Due Process Act

Due Process Act
Jurisdiction	{{{jurisdiction}}}
Enacted by	Referendum
Petition submitted	August 7, 2011
Petition approved	August 7, 2011
Referendum	August 11, 2011
Full text of the Due Process Act
History

Text

1. Criminal Charges
   1. The Ministry of Justice and Ministry of Regional Security may bring criminal charges against any person.
   2. If charges are brought, the Chief Justice will decide whether to hold a trial.
   3. If the Chief Justice decides not to hold a trial, the same charges may not be brought against the same person again.
   4. No charges may be brought if sixteen weeks have passed since the alleged offense was detected.
2. Arrests
   1. The Ministry of Justice and Ministry of Regional Security may arrest persons suspected of criminal offenses.
   2. If an arrest is made, criminal charges will be presented to the Chief Justice.
   3. If no charges are presented within one week or the Chief Justice decides not to hold a trial, the arrested will be freed.
3. Filing of Suits
   1. Any person or private organization may bring a suit against a private person or organization, or a public official or office.
   2. The Chief Justice will choose whether to try cases based on their opinion of the importance and validity of the suit.
4. Selection of Attorneys
   1. Attorneys will be chosen before the start of a trial.
   2. In criminal cases, the Ministry of Justice will provide an attorney to the defense if they request it or do not choose an attorney.
   3. Anyone may represent themselves.
   4. No more than one week will be allowed for the selection of attorneys.
   5. The Chief Justice may dismiss any attorney who ignores judicial procedure and order a new one to be chosen.
5. Recusal of Justices
   1. Any justice may choose to recuse themselves.
   2. An attorney may request that a justice be recused. If a justice refuses a request for recusal, the other justices of the Court may force their recusal by a majority vote.
   3. If the Chief Justice is recused, they will appoint an associate justice Acting Chief Justice for the trial.
   4. Any recusals will occur before the start of the trial.
6. Scheduling Trials.
   1. The Chief Justice will confer with the prosecution and defense separately about when they will be able to hold a trial. The Chief Justice will then confer with the Court and decide a time and date for the trial.
   2. During a trial an attorney may ask that the trial to be recessed and resumed later. The Chief Justice will grant or deny such requests at their discretion.
   3. If a trial is recessed or not concluded at the end of the chosen time and date, a new time and date when the trial may resume will be chosen.
7. Evidence and Testimony
   1. Evidence and witness testimony will be presented to the Chief Justice before the trial.
   2. The Chief Justice will share all evidence and testimony with both sides before the trial.
   3. The Chief Justice may bar irrelevant or inappropriately obtained evidence or testimony.
   4. The Chief Justice may order evidence or testimony to be provided at the request of an attorney.
   5. Witnesses will deliver their own testimony.
   6. The prosecution and defense may question any witness called by the other.
8. Presentation of Cases
   1. The prosecution and defense will both be given time to present their cases and rebuttals.
   2. Justices may question any attorney or witness.
9. Deliberation
   1. Deliberations will be conducted in private.
   2. Justices who were not present for the trial will be provided with a transcript of the trial.
   3. If the Court finds for the prosecution, the Court will decide upon appropriate punishments or remedies.
   4. A justice of the Chief Justice's choosing will author a statement of the Court's reasoning.
   5. If the Court does not issue a decision within one week of a trial's conclusion, the Court will vote on the verdict immediately.
10. Retrials
    1. No case may be brought before the Court a second time without new evidence.
    2. If new evidence is found, a request to hold a retrial may be submitted to the Chief Justice by either side.
    3. A retrial may be called by the prosecution only within six weeks of the end of the original trial.
    4. The Chief Justice will decide whether to hold a retrial based on the importance and validity of the new evidence presented.
    5. If the Chief Justice decides to hold a retrial, a new trial will be started.
11. Obstruction of Justice
    1. No attorney or witness may knowingly present false evidence or false testimony
    2. No person may refuse an order of the Chief Justice to appear before the Court or to provide evidence or testimony.
    3. No person may refuse to comply to any punishments or remedies issued by the Court.