Privilege Bill of 365 ES

[Rudi 1736]

JURASZ VE KOENGZ DUMA

 

 

Privilege Bill of 365 ES

Introduced in the Duma.

 

An act to establish the legal protection of privilege.

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INTRODUCTION

There are many cases in which a subject of Haense may expect to maintain secrecy of any information disclosed. These situations include when speaking to one’s private legal representation, when secret documents of the Royal Government are created, when one confesses to an ordained member of the clergy, etc. This bill seeks to establish circumstances under which a person may not disclose any information related to the subject at hand.

 

I. Necessary Definitions

• Privilege: the right to resist compulsory disclosure of information during a trial.
• Priest: any member of the clergy capable of hearing confession.
• Penitent: any non-excommunicated Canonist believer that partakes in the sacrament of confession.
• Attorney: anyone who serves as legal representation for another person.
• Client: anyone who hires legal representation for a trial.

 

II. Amendments

• The Haurul Caezk shall be modified to create the following new section:

 

312: Privilege

            312.01: Royal Prerogative:

312.011: When documents or subjects pertaining to the governance of the realm are relevant to the case at hand, and these matters are confidential for security purposes, this information may not be presented at trial.

312.012: Royal Prerogative can be waived by the King, if it is deemed that the matters may be made public and will not cause harm to the state.

            312.02: Priest-Penitent Privilege:

312.021: When a penitent confesses to committing a crime to a member of the clergy, that clergyman may not be called to testify in trial, and any testimony provided by the clergyman will be disregarded (following the clergyman’s immediate excommunication per Canon law.)

312.022: Priest-Penitent privilege may not be applied when a priest is the alleged victim of the accused criminal.

            312.03: Client-Attorney Privilege:

312.031: When a person accused of a crime discusses matters pertaining to that crime to their hired attorney, the attorney may not be called upon to testify against their client at trial.

312.032: Client-Attorney privilege may not be applied when an accused criminal’s lawyer is their alleged victim.

            312.04: Spousal Privilege:

312.041: When a person accused of a crime discusses matters pertaining to that crime to their spouse, the spouse may not be called upon to testify against the accused.

312.042: In the event of a dissolution of the marriage, spousal privilege may still apply if the statements pertaining to the crime were made while the two were still married.

312.043: Spousal privilege may not be applied when an accused criminal’s spouse is their alleged victim.

            312.05: Self-Incrimination:

312.051: When a person is accused of a crime and brought to trial, they may be called to testify in that trial, but they may choose not to answer any questions at no legal cost.

 

Introduced in Duma by Aldrik Baruch, J.V.  on Wsuvar & Byvca

 

IV JOVEO MAAN,

IV JOVEO EHR, 365 ES

 

His Royal Majesty, Heinrik II, by the Grace of Godan, King of Hanseti and Ruska, Grand Hetman of the Army, Prince of Bihar, Dules, Ulgaard, Lahy, Sorbesborg and Slesvik, Duke of Carnatia and Vidaus, Margrave of  Korstadt and Rothswald, Count of Chatnik, Nenzing, Graiswald, Karikhov, Baranya, Kvasz, Kavat, Karovia, Kovachgrad, Torun, Turov, Kaunas, Alban, Reza and Markev, Viscount of Grauspin, Baron of Thurant, Rytsburg, Venzia, Essenstadt, Krepost and Kralta, Lord of the Westfolk, Protector of the Highlanders, etcetera