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I, eccentrus, First of Xia, shall hereby interpret the ruling of the parliament, the GAFAP Act, to have me act as Chief Judge as ruled in the constitution.
I, in my prerogative as Chief Judge shall hereby declare the procedures of this institution.
Article I
Initiation of Court
The initiation of a court would be established by two clauses, first is the criminal clause to be conducted in offense of the Aytian Criminal Law, hereby as of 23rd of July 2014 is presumed to be the criminal law of the 1st republic, and the second would be the private clause conducted when a member of the Aytian society accuses another of a wrongdoing otherwise unspecified in the law.
I.1 Initiation of Court under the criminal clause
A court examining a criminal conduct shall be initiated as in the following
- Apprehension of the suspect in the middle of a crime or, following a report of crime by the citizens to the constabularies of the state in which the evidence in the report is deemed adequate by the constable to be presented as a case.
- The Constable of the State modmails this subreddit (/r/AytosCourts) for the crime to be formally noticed.
- The Chief Judge appoints one of the judges to administer the process of court
- The presiding judge then posts a thread in this subreddit (/r/AytosCourts) in the format of "[Name of Criminal] v. The People of Aytos"
- The presiding judge would then mail the suspect notifying the suspect of the initiation of the court process and granting the suspect the right to appoint a representative.
- A court examining the crime shall then have been declared to be initated by the Court.
I.2 Initiation of Court under the private clause
A court examining a wrongdoing conduct otherwise not declared in the criminal law shall be initiated as in the following
- A citizen of Aytos or his representative modmails this subreddit (/r/AytosCourts) a report containing evidence of a wrongdoing for it to be formally noticed by the court.
- The Chief Judge will then counsel the whole body of judiciary to discuss if there have been a severe breach of ethics resulting in lasting or prominent damage to the accuser warranting a process of court to be solved.
- If then a severe wrongdoing have been found by the judiciary, the court would then notice the accused of the initiation of the process and grant the accused the right to appoint a representative to the court.
- A judge will then be appointed to preside over the case and would then post in a thread this subreddit (/r/AytosCourts) in the format of "[Name of the Accuser] v. [Name of the Accused]"
- A court case examining a wrongdoing shall then have been declared to be initiated by the Court.
Article II
The Process of Court
The Process of Court shall be established within the two clauses as desribed by Article I.
II.1 Process of Court under the Criminal Clause
Under the Criminal Clause, there shall be two sides defending their case in Court.
- The Prosecutor, hereby representing both the victim of the crime and the Sovereign
- The Defender, hereby representing the suspect
The Prosecutor will be represented in the Court in the form of a member of the constabulary who have been presiding over the case.
The Defender may represent him/herself or may appoint a representative to defend him/her in court.
The Process of Court under he Criminal Clause shall be conducted as in the followings
- The Presiding Judge declaring the court open to public and asks the Prosecutor to present their case.
- The Prosecutor would present the case, the charges against the law, the manner, the location, time of the crime, and persons involved shall all be mentioned as well as the intentions of the involved persons shall be declared. The Prosecutor shall not fail to mention the damages done to the victim.
- The Presiding Judge will then ask the Defender to plea. The Defender may plea guilty/not guilty in this stage.
- If the Defendant pleaded guilty, then the Court process will skip through to sentencing.
- If The Defender pleaded not guilty, the Defender would then present the case from the Defender's point of view, following the same format as the Prosecutor.
- The Presiding Judge will then ask the Prosecutor to present evidences and testimonies.
- The Prosecutor then shall present the evidence and testimonies one by one.
- The Presiding Judge shall then ask the Prosecutor to produce any more evidence/testimonies until the Prosecutor is exhausted of evidence/testimonies.
- At the interval between evidences and testimonies, The Defendant is given the right to comment once on each evidence/testimony, and for the Prosecutor to counter-comment also once. The Defendant and Persecutor shall wait for the Presiding Judge's permission before posting their comment.
- The Presiding Judge then asks the Defendant to produce counter-evidences or counter-testimonies
- The Defender then may produce a detached reply to the main post containing counter-evidence or counter-testimonies in the same manner. Usage or summoning the same witness as the Prosecutor is allowed.
- The Presiding Judge would then deliberate by weighing the evidences and testimonies on both side. The Presiding Judge would be given a maximum of 48 hours to re-examine the case before announcing a decision
- The Presiding Judge then declare the guilt or innocence of the Defender as well as his sentence if any.
II.2 Process of Court under the Private Clause
Under the Private Clause, there shall be two sides defending their case in Court
- The Accuser, hereby representing the recipient of the alleged wrongdoing
- The Accused, hereby representing the perpetrator of the alleged wrongdoing
Both the Accuser and the Accused may represent themselves in court or to choose a representative to defend their case
A court examining a wrongdoing under the private clause shall be conducted as in the following
- The Presiding Judge would open the case in public and asks the Accuser to present the accusation.
- The Accuser would present the accusation, the manner, the location, time of the wrongdoing, and persons involved shall all be mentioned as well as the intentions of the involved persons shall be declared. The Accuser shall not fail to mention the damages done to him/herself.
- The Presiding Judge would then ask the Accused to present their case from their point of view.
- The Accused would then present the case from the Accused's point of view, following the same format as the Accuser.
- The Presiding Judge would then ask the Accuser to present their evidence and testimonies.
- The Accuser then shall present the evidence and testimonies one by one.
- The Presiding Judge shall then ask the Accuser to produce any more evidence/testimonies until the Accuser is exhausted of evidence/testimonies.
- At the interval between evidences and testimonies, The Accused is given the right to comment once on each evidence/testimony, and for the Accuser to counter-comment also once. The Accused and Accuser shall wait for the Presiding Judge's permission before posting their comment.
- The Presiding Judge will then asks the Accused to produce counter-evidences, and counter-testimonies.
- The Accused then may produce a reply containing counter-evidence or counter-testimonies in the same manner as the Accuser. Usage or summoning the same witness as the Accuser is allowed.
- The Presiding Judge would then deliberate by weighing the evidences and testimonies on both side. The Presiding Judge would be given a maximum of 48 hours to re-examine the case before announcing a decision
- The Presiding Judge then declare the guilt or innocence of the Accused as well as his sentence if any.
II.3 Evidences and Testimonies in the Aytian Federal Court
The Aytian Federal Court shall only accept videos and screenshots as valid evidence of crime and wrongdoings, screenshots of citadel records are valid.
Testimonies shall be made by respectable individuals who are assented by both parties to be present at the time of the crime or wrongdoing.
Article III
Sentencing of the Aytian Federal Court
The Aytian Federal Court shall only have two sentences, guilty, or innocent.
After some time to deliberate as regulated by this accord, the Presiding Judge may then declare his/her sentence.
The sentence shall be posted as a reply to the court case in the following format "This Court hereby found [name of the Defender/Accused] to be guilty/innocent of the crime/wrongdoing against [The People of Aytos / name of the accuser]" followed by the contents of the sentence
III.1 Contents of a Sentence
- A guilty sentence of a crime shall contain the following, the end-time to be served, reparations to be paid for the damages, as well as cost for the court and incarceration. End-time shall be declared at minimum of a week, to be discounted with time served as the court process takes if the suspect was apprehended in middle of the crime. Reparations and end-time sentence shall follow those as mandated by law, or those established by the precedence of the previous court, or by direct deliberation made in counsel with the judiciary.
- An innocent sentence of a crime shall declare the Defended to be free of all charges claimed by the Prosecutor.
- A guilty sentence of a wrongdoing shall contain reparations of damages done to the accused as well as cost of court, but shall not contain any end-time.
- An Innocent sentence of a wrongdoing shall declare the Accused to be free of all accusations claimed by the Accuser.
Article IV
Ethics of Court Participants and the Contempt of Court
All participants in the court shall be following the process of court in a civil manner with emphasis on decorum. Failure to maintain decorum and breach of ethics in the part of the participants will result in Contempt of Court for the actors of the court process, and a dismissal of the Presiding Judge.
IV.1 Ethics of the Judge
A Presiding Judge of the Court is expected to do the following:
- To maintain order and decorum to keep the Court progressing in a Civil manner
- To not initiate or provoke any contempt of court
- To be balanced and to uphold the principle of presumption of innocence
- To remind and to inform court participants of the progress of court
- To follow all the formats mentioned in this accord, and to direct comments and counter-comments of evidences and testimonies in the relevant reply. This reminder and direction shall be given in the form of a permalink given to the parties involved to direct their replies.
- To remind the participants with the gavel strike to follow the procedures of the Court and also to remain ethical at all times.
- To do a background check on a proposed witness.
- To verify the claims and evidence handled in Court
- To refer to this accord to each and every participant of the Court before the initiation.
- To at all times refer to the participants according to their roles
IV.2 Ethics of the Court Participants
A Participant of the Court shall be expected to do the following:
- To maintain order and decorum to keep the Court progressing in a Civil Manner
- To not initiate or provoke any contempt of court
- To refrain from attacking the personality of the Defendant/Prosecutor or any of the participants of the Court
- To follow the direction of the Presiding Judge and to reply in the relevant comments.
- To not answer or post any comments before allowed by the Presiding Judge
- To refrain from conducting deception and disinformation in Court
- To refrain from making unnecessary and unrelated comments in Court
- To at all times refer to the Presiding Judge as "Your Honor"
IV.3 Ethics of the Public Viewers
Due to the public nature of the subreddit, there remains a need to remind the public viewers of their own role in the court.
A Public Viewer in Court is expected to not post at all in this subreddit and to not subscribe to this subreddit (/r/AytosCourts)
IV.4 The Contempt of Court
A Contempt of Court happens when the participants of Court fails to follow the ethics of the Court resulting in impediment of the process of Court.
A Contempt of Court by the participants of the Court shall result in a sentence of 24 hour end-time effective immediately.
A Presiding Judge shall strike a gavel each time a participant failed to follow the procedures, and after three strikes, or an immediate three strikes in severe cases, a participant is deemed to be in contempt of Court
A Presiding Judge who involved him/herself in a Contempt of Court shall be dismissed immediately and the case shall then be transferred to another judge.
Article V
Constitutional Courts of the Aytos Federal Supreme Court
As the execution of Article II.2 of the Constitution, A Constitutional Court is a special Court to be held in any event of aggrievement from the entity of the Republic of Aytos as petitioned by any of the people of Aytos
A Constitutional Court shall be held in the following format:
- Modmails or petitions made by citizens of Aytos directly to this subreddit (/r/AytosCourts), concerning an aggrievement in the form of a law or the action of the entity of the Republic of Aytos
- The Chief Judge select three judges to preside over the matter
- A post by the Chief Judge in this subreddit (/r/AytosCourts) in the format of "Constitutional Court: [Name of the law, article in question if relevant]" when concerning a law, or "Constitutional Law: [Name of the Petitioner (individual/organization/groups) v. The Government] In the event of an aggrieving action of the entity of the Republic of Aytos, or as [Appeal to X v. The Government, or "Constitutional Court Judgement (date of Judgement) on Name of the Law, article in question if relevant]
- Discussion between the presiding body of judiciary and the appealing will publicly take in the post inside this subreddit (/r/AytosCourts) to be available for the public.
- In the Discussion evidences and arguments shall be asked in civil and timely manner by the Presiding Judges.
- The Appealing may ask to produce evidence if necessary.
- The Constitutional Court may issue an adjournment of court to execute its powers as vested by Article II.2.3 of the Constitution.
- The Court shall resume after enough evidence is gathered.
- The Court then deliberates privately and issue its decisions as mandated by Article II.2.3 and II.2.4 of The Constitution
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