Code of Criminal Procedure

Preamble

This Code of Criminal Procedure shall be an an Imperial Law dealing with the due procedure of courts, and penal courts in particular. This Imperial Law provides the necessary details to the provisions within the Human Rights Act.

By virtue of this fact the Head of Quoros, represented by The Emperor, has signed and promulgated this Imperial Law.

Art. 0 | Criminal Offence

Any actions outlined in the Imperial Penal Code, as well as conducts that are a crime by convention is regarded to as a criminal offence.

Art. 1 | Policing

The Imperial Police as well as the police forces of the domains, if any, shall be the executive power ensuring that the legislative order is kept, as well as that court rulings are executed. The police forces may temporarily restrict the freedoms of a person, if there is reasonable ground to believe in the criminal conduct of the person, or for him to be a danger to the public. This time may be extended by a court. Details may be regulated by an Imperial Law.

Art. 2 | Arrest

(0) As outlined in Art. 1 of this Imperial Act, the police forces may temporarily restrict the freedoms of a person. This restriction occurs upon arrest.

(1) Within 24 hours of time after the arrest, the case shall be presented a court. In case the court does not authorise an extension of the arrest, the person shall be set free. In case the court rules guilty, the person may stay arrested until he can be transferred to the according place to serve his punishment. (2) In a state of exception or under martial law, the time of arrest may be extended indefinitely, but the continuation of the arrest shall be reviewed by a court within 30 days of time upon arrest.

Art. 3 | Court Procedure

(0) The court shall proceed as outlined in the Human Rights Act, bound to the constitutional principles and the principles within this Imperial Law.

(1) The court's exercise of discretion shall be guaranteed where it is in accord with imperial legislation.

(2) The court shall extend the arrest of a person if it deems the person as a danger to the public or a flight risk.

(3) The court shall place a verdict based on the Penal Code if the offence the defender is charged with is declared a criminal conduct in the Penal Code, or akin to one such, or otherwise if it is a crime by convention.

(4) The punishment, if defender is found guilty, shall be derived from the Penal Code, if any criminal conduct akin to the charged offence present, and be given with reason.

(5) No punishment shall exceed a detention over 15 years of time at a time.

Art. 4 | Extension of the Sentence

(0) Regardless of Art. 3.4 of this Imperial Act, any penal sentence may be extended by a penal court in accordance to the following principles.

(1) If the person is found to be a danger to the public, the punischment shall be extended by 5 years a time, with an option of further extension, if then still necessary.

(2) If the person has a life-threatening medical condition, or is weakened due to a medical condition or of old age with a life expectancy not exceeding 5 years of time, no further extensions shall be admissable.

(3) The procedure with regard to the extension must occur within the last 90 days of the sentence that is served. In case that the person has already served his sentence, the procedure must occur within the next 30 days.

(4) In a state of exception or under martial law, the procedure with regards to the extension may be put on hold and the person kept under arrest indefinitely. Art. 4.3 shall not be applicable in a state of exception or under martial law.

Art. 5 | Reduction of the Sentence

(0) Any person sentenced to detention and prison shall be given the opportunity be released after serving half his sentence upon good conduct in prison for as long as he is not deemed a danger to the public. The person or his defender shall be able to apply for such a reduction, upon which the request must be reviewed by a court.

(1) If a person is mentally disabled, he shall be sentenced to serve the same amount of time in an asylum under professional medical supervision with the aim of his rehabilitation. Upon the disappearance of the medical condition, the sentence shall be cut half, if the previous medical condition was a decisive factor in the conduction of the criminal offence he was charged for, but the person shall stay in the facility for further medical supervision.

(2) In the case of the sentence being cut half, the person shall be able to leave the facility during daytime with the provision of having to report in every day at an agreed time.

(3) In the case of conducting another criminal offence after the reduction, the reduction shall be void, and the new offence shall be dealt with in a seperate procedure.

(4) The application to a reduction shall be allowed only once within a period of 5 years.

(5) In a state of exception or under martial law, an application to a reduction shall be inadmissible.

Art. 6 | Case of Hardship

Any person charged with an offence or serving punishment for a previously conducted offence may apply for a case of hardship at a court due to medical or age-related conditions. If the court finds the request valid and as based on reasoned grounds, it may reduce or end the sentence. The court shall consider that the public must not be seriously endangered by this decision.

Art. 7 | Supervised Temporary Release

(0) Under special circumstances, any person arrested or imprisoned shall be given the opportunity of a supervised temporary release of up to 3 days at a time. This provision shall also be valid for those sentenced to a medical treatment in an asylum.

(1) The supervised temporary release shall require a court approval upon application, which also must consider the person's conduct since the sentence, as well as whether he is a danger to the public, and whether he is a flight risk.

(2) Solely the following reasons shall be valid for the application of a supervised temporary release
. (a) The marriage of a first-degree family member, or
. (b) The funeral of a first-degree family member, or
. (c) The birth of the own child.

(3) The duration of the supervised temporary release shall be considered like time served in the facility.

(4) In a state of exception or under martial law, an application to a supervised temporary release shall be inadmissible.

Page top