Penal Code

Criminal Code of Tresario

 

PART I. AUTHORITY, JURISDICTION, AND PRINCIPLES

Creation and Force

1. His Majesty, The King of Tresario by the authority of the Hall of Ministers and in conformity with Article III Section 1 of the Tresarian Constitution, has established this Criminal Code for the maintenance of law and order.

Application

2. The provisions of this Code apply to Citizens of the Tresario Star Kingdom and to all Persons throughout the Tresario Star Kingdom, its planets, systems, sectors, territories, and all therein.

Presumption of Innocence

3. Where a Code provision creates an offense and authorizes a punishment to be imposed:

  1. a Citizen shall be deemed not to be guilty of the offense until he is convicted or discharged; and
  2. a Citizen who is convicted or discharged of the offense is not liable to any punishment other than the punishment prescribed by this Code or by the Code provision that creates the offense.

Ignorance of the Law

4. Ignorance of the law by anyone who commits an offense is not an excuse for committing that offense.

Parties to Offense

5. Every one is a party to an offense who

  1. actually commits it;
  2. does or omits to do anything for the purpose of aiding any person to commit it; or
  3. abets any person in committing it.

PART II. OFFENSES AGAINST PUBLIC ORDER

Section I. Treason and other Offenses against the Sovereign's Authority and Person

High Treason

6. Every one commits high treason who, in the Tresario Star Kingdom,

  1. kills or attempts to kill the Sovereign, or does him any bodily harm tending to death or destruction, maims or wounds him, or imprisons or restrains him;
  2. kills or attempts to kill the Premier, or does him any bodily harm tending to death or destruction, maims or wounds him, or imprisons or restrains him;
  3. levies war against the Tresario Star Kingdom or does any act preparatory thereto; or
  4. assists an enemy at war with the Tresario Star Kingdom or any armed forces against whom Kingdom forces are engaged in hostilities, whether or not a state of war exists between the Tresario Star Kingdom and the faction whose forces they are.

 

Treason

7. Every one commits treason who, in the Tresario Star Kingdom,

  1. uses force or violence for the purpose of overthrowing the Sovereign or government of the Tresario Star Kingdom or a Kingdom corporation thereof;
  2. without lawful authority, communicates or makes available to an agent of a faction other than the Tresario Star Kingdom, military or scientific information or any plan, article, note or document of a military or scientific character that he knows or ought to know may be used by that faction for a purpose prejudicial to the safety or defense of the Tresario Star Kingdom;
  3. conspires with any person to commit high treason or to do anything mentioned in paragraph (a);
  4. forms an intention to do anything that is high treason or that is mentioned in paragraph (a) and manifests that intention by an overt act; or
  5. conspires with any person to do anything mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests that intention by an overt act.

 

Specific Punishment for High Treason and Treason

8. Everyone who commits high treason or treason is guilty and shall be sentenced to imprisonment for life.

Acts Intended to Alarm His Excellency or Break Public Peace

9. Every one commits an offense who

  1. does an act with intent to alarm His Majesty or to break the public peace, or
  2. does an act that is intended or is likely to cause bodily harm to His Majesty.

Intimidating the Hall of Ministers

10. Every one commits an offense who does an act of violence in order to intimidate the Hall of Ministers of Tresario Star Kingdom.

Section II. Prohibited Acts

Assisting Enemy and Deserters to Leave the Tresario Star Kingdom, or Omitting to Prevent Treason

11. Every one commits an offense who

  1. incites, willfully assists, or willingly permits the escape of an enemy or prisoner of the Tresario Star Kingdom to leave the Tresario Star Kingdom without the consent of the Sovereign or Premier; or
  2. aids, assists, harbors or conceals a person who he knows is a deserter or absentee without leave from the Tresario Forces, or;
  3. knowing that a person is about to commit high treason or treason does not, with all reasonable diligence, inform a Minister or other officer of the Hall or make other reasonable efforts to prevent that person from committing high treason or treason.

Sabotage

12. Every one commits an offense who

  1. impairs the efficiency or impedes the working of any ship, vehicle, item, droid or other thing, or
  2. causes property, by whomever it may be owned, to be lost, damaged or destroyed.

Inciting to Mutiny

13. Every one commits an offense who

  1. attempts, for a traitorous or mutinous purpose, to seduce a member of the Tresario Forces from his duty and allegiance to His Majesty, or
  2. attempts to incite or to induce a member of the Tresario Forces to commit a traitorous or mutinous act.

Defection

14. Everyone commits an offense who leaves the Kingdom in order to join a enemy of Tresario Star Kingdom.

Sedition

15. Every one commits an offense who teaches or advocates, or publishes or circulates any writing that advocates, the use of force as a means of accomplishing a governmental change within Tresario.

 

16. Everyone commits an offense who refuses to follow the lawful orders of a commanding officer.

Section III. Unlawful Presence

Unlawful Presence

17. Every one commits an offense who assembles in such a manner or so conducts themselves when they are assembled as to cause persons in the vicinity of the assembly to fear that they will disturb the peace or disrupt lawful trade or travel.

Proclamation

18. A duly appointed Tresario Officer who receives notice that there is an unlawful presence, shall go to that place and make known the following, or similar, proclamation: By order of His Majesty the King of Tresario, I hereby declare your presence to be unlawful. I order you to immediately disperse. You must leave this System [and Sector]. If you remain, you will be in violation of the Tresario Criminal Code, no matter what your purpose is. You must leave. If you do not leave you may be removed or subject to arrest or other martial action. Martial action may include the use of lethal munitions which could cause risk of injury or death to those that remain. Long live the King!

Offenses Related to Proclamation

19. Every one commits an offense who

  1. opposes, hinders, or assaults a person who begins to make or is about to begin to make or is making the proclamation referred to in paragraph18, or ;
  2. does not peaceably disperse and depart from a place where the proclamation referred to in paragraph 18 is made or would have been made had it not been prevented.

Section IV. Piracy

Piracy

20. Every one commits an offense whose unlawful presence, action, theft, or violence disrupts the Sovereign's peace or lawful galactic travel or trade.

Piratical Acts

21. Every one commits an offense who

  1. steals a Tresario ship,
  2. steals or without lawful authority jettisons, damages or destroys anything that is part of the cargo, supplies or fittings in a Tresario ship,
  3. does or attempts to do a mutinous act on a Tresario ship, or;
  4. counsels a person to do anything mentioned above.

Financing of Piracy and Illegal Activities

22. Every one commits an offense who,

  1. directly or indirectly, collects, provides or invites a person to provide, or makes available property or financial or other related services
  2. intending that they be used, or knowing that they will be used, for the purpose of facilitating or carrying out any piratical, terrorist, or other illegal activity, or for the purpose of benefiting any person who is facilitating or carrying out such an activity, or
  3. knowing that they will be used by or will benefit a such a piratical, terrorist, or other illegal group.

Section V. Offenses Against Transport Safety

Hijacking

23. Every one commits an offense who,

  1. by force or by any form of intimidation, seizes or exercises control of a ship or vehicle with intent
  2. to cause any person on board the ship or vehicle to be confined or imprisoned against his will,
  3. to cause any person on board the ship or vehicle to be transported against his will to any place other than the original destination,
  4. to hold any person on board the ship or vehicle for ransom or to service against his will, or
  5. to cause the ship or vehicle to deviate from its lawfully ordered travel plan.

Seizing Control of Ship or Space Platform

24. Every one commits an offense who seizes or exercises control over a ship or space platform by force or threat of force or by any other form of intimidation.

PART III. OFFENSES AGAINST PUBLIC ADMINISTRATION

Section I. Corruption and Disobedience

Bribery

25. Every one commits an offense who, directly or indirectly, corruptly gives or offers to an officer or agent of the Tresario Star Kingdom, or to anyone for the benefit of that person, any money, valuable consideration, office, place or employment with intent that the person should

  1. interfere with the administration of justice,
  2. procure or facilitate the commission of an offense, or
  3. protect from detection or punishment a person who has committed or who intends to commit an offense.

Bribe Receiving

26. Every one commits an offense who, being an officer or agent of the Tresario Star Kingdom, corruptly accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person, any money, valuable consideration, office, place or employment with intent

  1. to interfere with the administration of justice,
  2. to procure or facilitate the commission of an offense, or
  3. to protect from detection or punishment a person who has committed or who intends to commit an offense.

 

Breach of Trust

27. Everyone commits an offense who reveals information considered classified and given to said person in confidence.

Disobeying a Law or Legal Order

28. Everyone commits an offense who does not obey the laws of Tresario Star Kingdom or the legal orders of the Tresario Authority.

Section II. Misleading Justice

Perjury

29. Everyone commits an offense who, while under a oath to tell the truth, intentionally misleads a Tresario official.

Fabrication

30. Everyone commits an offense who intentionally lies to a Tresario Officer for the purpose of misleading them.

Obstructing Justice

31. Everyone commits an offense who'

  1. Interferes with the process of a investigation, or;
  2. Interferes with the process of a trial.

Section III. Escapes and Rescues

Prison Breach

32. Everyone commits an offense who;

  1. by force or violence breaks a prison with intent to set at liberty himself or any other person confined therein, or;
  2. with intent to escape forcibly breaks out of, or makes any breach in, a cell or other place within a prison in which he is confined.

Escape and Being at Large Without Excuse

33. Everyone commits an offense who;

  1. escapes from lawful custody, or;
  2. is, before the expiration of a term of imprisonment to which he was sentenced, at large in or out of Tresario space without lawful excuse.

PART IV. OFFENSES AGAINST THE PERSON AND REPUTATION

Section I. Homicide

Murder

34. Every one commits an offense who kills a Sentient being with the intent or malice.

Manslaughter

35. Everyone commits an offense who causes the kills a Sentient through reckless acts.

Section II. Endangerment of Persons

Bodily Harm

36. Everyone commits an offense who;

  1. Intentionally causes bodily harm to another Sentient being, or;
  2. Causes harm because of reckless acts.

Dangerous Operation of Ships or Vehicles

37. Everyone commits an offense who, through acts of reckless use of Ships or vehicles, intentional or otherwise, causes harm to another sentient being.

Section III. Assaults

Assault

38. Everyone commits an offense who;

  1. attempts to cause serious bodily injury to another sentient being
  2. causes such injury purposely, knowingly, or recklessly in circumstances where the person has exhibited indifference to sentient life
  3. attempts or causes bodily injury to another person with a deadly weapon.

Section IV. Kidnapping, Trafficking in Persons, and Hostage Taking

Kidnapping

39. Everyone commits an offense who;

  1. By using force to make someone enter a ship or vehicles against their will, or;
  2. Uses methods of non force, such as mind control, to make someone enter a ship or vehicle they normally would not enter.

 

Trafficking in Persons

40. Everyone commits an offense who does the acts of recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use by force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving and receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

 

Hostage Taking

41. Everyone commits an offense who takes a person captive for the purpose of gaining leverage over another, in order to get money, weapons, power, and any other gains of any kind.

 

PART VI. FRAUDULENT CONTRACTS AND TRADE

Section I. Fraudulent Contracts

42. Everyone commits an offense who enter into, or seek to enter into, a contract that is either fraudulent in the inducement of the contract or fraudulent in the execution of the contract. Contracts must be entered into, and executed in good faith.

Section II. Fraudulent Trade

43. Everyone commits an offense who enter into, or seek to enter into, a trade that is either fraudulent in the inducement of the trade or fraudulent in the execution of the trade. Trading must be entered into, and executed in good faith.

 

PART VII. ATTEMPTS — CONSPIRACIES — ACCESSORIES

Section I. Attempt

Attempt

44. Everyone commits an offense who has failed to commit the guilty act of the full offense, but has the direct and specific intent to commit that full offense.

 

Abandonment

45. Abandonment is the act of walking away from the crime before committing it. For this to be accepted as a defense, the reason for abandoning cannot be:

  1. To postpone the criminal conduct to a more advantageous time, or to transfer the criminal effort to another but similar objective or victim, or;
  2. The abandonment was merely reacting to circumstances that increase the probability of detection or apprehension, or;
  3. The abandonment was a reaction to a change in circumstances that makes the crime harder to commit.

 

Section II. Conspiracies

Conspiracies

46. Everyone commits an offense who has conspired with multiple people to break a law at some time in the future.

Section III. Accessories

Accessories

47. Everyone commits an offense who assists in the commission of a crime, but who does not actually participate in the commission of the crime as a joint principal.

 

PART VIII. Charges and SANCTIONS

Section I. List of Charges

Charges

48. The charges that a person can be charged with are as followed, but not limited to:

 

OFFENSES AGAINST PUBLIC ORDER

1. High treason

Whoever commits any of the acts mentioned in Paragraph 6, shall be guilty under this title.

2. Treason

Whoever commits any of the acts mentioned in Paragraph 7, shall be guilty under this title.

3. Rebellion

Whoever incites, sets in motion, assists, or engages in any rebellion or insurrection against the authority of the Tresario Star Kingdom or the laws thereof, or gives aid or comfort thereto, shall be guilty under this title.

4. Seditious Conspiracy

If two or more persons in any place subject to the jurisdiction of the Tresario Star Kingdom, conspire to overthrow, put down, or to destroy by force the Hall or Government of the Tresario Star Kingdom, or to levy war against it, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the Tresario Star Kingdom, or by force to seize, take, or possess any property of the Tresario Star Kingdom contrary to the authority thereof, they shall each be guilty under this title.

 

5. Activities Affecting Armed Forces

Whoever, with intent to interfere with or influence the loyalty, morale, or discipline of the military forces of the Tresario Star Kingdom advises, counsels, urges, or in any manner causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military shall be guilty under this title.

 

6. Espionage

Whoever obtains information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Tresario Star Kingdom, or to the advantage of any foreign state, and transmits or communicates it is guilty of espionage.

 

7. Piracy

Whoever commits any murder or robbery, or any act of hostility against the Tresario Star Kingdom, or against any citizen thereof, in the course of galactic travel or trade, under color of any commission from any foreign state or person, is guilty of piracy.

 

OFFENSES AGAINST THE PERSON

1. Murder

Whoever, with intent to cause the death of another person, causes the death of such person or of a third person is guilty of murder.

 

2. Manslaughter

Whoever recklessly causes the death of another person is guilty of manslaughter.

 

3. Reckless Endangerment of Persons

Whoever engages in conduct which places a person or persons at risk for harm or injury or potential harm or injury is guilty of reckless endangerment of persons.

 

4. Assault

Whoever, recklessly or with intent to cause physical injury to another person, causes such injury to such person or to a third person is guilty of assault.

 

5. Harassment

Whoever, with intent to harass, demean, annoy, threaten, or alarm another person, engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy another person is guilty of harassment.

 

6. Kidnapping

Whoever intentionally and unlawfully restricts a person's movements in such manner as to interfere with his liberty by confining him without consent and with knowledge that the restriction is unlawful is guilty of kidnapping.

OFFENSES AGAINST PROPERTY

1. Trespass

Whoever knowingly enters or remains unlawfully in or upon premises is guilty of trespass.

 

2. Burglary

Whoever knowingly enters or remains unlawfully in or upon premises with intent to commit a crime therein is guilty of burglary.

 

3. Theft

Whoever, with intent to deprive another of property or to appropriate the same, wrongfully takes, obtains or withholds such property is guilty of theft.

 

4. Reckless Endangerment of Property

Whoever engages in conduct which places property at risk for harm or potential harm is guilty of reckless endangerment of property.

 

5. Criminal Mischief

Whoever, recklessly or with intent to damage property of another person, and having no right to do so, damages property of another person is guilty of criminal mischief.

 

OFFENSES AGAINST PUBLIC ADMINISTRATION

1. Bribery

Whoever confers, or offers or agrees to confer, any benefit upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced is guilty of bribery.

 

2. Bribe Receiving

Whoever solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced is guilty of bribe receiving.

 

3. Perjury

Whoever swears falsely in testimony or with intent to mislead a public servant in the performance of his official functions is guilty of perjury.

 

4. Obstruction

Whoever intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function is guilty of obstruction.

 

5. Official Misconduct

Whoever, with intent to obtain a benefit or deprive another person of a benefit, knowingly commits an act relating to his official office but constituting an unauthorized exercise of his official functions is guilty of official misconduct.

6. Defection to Enemy Faction

Whoever leaves Tresario Star Kingdom to join a enemy faction, whether Tresario is at a state of war or not, is guilty of Defection to Enemy Faction.

7. Insubordination

Whoever deliberately disobeys a lawful order from a commanding officer, is guilty of Insubordination.

INCOHATE OFFENSES

1. Attempt

Whoever, with intent to commit a crime, engages in conduct which tends to effect the commission of such crime is guilty is attempt.

 

2. Conspiracy

Whoever, with intent that conduct constituting a crime be performed, agrees with one or more persons to engage in or cause the performance of such conduct is guilty of conspiracy.

 

Section II. Sanctions

Sanctions

49. Sanctions, including but not limited to the following, may be imposed upon any person found guilty of violating the Criminal Code:

I. Imprisonment

II. Expulsion

III. Removal from Office

IV. Suspension of Duty

V. Demotion

VI. Fine

VII. Restitution

VIII. Probation

IX. Warning

RESTRICTIONS

I. Sanctions are imposed and in effect pending any appeal.

II. Type, duration, severity, and conditions shall be determined by and at the discretion of the magistrate at the time of sanctioning.

 

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