximum punishment for a repeat offence is anything within Punishment Scale E. 8.04d || Where it is proven that the disclosure was an Accident, and it is the first offence, the maximum punishment is anything within Punishment Scale C.

8.05 || The crime of Treason is committed when a person gives aid or comfort to the region’s enemies, participates in sabotage of the region, or participates in war against the region. 8.05a || The actus reus for Treason can be Conduct, Result, or Omission. 8.05b || The mens rea for Treason can be Direct or Oblique Intention, Recklessness, or Negligence. 8.05c || The minimum punishment for Treason is anything within Punishment Scale D. There is no maximum punishment.

Article IX || Fraud and Corruption

9.00 || The crime of Perjury is committed when a person makes a false statement in the course of any Judicial, Parliamentary, Royal, or Government proceeding (including Applications for Citizenship or other Positions). 9.00a || The actus reus for Perjury can be Conduct or Omission. 9.00b || The mens rea for Perjury can be Direct or Oblique Intention. 9.00c || The maximum punishment for a first offence of Perjury is anything within Punishment Scale C, as well as the removal of the benefit gained by the Perjury. The maximum punishment for repeat offences is anything within Punishment Scale D. 9.00d || If Perjury was proven in a Citizenship application, Citizenship will be automatically removed in addition to all other punishments the Judicial Authority may impose.

9.01 || The crime of Electoral Fraud is committed when an individual conducts or attempts to conduct fraudulent voting (voting multiple times, using illicit proxies, etc), purchases or attempts to purchase votes of other citizens with incentives, bribes, or threats, and/or otherwise interferes or attempts to interfere with the process of an Election. 9.01a || The actus reus for Electoral Fraud can be Conduct, Result, or Omission. 9.01b || The mens rea for Electoral Fraud can be Direct or Oblique Intention, Recklessness, or Negligence. 9.01c || The maximum punishment for Electoral Fraud is anything within Punishment Scale D. If Aggravated Circumstances are proven, there is no Maximum punishment.

9.02 || The crime of Extortion is committed when a person uses force, threat of harm to reputation, unfavourable government action, exposure of private information, or any other threat to demand a particular action. Attempts are treated the same as if the attempt was successful. 9.02a || The actus reus for Extortion must be Conduct. 9.02b || The mens rea for Extorton must be Direct Intention. 9.02c || The maximum punishment for a fist offence of Extortion can be anything within Punishment Scale D. If Aggravated Circumstances are proven, or there is a repeat offence, there is no Maximum punishment.

Article X || Contempt

10.00 || The crime of Contempt of Parliament is committed when an individual does not answer any legal summons by either House of Parliament or, having answered a summons, refuses to provide any meaningful and relevant information requested. 10.00a || The actus reus of Contempt of Parliament can be Conduct, Result, or Omission. 10.00b || The mens rea of Contempt of Parliament can be Direct or Oblique Intention, Recklessness, or Negligence. 10.00c || The maximum punishment for a first offence is anything within Punishment Scale B. Each further offence increases the maximum punishment by a Scale, with the maximum final Scale being D.

10.01 || The crime of Contempt of Court is committed when an individual impedes, prevents, obstructs, or interferes with, or attempts to do the same, the due exercise of rights or the performance of duties required under any order or judgement by the Supreme Court Royal Courts of Justice, or any Case or other Proceeding thereof. 10.01a || The actus reus of Contempt of Court can be Conduct, Result, or Omission. 10.01b || The mens rea of Contempt of Court can be Direct or Oblique Intention, Recklessness, or Negligence. 10.01c || The maximum punishment for a first offence is anything within Punishment Scale B. Each further offence increases the maximum punishment by a Scale, with the maximum final Scale being D.

10.02 || The crime of Obstruction of Justice is committed when a person undertakes any action or omission to obstruct, delay, or prevent the communication of information relating to, a violation or reasonable suspicion of a violation of any law of the Empire of Great Britain to the relevant authority, whether by bribery, deceit, fraud, threats, force, or any other means - or attempts to do the same. 10.02a || The actus reus of Obstruction of Justice can be Conduct, Result, or Omission. 10.02b || The mens rea of Obstruction of Justice can be Direct or Oblique Intention, Recklessness, or Negligence. 10.02c || The maximum punishment for a first offence is anything within Punishment Scale C. Each further offence increases the maximum punishment by a Scale, with the maximum final Scale being E.

Article XI || Conspiracy

11.00 || A person is a Conspirator in a crime if they enter into any agreement to commit a Criminal Act, or to obstruct knowledge of the conspiracy to commit said criminal act with at least one other party.

11.01 || A person is an accomplice to a crime if they assist in the commission of the crime by any means, whether by aiding, abetting, counselling, inciting, or procuring its commission.

11.02 || A person is an accessory to a crime if they assist in the commission of the crime by aiding, abetting, or concealing the main criminal actor.

11.03 || A person attempts to commit a crime if they take any active step towards the commission of that crime with the intention of bringing about that crime in full.

11.04 || A person may be convicted of the full crime and punished up to the same level as if they were the main criminal actor if they: 11.04a || Intentionally participated as a conspirator to commit that crime 11.04b || Intentionally as an accomplice or accessory of the crime 11.04c || Intentionally attempted to prevent the main criminal actor being brought to justice. 11.04d || Intentionally attempted to commit the crime unsuccessfully.

Article XII || Aggravating and Exculpatory Circumstances

12.00 || An Aggravating Circumstance is a factor that increases the severity or culpability of a Criminal Act, that can lead to a harsher penalty if the individual is convicted. The list of aggravating circumstances includes, but is not limited to: 12.00a || Committed whilst on probation or suspended sentence for other offences. 12.00b || Failure to respond to previous punishments. 12.00c || Motivated by, or demonstrating, hostility to the Victim(s) based on discriminatory factors. 12.00d || An intention to commit more serious harm than actually resulted from the offence. 12.00e || Commission of the crime for financial gain (where this is not inherent in the crime itself) 12.00f || An attempt to conceal or dispose of evidence 12.00g || Actual or attempted intimidation of Witnesses or Victims 12.00h || Abuse of a position of power, influence, or trust. 12.00i || Multiple Victims, or Victims who are particularly vulnerable

12.01 || An Exculpatory Circumstance is a factor that reduces the severity or culpability of a Criminal Act, that can lead to a lesser penalty if the individual is convicted. The list of Exculpatory Circumstances includes, but is not limited to: 12.01a || If the individual was provoked more than normally expected. 12.01b || The individual played only a minor role in the offence. 12.01c || The individual has expressed genuine remorse, and/or made a Guilty plea. 12.01d || Proactive co-operation with authorities. 12.01e || Acting under duress 12.01f || Committed the Act by mistake 12.01g || Committed the Act out of necessity 12.01h || Committed the Act under a mandate of the law (unless the Act(s) exceed the mandate granted)

Article XIII || Scale of Punishments

13.00 || Punishments fall into the following scale, in ascending order.

13.01 || Scale A: 13.01a || Public Apology 13.01b || Public Reprimand 13.01c || Warning 13.01d || Manual Recruitment for the region, up to 20 telegrams.

13.02 || Scale B: 13.02a || Manual Recruitment for the region, up to 50 telegrams 13.02b || Probationary Period, up to 14 days 13.03c || Moderation of forum and discord posts, up to 14 days

13.03 || Scale C: 13.03a || Probationary Period, up to 30 days 13.03b || Moderation of forum and discord posts, up to 30 days 13.03c || Removal from public office, which shall also count as a ban on holding public office for the remainder of the parliamentary term.

13.04 || Scale D: 13.04a || Unlimited Probationary Period 13.04b || Unlimited Moderation of forum and discord posts 13.04c || Exclusion from the forums and discord for up to 30 days. 13.04d || Temporary loss of Citizenship up to 30 days. 13.04e || A ban on holding public office for up to two parliamentary terms.

13.05 || Scale E: 13.05a || Indefinite exclusion from the forums and discord 13.05b || Permanent Loss of Citizenship 13.05c || Permanent Ban from the Empire.

Article XIV || Repeal

14.00 || This Act coming into force repeals The Criminal Code Act 2021.

Article XV || Ratification

15.00 || This Act shall come into effect upon passage by both Houses of Parliament with a simple majority and assent by the Sovereign or other authority as established under the Monarchy Act of 2021.