Criminal Procedure

Criminal Procedure Jun 24, 2023 15:19:17 GMT 1

Criminal Procedure

Section 1: Initiation of Criminal Proceedings

1.1 Filing Charges

Criminal petitions must be formally filed as indictments with the Supreme Court.
The Court will review the indictments in a timely manner and either accept or reject them.
Rejected indictments may be resubmitted with necessary modifications addressing the reasons for rejection.

1.2 Appointment of Judicial Officers

Upon accepting an indictment, the Chief Justice will appoint a Moderating Justice and a Standby Hearing Officer.
The Moderating Justice will oversee the trial proceedings, while the Standby Hearing Officer will be prepared to step in if the Moderating Justice becomes unable to perform their duties.

Section 2: Criminal Trial Procedure

2.1 Notification and Plea Submission

Once an indictment is accepted, the Moderating Justice will promptly notify the Defendant of the charges.
The Defendant will have a specified period to enter a plea and indicate their choice of legal representation.
If no plea is submitted within the designated timeframe, a plea of Not Guilty will be entered on behalf of the Defendant.
If the Defendant fails to select legal representation, the Court will appoint an attorney to represent them.

2.2 Presentation of Evidence

Both the Defense and the Prosecution will have the opportunity to present evidence supporting their respective cases.
Objections to evidence presented by the opposing party may be raised, and the Moderating Justice will rule on their admissibility.
Motions and requests related to the evidence may be made by either party during this stage.

2.3 Argumentation

Following the presentation of evidence, both the Defense and the Prosecution will have an allocated time to present their arguments.
They may also respond to the arguments made by the opposing party, addressing both the evidence and the applicable laws.

2.4 Deliberation and Verdict

After the argumentation stage, the Court, comprising the Associate Justices and the Chief Justice, will engage in deliberations.
The Court will discuss the evidence, arguments, and relevant legal principles to reach a verdict.
The Court will strive to reach a verdict within a reasonable timeframe, aiming to render a decision within a maximum of five days.

2.5 Sentencing

In the event of a guilty verdict, both the Prosecution and the Defense will have an opportunity to make recommendations for sentencing.
The Court, led by the Moderating Justice, will ultimately determine the appropriate sentence.
The Moderating Justice will ensure that the Defendant and relevant government officials are promptly notified of the sentencing decision.

Section 3: Rules of Evidence

3.1 Admissibility of Evidence

The Court may order the preservation of evidence upon the filing of an indictment.
Documentary evidence and witness testimony will be accepted as valid submissions.
Objections to the admissibility of evidence may be raised by either the Defense or the Prosecution, and the Moderating Justice will make rulings based on Court Rules and legal principles.

3.2 Authentication of Evidence

Documentary evidence, including forum posts, chat logs, and screenshots, must be authenticated according to established criteria.
Authentication may be achieved through witness testimony or by providing direct links to the original sources for verification.
Witness testimony is always an acceptable method of authentication.
The Moderating Justice may, under appropriate circumstances, waive authentication requirements for specific evidence pieces.

Section 4: Procedural Considerations

4.1 Fair Trial

The Moderating Justice will ensure a fair trial by maintaining a reasonable timetable, considering the rights of both the Defendant and the parties involved.
The Moderating Justice may adjust the trial schedule as necessary to ensure justice is served.

4.2 Legal Counsel and Self-Representation

The Defendant has the right to choose legal representation or to represent themselves.
At any point during the trial, the Defendant may replace their legal counsel or decide to represent themselves.

4.3 Completion of Trial Documents and Processes

The Moderating Justice will ensure that all necessary court documents and processes are provided and completed by all parties before concluding the trial.
If any party fails to provide complete evidence or neglects a required step in the trial process, the Moderating Justice may extend the trial to allow sufficient time for completion.