Penal Code

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The above Offense is a Capital Offense.
The above Offense is a Capital Offense.
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<b>Section 35 - Restricted Technology
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<b>Section 35 - Restricted Technology</b>
Clause 35.1 - Trade Federation Restricted Technology Act
Clause 35.1 - Trade Federation Restricted Technology Act

Revision as of 19:30, 5 February 2013

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ARTICLE I - GENERAL PROVISIONS

Section 1 - Preliminary

Clause 1.1 - Purpose The Government of the Trade Federation was founded on the principles of honor, integrity and profit. In accordance with the first and second of these principles, and in relation to the third, the following Code defines offenses deemed to be against the interest of the Trade Federation, and the respective punishments for the commission of those offenses.

Clause 1.2 - Applicability This Code has full force and effect upon: - all members, citizens, employees and agents of the Trade Federation, - all foreigners who are within Trade Federation space, as defined by the Trade Federation, and - any sentient being who may have committed an offense against the Trade Federation, or whose intentions are to harm the interest of the Trade Federation.

Clause 1.3 - Classes of Offenses This Code recognizes the following offenses: - Capital Offenses - Felony Offenses - Misdemeanor Offenses

Clause 1.4 - Judicial Procedures

All sentient beings accused of a violation of this Code, by an authorized agent of the Trade Federation, are to be considered guilty of the act until such a time as the accused has proven their innocence before a Sector Judge, Justice, or the Chief Justice of the Trade Federation. - The ruling of a Sector Judge or Justice can only be overruled by the Chief Justice, and the final ruling of the Chief Justice can only be overruled by the Viceroy. - The accused party is not allowed to petition for a review of any ruling, only the appropriate authority may choose to review any ruling.

Section 2 - Inchoate Crimes

Clause 2.1 - Criminal Attempt A sentient being is guilty of an attempt to commit an offense, if, acting with the kind of intent otherwise required for commission of the offense, the being purposely engages in conduct that would constitute the offense.

Clause 2.2 - Criminal Solicitation A sentient being is guilty of solicitation to commit an offense if with the purpose of promoting or facilitating the commission the being commands, encourages or requests another being to engage in specific conduct that would constitute such offense or an attempt to commit such offense.

Clause 2.3 - Criminal Conspiracy A sentient being is guilty of conspiracy with another being or beings to commit an offense if with the purpose of promoting or facilitating its commission the being agrees with such other being or beings that they or one or more of them will engage in conduct that constitutes such offense or an attempt or solicitation to commit such offense.

Section 3 - Punishments

Clause 3.1 - Purpose Section 3 is an effort to standardize the punishment of all offenses committed against the Trade Federation and its citizens, as well as all offenses committed within Trade Federation space.

Clause 3.2 - Levels of Punishments This Code recognizes the following punishments: - Level A: Execution - Level B: Expulsion - Level C: Imprisonment - Level D: Demotion - Level E: Loss of Pay

Clause 3.3 - Classes of Offenses and Punishments This Code reserves punishments as to the offenses as described below: - Capital Offenses can be punishable at any and all levels. - Felony Offenses can be punishable at Level B and below. - Misdemeanor Offenses can be punishable at Level D and belo.

ARTICLE II -DEFINITION OF SPECIFIC CRIMINAL OFFENSES

OFFENSES AGAINST FEDERATION CITIZENS

Section 10 - Murder

Clause 10.1 - Murder Murder is defined as an act that: (a) is committed with purpose, with knowledge; or (b) with recklessness under circumstances manifesting extreme indifference to the value of any sentient being’s life. Murder is a Capital Offense, punishable by execution.

Clause 10.2 - Manslaughter Manslaughter is defined as an act that: (a) is committed with recklessness; (b) under the influence of extreme mental or emotional disturbances for which there is a reasonable explanation or excuse; or (c) with negligence. Manslaughter is a Felony Offense.

Section 11 - Assault; Threats

Clause 11.1 - Assault Assault is defined as an act that: (a) is committed with purpose, with knowledge, or with recklessness that results in bodily injury to another. Assault is a Misdemeanor Offense.

Clause 11.2 - Aggravated Assault Aggravated Assault is defined as an act that: (a) is committed with purpose, with knowledge, or with recklessness to cause serious bodily injury under circumstances manifesting extreme indifference to the value of any sentient being’s life; or (b) any assault that is committed with a deadly weapon. Aggravated Assault is a Felony Offense.

Clause 11.3 - Threats Threats are defined as acts that: (a) threaten to commit any crime of violence with purpose to terrorize another or to cause serious public inconvenience; or (b) are committed with reckless disregard of the risk of causing such terror or inconvenience. Threats are Misdemeanor Offenses.

Section 12 - Kidnapping and Related Offenses

Clause 12.1 - Kidnapping Kidnapping is defined as an act that: (a) is committed by a sentient being unlawfully removes another from their place of residence or business, or a substantial distance from the vicinity where they are found, or if the sentient being unlawfully confines another for a substantial period of time in a place of isolation. Kidnapping is a Felony Offense.

Clause 12.2 - False Imprisonment False Imprisonment is defined as any act that: (a) restrains another sentient being unlawfully so as to interfere substantially with their liberty. False Imprisonment is a Misdemeanor Offense.

OFFENSES AGAINST FEDERATION PROPERTY

Section 20 - Property Destruction

Clause 20.1 - Property Destruction Property Destruction is defined as any act that: (a) is committed with purpose or with knowledge that results in the destruction of any building or occupied structure of another sentient being. Property Destruction is a Felony Offense.

Clause 20.2 - Reckless Destruction Reckless Destruction is defined as any act that: (a) is committed with reckless disregard of the risk of causing such destruction to any building or occupied structure of another sentient being. Reckless Destruction is a Misdemeanor Offense.

Section 21 - Burglary and Other Criminal Intrusion

Clause 21.1 - Burglary Burglary is defined as an act that: (a) is committed by a sentient being entering a building or occupied structure, or separately secured or occupied portion thereof, with purpose to commit a crime therein. Burglary is a Felony Offense.

Clause 21.2 - Criminal Trespass Criminal Trespass is defined as an act that: (a) is committed by a sentient being entering and/or remaining in any place where they are not licensed or privileged to be. Criminal Trespass is a Misdemeanor Offense.

Section 22 - Theft and Related Offenses

Clause 22.1 - Theft Theft is defined as an act that: (a) is committed by a sentient being unlawfully taking and/or exercising unlawful control over the property of another with the purpose to deprive them of their property. Theft is a Felony Offense

Clause 22.2 - Theft by Deception; Extortion The above Theft is defined as an act that: (a) is committed by a sentient being employing deceptive means and/or threats to take unlawful control over the property of another with the purpose to deprive them of their property. The above Theft is a Felony Offense.

Clause 22.3 - Theft of Property Lost, Mislaid, or Delivered by Mistake The above Theft is defined as an act that: (a) is committed by a sentient being who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake, and fails to take reasonable measures to restore the property to a person entitled to have it. The above Theft is a Misdemeanor Offense.

Clause 22.4 - Receiving Stolen Property Receiving Stolen Property is defined as an act that: (a) is committed by a sentient being who with purpose or with knowledge receives, retains, or disposes of property of another knowing that is has been stolen, or believing that is has probably been stolen. Receiving Stolen Property is a Misdemeanor Offense.

Section 23 - Forgery and Fraudulent Practices

Clause 23.1 - Forgery Forgery is defined as an act that: (a) is committed by a sentient being who seeks to defraud anyone by altering any writing of another without authority; (b) making, completing, executing, authenticating, issuing or transferring any writing so that it purports to be the act of another who did not authorize that act; or (c) uttering any writing which they know to be forged in a manner specified in paragraphs (a) and/or (b) above. Forgery is a Felony Offense.

Clause 23.2 - Impersonation Impersonation is defined as an act that: (a) is committed by a sentient being who seeks to defraud anyone by purporting to be in a position and/or rank to do an act which they are unauthorized and/or unprivileged to do. Impersonation is a Felony Offense.

OFFENSES AGAINST THE FEDERATION

Section 30 - Bribery and Corrupt Influence

Clause 30.1 - Bribery Bribery is defined as an act that: (a) is committed by a sentient being who offers, confers or agrees to confer upon another, or solicits, accepts or agrees to accept from another; (b) any benefit as consideration for the recipient’s decision, opinion, recommendation, vote or other exercise of discretion as a public servant of the Trade Federation; (c) any benefit as consideration for the recipient’s decision, opinion, recommendation, vote or other exercise of discretion as in a judicial or administrative proceeding; or (d) any benefit as consideration for a violation of a known legal duty as a public servant of the Trade Federation. Bribery is a Felony Offense.

Section 31 - Perjury

Clause 30.1 - Perjury Perjury is defined as an act that: (a) is committed by a sentient being who in any official proceeding makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a statement previously made, when the statement is material and they do not believe it to be true. Perjury is a Misdemeanor Offense.

Section 32 - Obstructing Governmental Operations

Clause 32.1 - Resisting Arrest Resisting Arrest is defined as an act that: (a) is committed by a sentient being who prevents an authorized agent of the Trade Federation from effecting a lawful arrest or discharging any other duty. Resisting Arrest is a Misdemeanor Offense.

Clause 32.2 - Hindering Apprehension; Prosecution Hindering Apprehension and/or Prosecution is defined as an act that: (a) is committed by a sentient being who with purpose to hinder the apprehension, prosecution, conviction or punishment of another for a crime, they; (b) harbor or conceal the other; (c) provide or aid in providing a weapon, transportation, disguise or other means of avoiding apprehension or effecting escape; or (d) conceals or destroys evidence of the crime, or tampers with a witness, informant, document or other source of information. Hindering Apprehension and/or Prosecution is a Misdemeanor Offense.

Clause 32.3 - Escape Escape is defined as an act that: (a) is committed by a sentient being who unlawfully removes themself from official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period. Escape is a Felony Offense.

Section 33 - Riot; Disorderly Conduct

Clause 33.1 - Riot Riot is defined as an act that: (a) is committed by three or more sentient beings in a course of disorderly conduct with the purpose to; (b) commit or facilitate the commission of a capital, felony or misdemeanor offense; or (c) prevent or coerce official action. Participating in a Riot is a Felony Offense.

Clause 33.2 - Disorderly Conduct Disorderly Conduct is defined as an act that: (a) is committed by a sentient being who with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk; (b) engages in fighting or threatening, violent behavior; (c) makes unreasonable noise or offensively coarse utterance, gesture or display, or addresses abusive language to any person present; or (d) creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor. Disorderly Conduct is a Misdemeanor Offense.

Section 34 - Contraband and Slavery

Clause 34.1 - Trade Federation Contraband Act All substances and/or items defined by the Trade Federation as harmful or potentially harmful to the Trade Federation are defined within the Trade Federation Contraband Act and are subject to the following offenses.

Clause 34.2 - Wrongful Use and/or Possession of Contraband The above Offense is defined as an act that: (a) is committed by a sentient being who unlawfully uses and/or possesses any substance and/or item of contraband, as defined by the Trade Federation Contraband Act. The above Offense is a Misdemeanor Offense.

Clause 34.3 - Wrongful Trade and/or Manufacture of Contraband The above Offense is defined as an act that: (a) is committed by a sentient being who unlawfully distributes, manufactures, imports into or exports from the territory of the Trade Federation, or introduces into any Trade Federation controlled entity (facility, ship, etc.) any substance and/or item of contraband, as defined by the Trade Federation Contraband Act. The above Offense is a Felony Offense.

Clause 34.4 - Wrongful Possession and/or Trade of Slaves The above Offense is defined as an act that: (a) is committed by a sentient being who unlawfully uses, possesses, distributes, enslaves, imports into or exports from the territory of the Trade Federation, or introduces into any Trade Federation controlled entity (facility, ship, etc.) any slave(s). The above Offense is a Capital Offense.

Section 35 - Restricted Technology

Clause 35.1 - Trade Federation Restricted Technology Act All items defined by the Trade Federation as restricted by the Trade Federation are defined within the Trade Federation Restricted Technology Act and are subject to the following offenses.

Clause 35.2 - Wrongful Use and/or Possession of Restricted Technology The above Offense is defined as an act that: (a) is committed by a sentient being who unlawfully uses and/or possesses any restricted item, as defined by the Trade Federation Restricted Technology Act. The above Offense is a Misdemeanor Offense.

Clause 35.3 - Wrongful Trade and/or Manufacture of Restricted Technology The above Offense is defined as an act that: (a) is committed by a sentient being who unlawfully distributes, manufactures, imports into or exports from the territory of the Trade Federation, or introduces into any Trade Federation controlled entity (facility, ship, etc.) any restricted item, as defined by the Trade Federation Restricted Technology Act. The above Offense is a Felony Offense.

Section 36 - Piracy

Clause 36.1 - Piracy Piracy is defined as an act that: (a) is committed by a sentient being who engages in any unlawful acts with purpose for personal gains by the crew and/or passengers of a private ship, and directed against another ship, and/or sentient beings or property on such ship; or (b) voluntary participation in the operation of a ship with knowledge that the ship is operating as a ship of piracy. Piracy is a Capital Offense.

Section 37 - Treasonous Criminal Activity

Clause 37.1 - Unwarranted Exchange with Non-Approved Individuals and/or Organizations (Black Listed) The above Offense is defined as an act that: (a) is committed by a sentient being who, without authorization, communicates, corresponds or holds any intercourse with a “Black Listed” individual and/or organization, as defined by the Trade Federation. The above Offense is a Felony Offense.

Clause 37.2 - Aiding the Enemy Aiding the Enemy is defined as an act that: (a) is committed by a sentient being who aids, or attempts to aid an enemy of the Trade Federation with arms, ammunition, supplies, credits, or items of detriment to the Trade Federation; or (b) without authorization, with knowledge harbors, protects, provides intelligence, communicates, corresponds or holds any intercourse with an enemy of the Trade Federation, either directly or indirectly. Aiding the Enemy is a Capital Offense. Clause 37.3 - Espionage Espionage is defined as an act that: (a) is committed by a sentient being with purpose to be a detriment to the Trade Federation and/or with purpose to advantage an individual and/or organization over the Trade Federation; (b) communicates, delivers, transmits, or attempts to communicate, deliver, transmit to any individual and/or organization, either directly or indirectly, any document, writing, note, instrument or appliance of information relating to the security of the Trade Federation. Espionage is a Capital Offense.

Clause 37.4 - Spying Spying is defined as an act that: (a) is committed by a sentient being with purpose to be a detriment to the Trade Federation and/or with purpose to advantage an individual and/or organization over the Trade Federation; (b) observes and reports of any activity of any facility, ship, station, etc., within the control of the Trade Federation and/or any activity of any facility, ship, station, etc., engaged in providing a service to the Trade Federation. Spying is a Capital Offense.

Clause 37.5 - Treason Treason is defined as an act that: (a) is committed by a sentient being with purpose to threaten the security of the Trade Federation; (b) employs force or violence; (c) communicates to an enemy of the Trade Federation, military and/or scientific information that is known to be a significant risk to the safety or defense of the Trade Federation; (d) conspires with any other sentient being to commit any act of treason and manifests an intention to commit that act; (e) conspires with any other sentient being to commit high treason. Treason is a Capital Offense.

Clause 37.6 - High Treason High Treason is defined as an act that: (a) is committed by a sentient being with purpose to threaten the security of the Trade Federation; (b) murders or attempts to murder, harms, maims or wounds, or imprisons or restrains a member of the Trade Federation Cabinet and/or Directorate, (c) wages war against the Trade Federation, or commits any act of preparation to do so; (d) assists an enemy at war with the Trade Federation, or any armed force engaged in hostilities with the Trade Federation, outside a state of war. High Treason is a Capital Offense, punishable only by a Level A penalty.

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