L006 - Crimes Against the Republic Act

[Entropan]

Crimes Against the Republic Act
Proposed by Entropan

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Preamble: Respecting the historic significance of CRL 4 – An Act to Clarify Crimes Against the Republic; and CRL 25 – An Act to Repeal CRL 4 and to Reform The League's Definition of Crimes Against the Republic in first establishing as criminal offence those acts which threaten to severely damage the institutions and governance of the Republic,

Realising that, following the repeal of CRL 25 by the Omnibus Council Legislative Reform and Reorganisation Act, there remains no in-force legislation criminalising acts of this matter,

Believing that, were the contents of this Act updated to fit modern legislative standards, it would provide important legal foundation for the prosecution of those who act against the interests of the Republic;

The Government of The League and Concord hereby:

Part I: General principles

Creates a new category of criminal offence, to be termed a “crime against the Republic”, to consist of those actions which threaten the effectiveness of the institutions of governance in The League & Concord and the principles that underline the Constitution of the Republic;

Upholds sentencing for conviction of any crime against the Republic to be up to the discretion of the Consulate of the Republic, fulfilling their constitutional role as the judiciary.

Part II: Subversion

Defines the crime against the Republic of 'subversion' as the usage of several accounts on any platform to obtain several identities within the Republic without proper declaration and approval from relevant authorities;

Understands a person to not be committing the crime of ‘subversion’ if they deploy, site-wise, two nations; one deployed in The League, and one in Concord, unless they obtain World Assembly membership on one without endorsing the legitimate delegacy of the region concerned;

Part III: Distribution of classified information

Defines the crime against the Republic of ‘distribution of classified information’ as spreading classified governmental information to those without adequate clearance;

Understands ‘classified governmental information’ as automatically including information spread in private messaging channels for government officials, except if—

• a member of the executive government of the Republic explicitly and provably states that the information is permitted to be spread through public channels,
  
• the information is within the public interest with regards to the activities of the Council of the Republic while its public distribution does not in any way damage the Republic’s foreign relations or internal security, or,
  
• the information, shared prudently, is directly related to the prosecution of undue behaviour of governmental officials and/or Council Delegates.
  

Enacts that, in order for any document to be considered 'classified governmental information', the qualifications of and/or persons to whom the document is solely allowed to be viewed by and shared amongst must be explicitly stated on the document itself, with a provable and datable record as to the classification;

Declares classified information contained within a document permissible to be spread to individuals without clearance if the information contained, shared prudently, is directly relevant to the legal argument as to allegations of a crime against the Republic against any individual.

Part IV: Sedition

Defines the crime against the Republic of ‘sedition’ as spreading disinformation with the intent to disrupt, damage, subvert, or destroy the legitimate government of the Republic and/or its regions;

Defines ‘disinformation’ as false or misleading information spread with the intention to be taken as true;

Enacts that, in order for any person to be convicted of the crime of sedition, the disinformation they had spread must be—

• in regards to the Republic, its government, regular citizens, actions, and/or officials,
  
• harmful to the Republic, its government, regular citizens, actions, and/or officials, and,
  
• spread in such a manner that a reasonable person would not view it as humorous.
  

Part V: Treason

Defines the crime against the Republic of ‘treason’ as behaviour consistent with other crimes against the Republic provably conducted in collusion with foreign agent(s) and/or foreign government(s) with the intention to disrupt, damage, subvert, or destroy the legitimate government of the Republic and/or its regions;

While cognizant of the differing responses trials in which the nature of the actors to whom the crime was committed in favour of will have in regards to foreign relations, understands the following not to be relevant to trials for the crime of treason—

• the frequency of contact between the defendant and the foreign agent(s) and/or foreign government(s) they were acting in collusion with,
  
• whether the defendant was acting on advice, instructions, or their own provable understanding of what would further the interests of the foreign agent(s) and/or foreign government(s), and,
  
• the identity or identities of the foreign agent(s) and/or foreign government(s) the defendant was acting to further the interests of.
  

Part VI: Bribery

Defines the crime against the Republic of ‘bribery’ in five cases, of which a trial for this crime shall constitute any one;

Enacts the first case as where a regional official requests, agrees to receive or accepts a social or other advantage, from a person or group intending, in consequence, for one or more relevant function(s) or activities required of the proper performance of their role be performed improperly;

Enacts the second case as where a regional official requests, agrees to receive or accepts a social or other advantage as a reward for improper performance of one or more relevant function(s) or activities required of the proper performance of their role;

Enacts the third case as where, in anticipation of or in consequence of the request, agreement to receive, or acceptance of a social or other advantage, one or more relevant function(s) or activities required of the proper performance of any aspect of the regional government is performed improperly by a regional official, upon their request, or with assent or acquiescence;

Enacts the fourth case as where a person offers, promises, or gives a social or other advantage to a regional official, intending the advantage to induce the officeholder in the improper performance of one or more relevant function(s) or activities required of the proper performance of their role;

Enacts the fifth case as where a person offers, promises, or gives a social or other advantage to a regional official, with the acceptance of the advantage being known or believed to in itself constitute the improper performance of one or more relevant function(s) or activities required of the proper performance of their role;

Understands it to not be relevant in the first case as to whether the regional official to whom the advantage is offered, promised or given to is the same person as the regional official who is to perform, or who has performed, the function(s) or activities concerned.

Defines a ‘regional official’ as a person entrusted into a revocable position of legislative, cultural, or governmental significant in the Republic’s internal forum and government.

Part VII: Sabotage

Defines the crime against the Republic of ‘sabotage’ as any act in which a person provably intends to or does engage in conduct which severely damages the ability of those parties with access to communicate effectively using the Republic’s own communication channels, without a clear, provable mandate from the Council of the Republic or Consulate;

Understands "damage" to include the following (whether permanent or temporary)–

• the destruction of a communication channel or several,
  
• interference in editing those communications sent through a channel or several,
  
• the alteration of the foundational characteristics of a channel or several,
  
• loss of or reduction in access or availability of a communication channel or several to other parties permitted by law or executive decision to such access, and,
  
• loss of or reduction in the function, utility, or reliability of a communication channel or several.
  

Part VIII: Obstruction of justice

Defines the crime against the Republic of ‘obstruction of justice’ as any act in which a person provably intends to or does engage in conduct with the intent to obfuscate their involvement in another crime or to obfuscate the investigation of a crime or to hinder the prosecution of a crime;

Realises those acts that may be included under 'obstruction of justice' as including but not limited to–

• providing false testimony about an individual to any governmental figure responsible for the investigation of crimes against the Republic,
  
• destroying or attempting to conceal evidence regarding a crime against the Republic from any governmental figure responsible for investigating such crimes,
  
• inducing an individual to testify falsely or to withhold testimony from responsible authorities, and,
  
• using any position of authority they may have to misdirect, mislead, or otherwise delay an investigation of crimes against the Republic.