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