Posts : 13
Join date : 2010-10-31
Age : 48
Location : Ayr Capital, Ayr County, Scotland
|Subject: Foreign World Leaders - Conference & Ambassadors Tue Dec 14, 2010 10:20 pm|| |
Former outgoing Duke - Remmi is at conference
Ominus - current duke of ayr
Rothar - Chancellor
Beckiboo11 - Ayr Ambassador
Are all in attendance and representating Ayr County.
The conference is currently been held on a foreign web-site, at DeStryker family castle.
Under discussion is future treaties by the sea, and shiplanes, and what to do with pirates and trade, and new laws.
to try deter them.
Posts : 13
Join date : 2010-10-31
Age : 48
Location : Ayr Capital, Ayr County, Scotland
|Subject: Re: Foreign World Leaders - Conference & Ambassadors Tue Dec 14, 2010 10:33 pm|| |
Baldar - Vice Chancellor of England Embassies sent this - Draft version of a International Judicial Assistance Treaty
Handed out to all the leaders, chancellors, ambassadors at the conference.
Please any comments are useful and would be appreciated
- baldar wrote:
- As the people were reading the draft copy, Baldar stood to speak again,
My Lords and Ladies, I would also bring to the attention of the present an example of a possible Judicial treaty, to be part of the International treaty.
- Quote :
- International Judicial Assistance Treaty
- Quote :
- We, the people of xxxxx, and the people of xxxxxxx are proud of our Natioanl roots and culture, and devoted to the defence of our common values and laws. We share the same objectives in our beloved Kingdom of xxxxx, and xxxxxxof xxxxx.
We share the same will to punish all criminals and free our soil from their dirt.
In witness thereof, the xxxxxx of xxxxxx and xxxxx (the “Signatories”), through this treaty (the “Judicial Treaty”), are hereby joining our efforts, for the peace and prosperity of xxxxxx and xxxxx
From the deep of our hearts, we wish this Treaty to be extended to any future Duchy or Kingdom.
Article I - Governing principles
1. Upon the signing of this Judicial Treaty, the Signatories agree that no one should flee from legal proceedings or attempt escape from his/her Duchy’s authority.
2. A citizen prosecuted by one Signatory’s jurisdiction will be subject to the laws and customs of the Signatory where the alleged offence was committed.
Article II - Procedures
1. If an accused person flees from a Signatory (the Prosecuting Duchy) allied by this treaty in an attempt to flee justice, the Prosecuting Duchy authorities may require judicial assistance from the other Signatories. Should the accused person be located in another Signatories territory (the “Assisting Duchy”), then he will be either (i) extradited to the Prosecuting Duchy or, at the Assisting Duchy’s option, (ii) judged by the duly appointed judicial authorities or the Assisting Duchy.
In the latter case, there will be a full cooperation between prosecutors and judges from both Duchies in order that the defendant receives a judgment he would have received if he had not fled. The accused should also be provided a competent defence council in the Assisting Duchy.
2. The procedure will be the following:
- Indictment on demand by the Prosecuting Duchy. The Prosecuting Duchy prosecutor will write the bill of indictment. Proof of Evidence against the accused will be required from the Prosecuting Duchy to the Assisting Duchy prior to posting of any indictment.
- The whole procedure is under the primary jurisdiction of the Prosecuting Duchy. The Local Assisting Duchy Judge will write the sentence, but will show motives of his decision following the law of the Prosecuting Duchy.
- Collaboration is required between juridical authorities from both duchies in order to keep the laws of both the Prosecuting and Assisting Duchies respected and complied with.
1. The Duchy Councils, Dukes, their heirs, and successors are contractually obligated to respect the entire treaty. Disregard of any clause(s) within this treaty frees the other party of his commitment until a compensation is made/or agreements can be reached.
2. In the event the Castle of one Signatory is taken over, laws in effect prior to the rebel council being instituted will continue to be in effect, regardless of any actions by the rebel council. The judges and public prosecutors of the Signatories will work together for the equitable justice to be meted out.
3. A unilateral cancellation of present treaty in a peacetime context should comply with the process hereunder; otherwise, it would be assumed as a hostile act and could lead to a response by the offended party.
First, the Council of the Duchy that considers withdrawal will have to decide with a 75% majority to withdraw. Second, the Duke of the withdrawing Duchy will notify privately the other Signatory Dukes; then, an official and formal declaration (the “Termination Declaration”) will be published in the other Signatories' Inns. Copies should be posted in the Embassies as well.
Termination will take effect 3 full days after the Termination Declaration.
4. The termination process will not stop procedures already in progress pursuant to the present Treaty and will continue until judgment is rendered.
5. Any unilateral cancellation in a war situation will be assumed as a treason act and could lead to full retaliation.
6. A full or partial amendment of the treaty or even his cancellation can be decided by mutual consent.
7 - New members
Each new Duchy or Kingdom is invited to join, by countersigning the present Treaty.
However, if said integration of a new Duchy creates a major threat, any prior Signatory may, within 5 days after the adherence of the new Duchy, veto (by a Council decision) the admission of the new member. The new member shall however retain the right to make further admissions procedures.
The new membership will take effect only after the 5-day veto period has elapsed, assuming that no veto has been issued.
8. Any Constitution rightfully approved by the people of each Signatory, conflicting a clause in the present Treaty, will supersede the present Treaty’s clause.
Treaty of judicial cooperation among the XXX of XXX and the XXX of XXX
In their great wisdom,____________, The XXX of the XXX of XXX and xxx, xxx of xxx, have asked to put in writing the present Treaty of judicial cooperation that binds the people of the xxx of xxx and of the xxx of xxx, with the intent to establish and to preserve a lasting friendship.
Any individual that has committed an offence or a crime towards the law and the rules active in the territory of one of the two contractors will on request of a warrant for their arrest, to be sought and taken prisoner, after which with a decision made of communal accord, either extradited or put on trial by the judicial authorities on the territory of which the individual has been arrested .
Art. II –.
The common accord foresees a full and effective cooperation between prosecuting attorneys and judges of the two countries/counties so that the accused receives the same type of trial that he would have received if he/she had not run away from the justice of the requesting country (on the territory of which he/she has infringed the law), being the trial done for and on behalf of by proxy of the country that has sent forth the warrant for the arrest (The Requestor).
Art. III. –
The prosecuting Attorney of the Requestor is to compile the documents of accusation based on the Laws or customs on which the crime is reputed to have been done. These documents will be sent to the prosecutor of the country/County where the trial is taking place, complete with all evidence in his possession of the crime committed by the accused.
The requesting Judge must receive all the details of the trial.
The Requesting Judge will compile the sentence providing the acts and laws on which it is based, sending the documents to the prosecuting Judge presiding the trial, for his opinion. The Latter’s decision will be final, using the laws and acts of the accusing Country/County.
Art. IV -
The members of the prefecture, of justice and of the of the contracting parts (Prefects, Captains, Sergeants, Judges, Chancellors, and Attorneys) promise to actively collaborate so that the laws of the two countries are respected, particularly:
- sharing their information on the individuals or groups of individuals identified as potentially dangerous. Informing the other party by sending a Notice alert, of all the disorders and crimes that they could cause to a contractor on his/her territory.
- By enforcing the respect the law when an offence or crime has been committed and the accused is on the territory of one of the two contractors. The procedure foresees the issue of a warrant of arrest, which is a request to proceed to the investigation, to the arrest, to the accusation of the crime and the conviction of the accused.
Presented by an Official of the Requesting party, as follows:
Nature of the Request: warrant of arrest / Notice of alert
Sender ( name, Function)
Accused ( Name/Names)
Description of the Crime/offence or danger.
Location of the offence/crime and of offender or of the individuals
Complete file of the Evidence of the Case
The Laws and Articles on which the accusation is based.
IG identification of the individual/ Individuals
Art. VI –
The trial must not be superior to three weeks between the accusation and the pronunciation of the verdict. The Judge will ensure that the trial verdict is delivered within three weeks of the formal indictment. If the trial is not finished within this period the accused shall be acquitted.
Art VII -
The attached formalities, particularly those related to the rights of the accused will be discussed by the Judges, Attorneys and Prefects of the contractors. The Chancellors of the contractors will proceed to the archiving of the trials.
Art. VIII -
If one of the contracting parties wishes to terminate this Treaty it may do so by the Duke or Chancellor giving at least four days written notice to the other party's Duke and/or Chancellor. Each party shall then make known the termination of the Treaty in public forums. Termination shall not affect any case in progress in the Courts
Art. IX -
By mutual consent, the terms of this Treaty can be amended
Art. X - .
The present treaty goes into effect without limitation of time after the ratification by the contractors, and that it applies to their country/ County and their people.
Art XI -
This Judicial Treaty is written in English and is to be translated into the relevant language spoken by the xxx of xxxx. Both versions will be considered valid and correct, both the English Version and xxxxx version shall always be considered Legal and useable in the Courts of Law (This can be removed if treaty between English speaking Countries and Counties).