Divasan Penal Code (Divasan Republic)

The Divasan Penal Code is the foundation for criminal penalties and law enforcement in the Divasan Republic. It was originally authored on January 5, 487 by, and.

Adjustments were made by for its initial release on March 25, 488.

The Divasan Penal Code may be found at https://docs.google.com/document/d/1TN7fRuZwC-HS60mgxVnFHuRXBohMC6aPjPIfSwMBM-o/edit

Full text
Divasan Penal Code Written on the 5th of January 2019

Articles on the Principles of Penal Liability

 * 1) The perpetrator of an prohibited act does not commit an offence if guilt cannot be attributed to him at the time of the commission of the act.
 * 2) The Divasan penal law shall be applied to the perpetrator who committed a prohibited act within the territory of the Republic of Divasa, or on a Divasan vessel or aircraft, unless an international agreement to which the Republic of Divasa is a party stipulates otherwise.
 * 3) The perpetrator may be fined, receive restriction or deprivation of liberty (for a set of years or for life), or executed.
 * 4) The offence is either a crime or a misdemeanour.
 * 5) A prohibited act is committed with intent when the perpetrator intends to commit such a crime.
 * 6) A prohibited act is committed without intent when the perpetrator did not intend to commit such an act, but did so regardless because of negligence or recklessness.
 * 7) Whoever commits a prohibited act after having attained the age of 17 years shall be liable under the provisions of this Code, however with regard to the perpetrator who commits a prohibited act after having attained 16 years of age but before having reached the age of 18 years, the court shall, instead of a penalty, adopt educational, therapeutic, or corrective measures prescribed for juveniles, if the circumstances of the case and the mental state of development of the perpetrator, his characteristics and personal situation warrant it.
 * 8) The deprivation of civil [public] rights shall include the loss of military rank attained and demotion to the rank of private; the deprivation of civil rights also includes the loss of decorations, distinctions and honorary titles as well as the loss of the capacity of acquiring them during the period of the deprivation of rights.
 * 9) Deprivation of liberty shall be when one is subject to imprisonment and lack of freedom of movement and activities.

Articles on Specific Crimes and Their Punishments

 * 1) Whoever, against the consent of the former owner, takes someone else’s movable property shall be subject to the penalty of deprivation of liberty for a term of between 3 months and 5 years, and the property shall be returned. This crime shall be classified as a felony or misdemeanor upon the judge’s discretion.
 * 2) Whoever makes attempt on the life of the President of the Republic of Divasa shall be subject to the penalty of the deprivation of liberty for a minimum term of 25 years.  Whoever succeeds in his criminal intent and murders the President shall be instead sentenced to death by public execution. This crime is a felony.
 * 3) The Penal Code classifies homicides in three degrees:
 * 4) First degree murder is committed purposely, knowingly, and with intent to do so.  Perpetrators shall be subject to a deprivation of liberty of not less than 5 years, or execution.  This crime is a felony.
 * 5) Second degree murder is any killing committed as a result of recklessness.  Perpetrators shall be subject to a term of not less than three and not more than 20 years of deprivation of liberty. This crime shall be classified as a felony or misdemeanor upon the judge’s discretion.
 * 6) Third degree murder is any killing resulting from negligence.  Perpetrators shall be subject to a deprivation of liberty lasting not less than one year and not more than ten years. This crime shall be classified as a felony or misdemeanor upon the judge’s discretion.
 * 7) Whoever extracts goods, services, or money from another person by means of a threat of action or inaction against that person shall be subject to a deprivation of liberty of a term not less than three months and not less than 20 years.  The primary incentive for the victim to give to the offender must be the threat, and not any compensation the offender offers.  This crime shall be classified as a felony or misdemeanor upon the judge’s discretion.
 * 8) Whoever deprives another person of liberty without their consent shall be be subject to a term of deprivation of liberty not less than 3 years and not more than the rest of their lives.  This crim is a felony.
 * 9) Whoever damages or destroys another’s property without their consent shall be subject to a term of not less than one month and not more than 20 years of deprivation of liberty.  This crime shall be classified as a felony or misdemeanor upon the judge’s discretion.
 * 10) Whoever harms another in such a manner that is excruciatingly painful or that results in medical expenses shall be subject to a term of not less than one day and not more than 20 years of deprivation of liberty, or a fine of not less than 40 PHX and not more than 20,000 PHX, or a fine that covers the medical expenses of the victim, or a combination thereof.  This crime shall be classified as a felony or misdemeanor upon the judge’s discretion.  In cases where the injury results in permanent and harmful disability, the perpetrator shall be sentenced to a term of not less than ten years of deprivation of liberty.  This crime shall be classified as a felony.
 * 11) Whoever plots to overthrow or destroy the government of Dívasa or subsidiary thereof shall be labeled a traitor and executed.
 * 12) Whoever attempts to forcefully have intercourse without the other party’s consent shall be sentenced to not less than thirty years of deprivation of liberty.  If the victim was a child, the perpetrator shall be sentenced to a life of deprivation of liberty, or death.  Both crimes shall be classified as felonies.
 * 13) Judges shall retain the power to create precedent and punish people for new crimes when they arise.  Intent to commit any of these crimes shall also be criminal, but sentences may be reduced and felonies demoted to misdemeanors in these cases and if the judge decides so.

Attorney General
(1) The Office of the Attorney General is hereby established.

(2) The Attorney General shall be appointed by the President, by and with the consent of the House of Delegates.

Duties
(1) The Attorney General shall –
 * (a) issue guidelines to Federal Attorneys and inferior offices of the same kind.
 * (b) coordinate prosecution efforts.
 * (c) represent the Government in cases and trials, and
 * (d) administrate and approve requests for clerks from State Attorneys.

Crown Attorneys
(1) The President shall appoint, by and with the advice of the National Assembly, a Federal Attorney for each region of Divasa.

(2) Each Federal Attorney shall be appointed for a term of two months, a new Federal Attorney shall be appointed, subject to this section, and until then, the current Federal Attorney shall serve.

(3) Each Crown Attorney is subject to removal by the President.

(4) The Federal Attorneys shall serve in the Federal Attorney Service.

Oath of office
(1) Each Federal Attorney shall take an oath or affirmation to faithfully execute his duties, before taking office. Such oath or affirmation shall be administered by the Speaker of the House.

Duties
Each Federal Attorney shall –

(1) prosecute for all crimes against the Republic of Dívasa;

(2) defend or prosecute for the Government all civil actions in which the Government is involved or concerned; and

(3) and do such duties as the Attorney General may require of.

''Authored by Orstein15, TheCaptain157, and Morey Artus Marshall. Adjustments by JebJoesphWatson''