Sol Central Government Law: Difference between revisions

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(I ADDED LAWS FOR THE SOL CENTRAL GOVERNMENT MOSTLY STOLEN FROM BAY AND AWAITING CHANGE.)
 
m (Adds that the captain isn't above the law)
 
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'''Below lies the current Laws for the Sol Central Government. These are valid in all of its territories and on all Official Sol Gov Vessels.'''
'''Below lies the current Laws for the Sol Central Government. These are valid in all of its territories and on all Official Sol Gov Vessels.'''


 
One should note, however, that aboard a naval vessel, the Commanding Officer's word holds the most authority. They hold responsibility for both their ship and everyone aboard; they will be held responsible for their failings as well. The Commanding Officer ultimately answers to the law just as anyone else.
= Due Process Procedures =
= Due Process Procedures =
A search warrant is a document listing all persons and areas to be searched with the signature of the authority authorizing the search. An arrest warrant is a document listing the individual to be arrested and on what charges with the signature of the authority authorizing the arrest.
A search warrant is a document listing all persons and areas to be searched with the signature of the authority authorizing the search. An arrest warrant is a document listing the individual to be arrested and on what charges with the signature of the authority authorizing the arrest.

Latest revision as of 02:09, 1 April 2022

Below lies the current Laws for the Sol Central Government. These are valid in all of its territories and on all Official Sol Gov Vessels.

One should note, however, that aboard a naval vessel, the Commanding Officer's word holds the most authority. They hold responsibility for both their ship and everyone aboard; they will be held responsible for their failings as well. The Commanding Officer ultimately answers to the law just as anyone else.

Due Process Procedures

A search warrant is a document listing all persons and areas to be searched with the signature of the authority authorizing the search. An arrest warrant is a document listing the individual to be arrested and on what charges with the signature of the authority authorizing the arrest.

An approved warrant must be presented before an arrest or search. Note that this changes depending on the alert status.

The persons authorized to approve a warrant are: The Commanding Officer (CO), Executive Officer (XO), Chief of Security (CoS), the departmental senior officer of the individual being searched or arrested, in that order. Higher priority persons may defer down the list at their discretion. Under normal circumstances, it can be assumed that the CO and XO have deferred this responsibility to the CoS.

  • In the event that every person on the prior list is dead or out of contact, the Brig Chief and lastly Masters at Arms may sign for charges and warrants but MUST have their actions reviewed and validated by the prior personnel as soon as possible. They may indefinitely hold individuals given a clear danger, but otherwise may only apply minimum charges.
  • Warrants against visitors should be handled as above, though they have no immediate superior.

Exceptions to presenting a warrant are:

  • Should security witness a crime, then a warrant can be approved and presented after the arrest.
  • If waiting for a warrant would cause further hazard to the ship or personnel, then a warrant may be approved and presented after the arrest or search.
  • Warrants required for the previous two circumstances can be approved by the Chief of Security. However, they can still be overruled by the XO or CO.
  • Searches of public areas or of arrested individuals requires no extra warrant or authorization.

Crime

  • Crimes are divided into Low Crimes and High Crimes. Low Crimes can be charged, investigated, and punished directly by security. High Crimes must be heard and judged in an SCG Court.
  • Sol Central Government Uniformed personnel can be tried in a Court-Martial for committing any High Crime, with the maximum listed punishment being applicable by the court martial.
  • Each crime has at least three sections: Minimum Punishment, Maximum Punishment, and Special Considerations.
  • Any punishments below the maximum punishment can be administered, unless otherwise stated, and punishments below the minimum punishment can also be applied, as long as the minimum punishment is also applied.
  • In the event of multiple crimes in the same vein, like an individual that has committed maiming and murder on the same victim, only the charge for the most severe crime should be applied.
  • When applying charges extenuating circumstances can apply, lifting the punishment for the crime entirely or applying a reduced sentence. In this situation whether the commission of the crime is justified should be decided by the ranking member of security, the XO, or the CO. This includes situations such as: justifiable homicide, an emergency requiring trespassing, and self defence.

Sentencing Modifiers

Solicitation, Accessory, Attempts, and Conspiracy are to be treated and charged as if the perpetrator committed the associated crime. For example: an individual who is an accessory to murder will be punished as if they are charged with murder.

  • Solicitation: Encouraging, bribing, requesting, or instructing someone to commit a crime, with the intent that the person being solicited commit the crime.
  • Accessory: Assisting in the commission of a crime, without participating in the crime itself, knowing that a crime will be, has been, or is being committed.
  • Attempts: Attempting to commit a crime, with the intent to carry out that crime.
  • Conspiracy: Planning to commit a crime, with the intent to eventually carry out that crime.

Punishment

Court Martial only punishments:

  • Execution: Termination of life. Anyone who has been given a sentence of death may choose which option suits them if more than one option is possible. They may also choose to receive painkillers, anesthesia, and/or tranquilizers if not otherwise required.
    • Firing Squad: Must consist of a minimum of three carbines or rifles, firing simultaneously
    • Lethal Injection: Must consist of three parts. First, the highest-strength painkiller available must be administered, followed by anesthesia, chemical or gaseous, then finally, life may be terminated with any appropriate chemical, as determined by ranking medical staff.
    • Airlocking: The airlock used must be filled with air and locked, and then have its exterior door forced open, without cycling, so that the subject is forced away from the vessel by air pressure.
  • Marooning: To be left on a habitable (possessing a breathable atmosphere, and an available source of food and water) planet, habitat, or vessel. The individual marooned must be left with food, water, and survival gear. A pistol can be included if the individual is non-violent.

Normal punishments

  • Extended Confinement: Confinement in the brig past the point of the next jump, or until transfer to the Sol Bureau of Corrections.
  • Restriction: The restriction of an individual to certain areas aboard a vessel or facility. Typically sleeping quarters, the mess hall, and required medical facilities. Aboard the Torch, this means that an individual on restriction is only permitted in: public hallways, the mess hall, the infirmary for medical care, cryogenic storage, bunk rooms, and hydroponics.
  • Confinement: Being held in the brig - either in a cell, solitary, or in a communal area - for some temporary period of time.

Treatment of Prisoners

Prisoners still have certain rights that must be upheld by law enforcement:

  • Prisoners must be granted adequate medical care. This includes psychiatric and spiritual counseling if requested.
  • Prisoners must be allowed access to communications equipment (PDA, Radio, intercom, etc) so long as they are not abused.
  • Prisoners must be granted clothing, food, water, shelter and safety. If the brig is no longer safe, confinement must be established in another location.
  • Prisoners must be given access to legal counsel during an interrogation if requested and available.
  • Prisoners must be granted freedom of movement, and should not be restrained with handcuffs or other devices after incarceration unless there is an undue risk to life and limb. Similarly, any prisoners held for extended or permanent confinement must be held in the communal brig, and must not be confined to a solitary cell unless they pose a risk to life and limb.
  • Use of implanted or worn tracking devices is authorized at the discretion of the CoS or Brig Chief only for prisoners with a high escape risk, or released prisoners on restriction.

High Crimes

  • All maximum punishments marked with an asterisk (*) are court martial ONLY punishments.
Offense Description Minimum Punishment Maximum Punishment Notes
Destruction of a Lace To knowingly or purposefully destroy an individual's neural lace. Extended Confinement. Execution and forfeit of lace to Sol.* Purposeful Destruction of a Neural Lace is a Capital Crime beyond that of even Murder.
Murder To kill a sapient being with malicious intent and premeditation. Extended Confinement. Execution.* Premeditated and Malicious are the operative words here.
Manslaughter To kill a sapient being without intent, or in a manner less extreme than murder. Includes provoked manslaughter, manslaughter in self-defense, negligent manslaughter, and impassioned killing. Confinement for a minimum of 30 minutes. Execution.* Different from murder by virtue of lack of intent. If the actions of the perpetrator clearly did not intend to result in death, manslaughter is the appropriate charge.
Maiming To inflict physical injury with the intent to disfigure, degrade appearance, or impair function. Confinement for a minimum of 60 minutes. Extended Confinement. This also includes mistreatment of bodies such as the taking of trophies, and security severely injuring prisoners to prevent escape.
Destruction of a Vessel or Habitat/Terrorism To engage in maliciously destructive actions which threaten to destroy, or successfully destroy a vessel or habitat. Extended Confinement. Execution.* This includes arson, bombing, tampering with the engine, intentional decompression, sabotaging atmospherics, or tampering with the self-destruct.
Damage or Destruction of Property To maliciously damage or deface public or private property or equipment, including legal evidence or recorded information. Restriction. Extended Confinement. This is a step down from destruction of a vessel or habitat, and a step up from vandalism. It applies more towards spacing a person’s PDA, maliciously breaking interior windows or furniture, or damaging machinery. Note that this requires malicious intent.
Kidnapping/Hostage Taking/Illegal Confinement To unlawfully take away, transport, or confine a sapient being against that individual’s will. Confinement of at least 30 minutes. Execution.* More severe punishment is appropriate depending on the motivation of the kidnapper. If an individual is held for ransom, the crime is considered Hostage Taking, and at a minimum should be given extended confinement. Notably, this includes the illegal confinement of an individual by security forces.
Sexual Assault To attack someone sexually, including rape. Extended Confinement, Chemical Castration, Psychological Review. Execution.* An act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will.
Rioting To engage in a violent public disturbance which involves damage to people or property. Restriction. Extended Confinement. Separated from hooliganism by causing damage in a riot.
Tampering With, or Destruction of a Slaved Synthetic To damage, deface, destroy, or modify the laws of a slaved synthetic without authorization. Applies to robotic, cybernetic, and positronic consciousnesses that have been lawed for the purpose of labor. Restriction. Execution.* Another crime that can vary in severity. Stealing a borg’s cell should be treated as less severe than uploading the "Oxygen is Lethal to Humans" law.
Espionage The gathering or communication of confidential or secret information of the state to a foreign or unauthorized domestic recipient, or to intentionally misrepresent oneself as being an official of the Sol Central Government or Defense Forces. Extended Confinement. Execution.* If an individual is tried by Field Court-Martial and found guilty of Espionage, the only sentence available is execution.
Resistance/Breach of Arrest/Escape To intentionally and violently resist Masters at Arms, representatives of the SCG legal system, or other authorized personnel in the execution of an arrest; to violently flee arrest; to escape arrest, custody, or confinement. Extended Confinement. Marooning, or Execution.* Notably this only includes violently resisting arrest. Just because an accused person does not run to security with open arms does not mean they are resisting. Pushing or disarming does count. Execution can be sentenced by a Field Court-Martial only if marooning is not an option.

Low Crimes

Offense Description Minimum Punishment Maximum Punishment Notes
Assault To threaten to use physical force against someone without the intent to kill or maim, while also having the capability and/or intent to carry out that threat. Confinement for a minimum of 10 minutes. Restriction. Note that this doesn’t include “Irma kill u” over common radio, it requires intent and ability to carry out the threat of violence, like waving a knife at someone.
Battery To use physical force against a person, including any unlawful and or unwanted touching of the person by an aggressor or by a substance utilized by them, either directly or indirectly. Confinement for a minimum of 10 minutes, 30 minutes minimum for any injury that results in a trip to the infirmary. Extended Confinement. The degree of injury should come into play a lot here. If someone just punched someone else, things should probably be handled outside of the brig.
Theft To take the property of another individual, organization, or common property, without consent, and with the intent to deprive the rightful owner. Confinement for a minimum of 5 minutes, 30 minutes minimum for dangerous, valuable, or sensitive items, and the confiscation and return of any stolen items. Restriction. Even if an individual had access to items, removing them for unlawful personal use - or hiding them so others can’t use them - is still theft.
Endangerment To recklessly put yourself or others in danger, either through direct action, or failure to act. Confinement for a minimum of 10 minutes. Extended Confinement. Covers industrial accidents, industrial negligence, or even medical malpractice. Punishment can vary widely based on severity. This also includes self-experimentation with regards to the Science department.
Vandalism To intentionally deface or superficially damage public or private property. Confinement for a minimum of 10 minutes. Restriction. Note that this only requires intent, not necessarily the intent to sabotage or endanger people. Painting graffiti the mess hall is vandalism, breaking a window into space is not.
Trespassing To enter an area which an individual does not have access to, whether by simple action, force, or coercion. Confinement, for a minimum of 10 minutes, 30 minutes minimum for high security or secure areas. Restriction. Once again comes down to severity; breaking into the vault and refusing to leave should be punished more severely than following an engineer into the engineering lobby. Remember to make sure a trespasser was not invited in.
Animal Cruelty To inflict unnecessary suffering or harm on a non-sapient being with malicious intent. Confinement for a minimum of 10 minutes, psychiatric counseling. Restriction. This doesn’t include legitimate and authorized experiments on monkeys, or killing chickens for meat; but stuffing a dog in disposals, or setting monkeys on fire for kicks definitely counts. Unauthorized experiments on animals may also be included.
Controlled Substances/Equipment To wrongfully use, possess, manufacture, or distribute any controlled substances or items. Restriction and confiscation/destruction of controlled substances and/or items. Extended Confinement. Yet again comes down to severity; possession of a fully automatic weapon with lethal ammunition should be punished more severely than a single syringe of space drugs.
Sexual Harassment To make unwanted sexual advances or obscene remarks to another individual. Restriction. Extended Confinement. This is for minor stuff, like sexually charged jokes or aggressively hitting on someone, anything else goes under sexual assault.
Hooliganism To intentionally engage in disruptive behavior such as indecent exposure, belligerent drunkenness, disorderly shouting, or aggressive assembly. Confinement for a minimum of 10 minutes, or as long as it takes to sober up if drunk. Restriction. This is kind of a catch all for malicious disruption. Note that only aggressive drunkenness counts, drowning your sorrows in the bar quietly is only punishable by your liver and your employer.
Cruelty and Maltreatment To maltreat, be cruel to, or oppress an individual as that individual’s superior, or someone with authority over that individual. Confinement for a minimum of 10 minutes. Extended Confinement. This largely applies to security and their treatment of people, either by using excessive force in detainment, improper punishment, or mistreating prisoners, but also applies to Officers using their position abusively, like demanding favors in exchange for promotion, or intimidating others to avoid punishment.
Evasion of Arrest/Failure to comply with a warrant To non-violently resist, escape, or avoid arrest or the execution of a search warrant by a Master at Arms or otherwise authorized member of the SCG legal system. Confinement for a minimum of 20 minutes and education on the SCUJ and SCG Law. Extended Confinement. This includes hiding from security, refusing to report to the brig if properly presented with charges, or locking oneself in a workplace.



The credit to majority of this goes to Baystation 12: https://bay.ss13.me/en/Rules&Regulations/SolCentralGovernmentLaw