Justice and Misconduct Act

Justice and Misconduct Act

Section [1]: Misconduct

Division [A]: Corrupt Conduct
1) Breach of Trust is an offence.
a) (​Actus reus​) Any person in a ​position of trust who has failed to discharge the
duties imposed on him by the terms of the trust or by the general law in
relation to the ​trust property​.
b) (​Mens rea)​ A person ​should be aware of a substantial and unjustifiable risk
that their failure exists or will result, such that the failure to perceive it involves
a gross deviation from the standard of conduct that a reasonable person
would observe.
c) [1A1a] and [1A1b] must occur concurrently, or [1A1b] may precede [1A1a].
d) Maximum penalty: 168 hours imprisonment.
2) Fraud in Office is an offence.
a) (​Actus reus​) Any public official who falsifies a matter of fact, whether by words
or conduct, by false or misleading accusations, or by concealment of what
should have been disclosed, that deceives and is intended to deceive another
so that the individual will act upon it to her or his legal injury.
b) (​Mens rea)​ A public official is aware that her or his conduct is of a fraudulent
nature, is practically certain that the result will occur, and contains, to a high
probability, knowledge of the fact.
c) [1A2a] and [1A2b] must occur concurrently.
d) Maximum penalty: 336 hours imprisonment
3) Subdivision: Tort Law
a) Nonfeasance is an offence.
i) (​Actus reus​) Any person whose ​inaction results in harm to a person or
property.
ii) (​Mens rea)​ A person ​consciously disregards ​a substantial and
unjustifiable risk that her or his action will result, such that their
disregard involves a gross deviation from the standard of conduct that
a law-abiding person would observe.
iii) [1A3ai] and [1A3aii] must occur concurrently, or [1A3aii] may precede
[1A3ai].
iv) Maximum penalty: 30 hours imprisonment.
b) Misfeasance is an offence.

23
Justice and Misconduct Act

i) (​Actus reus​) Any person whose ​improperly executed l​ egal act results
in harm to a person or property.
ii) (​Mens rea)​ A person ​consciously disregards ​a substantial and
unjustifiable risk that her or his action will result, such that their
disregard involves a gross deviation from the standard of conduct that
a law-abiding person would observe.
iii) [1A3bi] and [1A4bii] must occur concurrently, or [1A3bii] may precede
[1A3bi].
iv) Maximum penalty: 30 hours imprisonment.
c) Malfeasance is an offence.
i) (​Actus reus​) Any person whose ​illegal or wrongful act results in harm
to a person or property.
ii) (​Mens rea)​ A person ​consciously disregards ​a substantial and
unjustifiable risk that her or his action will result, such that their
disregard involves a gross deviation from the standard of conduct that
a law-abiding person would observe.
iii) [1A3ci] and [1A3cii] must occur concurrently.
iv) Maximum penalty: 336 hours imprisonment.
4) Extortion is an offence.
a) (​Actus reus​) Any public official who obtains the property of another induced by
wrongful use of actual or threatened force, violence, or dear, or under color of
official right.
b) (​Mens rea)​ A person ​should be aware of a substantial and unjustifiable risk
that their act exists or will result, such that the failure to perceive it involves a
gross deviation from the standard of conduct that a reasonable person would
observe.
c) [1A4a] and [1A4b] must occur concurrently.
d) Maximum penalty: 336 hours imprisonment.
5) Bribery is an offence.
a) (​Actus reus​) Any person who offers, gives, receives or socicitates something
of value for the purpose of influencing the action of an official in the discharge
of her or his public or legal decisions
b) (​Mens rea)​ A person must be conscious in engaging in bribery or cause the
result.
c) [1A5a] and [1A5b] must occur concurrently.
d) Maximum penalty: 336 hours imprisonment.

24
Justice and Misconduct Act

6) Any person who conspires to act in light of [1A1], [1A4] or [1A5] engages in
conspiracy to undertake corrupt conduct​, which is an offence.
a) A group of people conspires if they ​make secret plans jointly to commit an
unlawful or harmful act.
b) Maximum penalty: 168 hours imprisonment.
7) Any public official who conspires to act in light of [1A2] engages in ​conspiracy to
undertake corrupt conduct,​ which is an offence.
​ r ​conspiracy to
8) Any person who fails to report action in light of ​corrupt conduct o
undertake corrupt conduct can be charged under the relevant article which pertains
to the action.
Division [B]: Defamation
1) Libel is an offence.
a) (​Actus reus​) Any person who publishes in print or writing, an untruth about
another which will do harm to the other or her or his reputation, by tending to
bring the target into ridicule, hatred, scorn or contempt of others.
b) (​Mens rea)​ A person is aware that her or his conduct is of a defamatory
nature, is practically certain that the result will occur, and contains, to a high
probability, knowledge of the fact in which is being deformed.
c) [1B1a] and [1B1b] must occur concurrently.
d) Maximum penalty: 20 hours imprisonment.
2) Slander is an offence.
a) (​Actus reus​) Any person who tells one or more people an untruth about
another which will harm the reputation of the person being deformed.
b) (​Mens rea)​ A person is aware that her or his conduct is of a defamatory
nature, is practically certain that the result will occur, and contains, to a high
probability, knowledge of the fact in which is being deformed.
c) [1B2a] and [1B2b] must occur concurrently.
d) Maximum penalty: 10 hours imprisonment.
Division [C]: Improper Political Conduct
1) Coercion is an offence.
a) (​Actus reus​) Any person who intimidates a victim to compel the individual to
do some act against her or his will by the use of psychological pressure,
physical force, or threats.
b) (​Mens rea)​ A person is willing to engage in coercion to cause a result. She or
he is aware of their actions and believe or hopes they will result.
c) [1C1a] and [1C1a] must occur concurrently.
d) Maximum penalty: 336 hours imprisonment.

25
Justice and Misconduct Act

2) Election fraud is an offence.

a) (​Actus reus​) Any person who fails to represent, misrepresents or
malrepresents the wishes of a group of people concerning the results of any
election.
b) (​Mens rea)​ A person is aware that her or his conduct is of a fraudulent nature,
is practically certain that the result will occur, and contains, to a high
probability, knowledge of the fact.
c) [1C2a] and [1C2b] must occur concurrently.
d) Maximum penalty: 336 hours imprisonment.
Division [D]: Miscellaneous
1) For any breach of an offence listed in Divisions [A], [B] and [C], removal from any
office is a recommended penalty.

Section [2]: Lower Court of Falkestaat

Division [A]: Composition of the Court
1) The Court will consist of the Justice and a jury.
a) A Justice must be a member of the Justice Department, selected by means of
a departmental vote, or by choice of the Supreme Justice.
i) A member of the Justice Department has no formal ties to any political
party.
b) The jury will consist of five public officials from different political parties which
are to be selected by a random member of the Justice Department.
c) Manipulation of the selection of a jury or Justice is an offence.
i) Maximum penalty: 336 hours imprisonment and indefinite removal of
citizenship.
2) The prosecution consists of a prosecutor.
a) A prosecutor is appointed by the accusing party.
3) The defence consists of an attorney.
a) An attorney is appointed by the accused party.
Division [B]: Admissible Evidence
1) A piece of evidence is relevant if it proves or disproves some fact at issue in the trial.
a) If the utility of this evidence is outweighed by its tendency to cause the jury to
disapprove of the party it is introduced against for some unrelated reason, it is
irrelevant.
2) A piece of evidence is reliable if the party procuring the evidence shows it to be so.
a) A witness testimony may be proven to be reliable if the procuring party has
first shown the witness’ credibility and knowledge.

26
Justice and Misconduct Act

Division [C]: Court Procedure

1) A ​Session of Court ​may begin when; all parties (justice, jury, prosecution and
defence) are present; the Justice chooses to commence the trial.
2) The prosecution will first present evidence to the jury for three minutes, then the
defence will respond for three minutes. This process repeats twice more, then each
counsel gives their closing statement to the jury.
3) A counsel may at any time voice an objection, which is to be sustained or overruled
at the Justice’s pleasure.
4) The jury deliberates (Division [4]) the trial and returns with a verdict of guilty or
innocent, which the Justice then acts on.
Division [D]: Jury Deliberation
1) The jury will have a private chat to deliberate the evidence presented in trial and
conduct a majority vote as to if the accused is guilty or innocent of an offence under
Section [1, or other such legislature formulated in the Constitution of other Statute
law.
a) It is an offence to influence, or communicate with the jury in any way during
the trial.
b) Maximum penalty: 336 hours imprisonment and indefinite removal of
citizenship.
2) The jury must hold its conviction ​beyond a reasonable doubt.
Division [E]: Counsel Objections
1) An objection should be sustained by the Justice if its respective element is fulfilled.
a) A ​leading question objection is fulfilled if a counsel asks a leading question
during direct examination of a witness.
b) A ​compound question objection is fulfilled if a counsel asks multiple questions
within a sentence.
c) A ​question calls for narrative objection is fulfilled if a witness beings to tell a
narrative, or a counsel asks a narrative provoking question.
d) An ​argumentative question objection is fulfilled if a counsel becomes
argumentative towards a witness.
e) An ​asked and answered question objection is fulfilled if a counsel asks a
question, received an answer, and asks again.
f) A ​vague and ambiguous question objection ​is fulfilled if a counsel asks an
imprecise question.
g) A ​non responsive answer objection ​is fulfilled when a witness does not
answer a given question by counsel.
Division [F]: Defence Objections

27
Justice and Misconduct Act

1) An objection should be sustained by the Justice if its respective element is fulfilled.

a) A ​relevance of answer or question objection i​ s fulfilled if irrelevant evidence to
the case is being brought up in trial.
b) A ​question lacks foundation objection i​ s fulfilled if prosecution asks a question
without foundation.
c) A ​speculation objection is fulfilled if prosecution asks a question of which the
witness does not have any personal knowledge, or the witness testifies about
something they have not personally experienced.
d) A ​creation of a material fact objection i​ s fulfilled if a witness has made a
factual error in their testimony.
e) An ​improper character evidence objection ​is fulfilled if a witness has used the
character of the defendant to prove the defendant is guilty.
f) A ​hearsay objection i​ s fulfilled if a witness testifies about a statement made by
another witness to prove a point.
i) A Justice permit allow hearsay at her or his discretion.
Division [G]: Powers of the Justice
1) A Justice has jurisdiction to grant any relief or remedy or do another thing by way of
writ, whether of ​prohibition,​ ​mandamus,​ ​certiorari [​ 2G2] or of any other description.
2) The jurisdiction of the Justice to grant any relief or remedy in the nature of a writ of
certiorari includes, if the Justice is satisfied that the ultimate determination of a court
in any proceedings has been made on the basis of an error of law that appears on
the face of the record of the proceedings; jurisdiction to quash the ultimate
determination of the court or tribunal; if the Justice determines that, as a matter of
law, only one particular determination should have been made by the Court,
jurisdiction to make such judgement or orders as are required for the purpose of
finally​ determining the proceedings.
3) The Justice may, on an application for a writ of ​habeas corpus ad subjiciendum
(referred to as a writ of ​habeas corpus)​ , give such judgement or make such order
disposing of the proceedings as the nature of the case requires.
a) Where an application for a writ of ​habeas corpus​ has been made in respect of
any person, no application for a writ of ​habeas corpus​ may be again be made
again, unless fresh evidence is adduced in support of the application.
4) A person under trial may appeal to the SICJ for a ​writ of certiorari​ if there exists a
conflict of interest in the Court.
5) A Justice may issue a writ of ​subpoena ad testificandum​ or ​subpoena duces tecum
whenever it sees necessary. The CCU, FEA, Senate, or the President may request

28
Justice and Misconduct Act

the Court to issue a ​subpoena​, though the Court is not required to take such an
action.
6) Where a judgement of the Court has been made in respect to any person, no
judgement may be made again, unless fresh evidence is adduced in support of a
new judgement.
7) A party is not required to be notified of an impending ​subpoena.​

29