Aldrikian Judicial Reform Bill of 369 ES

[Kingdom of Hanseti-Ruska 3325]

JURASZ VE KOENGZ DUMA

 

Aldrikian Judicial Reform Bill of 369 ES

Introduced in the Duma.

 

An act to establish a pre-trial motion to dismiss charges against a defendant and the procedure to follow when issuing a motion, as well as pre-trial settlements, and warrants for Royal Detectives.

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INTRODUCTION

Should a subject of Haense feel that the charges against them are illegitimate and do not warrant the time and energy associated with a trial, they may seek to have the charges dropped before going to trial. This bill establishes the motion to dismiss and the procedure that one must follow when submitting one to the Aulic Court. In addition, this bill establishes the procedure of settlements, where a case may be negotiated to a close before the trial, and warrants, where a Royal Detective may compel someone to allow a search of their property.

 

I. Necessary Definitions

• Dismissal: when all the charges laid against a defendant are dropped before a trial.
• Defendant: a subject that has been accused of committing crimes in the Kingdom of Hanseti-Ruska.
• Plaintiff: a subject that has been summoned to a civil trial for alleged damages.
• Settlement: an agreement between two parties to resolve a case before going to trial.
• Warrant: a temporary license issued by the Aulic Court to perform a specific act

 

II. Amendments

• The Haurul Caezk shall be amended to create the following new subsection:

 

303.04: Motion to Dismiss:

303.041: If a defendant in a criminal trial or plaintiff in a civil trial seeks to have the summons against them dismissed, they may issue a motion to dismiss to the Aulic Court.

303.042: Motions to dismiss must clearly state why the defendant or plaintiff believes the summons should be dismissed.

303.043: Motions to dismiss must be made available to opposing counsel. In a civil trial, this means the other plaintiffs in the case. In a criminal trial, this means the Lord Justiciar and/or the Royal Jurist prosecuting the case.

303.044: The three Jovenaar that shall handle the trial will then either approve or reject the motion to dismiss. If the motion is granted, the summons will be dismissed and there will be no trial. Otherwise, the trial will continue as planned.

 

304.05: Settlements:

304.051: To avoid a trial, the two plaintiffs in a civil trial OR the prosecution and defense in a criminal trial may negotiate an agreed settlement.

304.052: The settlement will be legally binding and must be fulfilled. If either party fails to uphold the settlement, the original charges will be re-established and the offender will be automatically found guilty.

 

313: Warrants

313.01: Warrant to Search Property:

313.011: If an agent of the Crown deems it necessary to enter a private or government owned property to investigate a crime, they may petition any Jovenaar for a warrant.

313.012: The High Justiciar and/or Royal Jurist must provide their reasons for the warrant when they apply for one. The Jovenaar will then decide whether the given reasons justify the issuing of a warrant.

313.013: A warrant to search property will be reinforced by the law and cannot be refused. Refusing to allow an agent of the Crown to search a property with a warrant shall be the crime of obstruction of justice.

313.014: A Royal Detective or soldier of the HRA may enter a property without a warrant if they feel there is probable cause to do so.

313.015: Probable cause shall be defined as hearing shouting, screaming, any signs of a struggle, or any sign that the lives of any Haeseni subject may be at risk.

 

419.07: The crime of refusing the execution of a warrant shall be a middling offence.

 

Introduced in Duma by Aldrik Baruch, J.V.  on the 6th of Wsuvar & Byvca

Co-sponsored by Duke Ruslan Baruch of Valwyck

Co-sponsored by Grand Maer Franz Barbanov of Karosgrad

  

IV JOVEO MAAN,

IV JOVEO EHR,

 

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