Wrongful Imprisonment Act, 1794

[Office of the Registry 2323]

ACT OF THE IMPERIAL DIET

 

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WRONFUL IMPRISONMENT ACT, 1794

Enacted on the 6th of Harren’s Folly, 1794

Introduced in the Commons.

Passed in the 20th Imperial Diet.

 

COMMONS

AYE

Galbraith

Kelmenour

Elendil

Sarkozy

Elmpool

Pruvia

Dubois

 

NAY

Kovachev

 

ABSTAIN

 

ABSENT

Helvets

Karoly

de Langford

Halen

 

INTRODUCTION

 

With administrative duties of justice now being placed on state officials, it is important to provide a check of accountability to these authorities, in regards to imprisonment of those who may or may not be liable to crime. All subjects of the Holy Orenian Empire contain inherent liberties, and it is important to ensure that these liberties are not incorrectly restricted before a trial for crime takes place.

 

SECTION I:

Definitions

 

1. “Custody” will be referred to when a person has been restricted to physical detention in jail or prison of the Holy Orenian Empire by a member of law enforcement.

 

SECTION II:

On Amending the Orenian Revised Code

 

The following articles will hereby be added,

 

1. 210.11 - Unlawful Imprisonment Bill (1794)

   1. 210.110 - A petition for a writ of unlawful imprisonment can be filed by or on behalf of a person in custody to the Central Circuit Court to dispute the legal basis for confinement.

2. 210.111 - If the petition is accepted, the Central Circuit court will hold a hearing on the matter, where the person in custody and the Crown prosecution can both present evidence about a lawful basis for jailing the person. 

3. 210.1110 - The court may also issue and enforce subpoenas in order to obtain additional evidence.

4. 210.1111 - Whereas such hearings must follow procedure of the Legal Procedure Act and the Swift and Fair Justice Act.

5. 210.112 - This writ is not equivalent to a direct appeal of court, but instead simply allows the challenging of errors to prove a detention unlawful.

 

Introduced by Member of Commons, Franz Sarkozy, on This Owyn’s Flame, 1794

 

Issued and proclaimed,

Anne I, by the grace of GOD Holy Orenian Empress, forever August, Queen of Renatus, Curon, Salvus and Seventis, Defender of the Faith, Duchess of Adria, Novellen and Lorraine, Baroness of Renzfeld, Protector of the Heartlanders, Highlanders, and Farfolk, etcetera.

 

Joseph II, by the grace of GOD Holy Orenian Emperor, forever August, King of Renatus, Curon, Salvus, and Seventis, Defender of the Faith, Duke of Adria, Novellen and Lorraine, Baron of Renzfeld, Protector of the Heartlanders, Highlanders, and Farfolk, etcetera.