1729 Act for the Commutation of Punishment through Voluntary Service

The 1729 Act for the Commutation of Punishment through Voluntary Service was proposed to the Chamber of Guilds and Corporations by the Unified Governorates delegation of the Nationalist and Humanist Party on 10.IV.1729 AN.

An Act for the Commutation of Punishment through Voluntary Service

Whereas, the Benacian Union recognises the paramount importance of maintaining public order, safeguarding the integrity of its institutions, and protecting the well-being of its subjects,

Whereas, certain heinous crimes pose a grave threat to the harmonious fabric of society and the fundamental principles upon which the Union-State is built,

Whereas, the Benacian Labour Reserve offers an alternative avenue for the rehabilitation and reintegration of offenders into society,

Be it enacted by the Chamber of Guilds and Corporations of the Benacian Union:

Article One: Capital Punishment Mandate

1.1. The following crimes shall be punishable by capital punishment:

1.1.1. High treason, including offences against the Harmonious Society, the Coordinated State, and the Union Covenant.

1.1.2. Other offences against the State.

1.1.3. Offences against public order, including riot and destruction of flood defences and bridges.

1.1.4. Offences against the administration of justice.

1.1.5. Offences against public health.

1.1.6. Offences against public revenue, including smuggling.

1.1.7. Petty treason and murder.

1.1.8. Stabbing, maiming, and shooting at any person.

1.1.9. Rape, forcible abduction, and other sexual offences.

1.1.10. Simple grand larceny and allied offences.

1.1.11. Burglary and allied offences.

1.1.12. Larceny from the person.

1.1.13. Larceny and embezzlement by servants, public employees, clerks, and other agents.

1.1.14. Blackmail.

1.1.15. Offences by bankrupts.

1.1.16. Forgery of deeds, bonds, testaments, bills of exchange, stocks, stamps, banknotes, etc.

1.1.17. Falsely personating another with intent to defraud.

1.1.18. Destroying property to the prejudice of insurance companies.

1.1.19. Coinage offences.

1.1.20. Malicious injuries to property, including arson.

1.1.21. Piracy.

1.2. With the exception of 1.1.1. (High Treason) and 1.1.21. (Piracy), the penalty of capital punishment shall not be applied to subjects registered as resident in the realms of Ransenar or the Sovereign Confederation, providing that they were resident therein at the time of the commissioning of the offence, unless specifically requested by the judicial authorities of said realm.

Article Two: Commutation through Voluntary Enlistment

2.1. Individuals convicted of crimes punishable by capital punishment may petition for commutation of their sentence through voluntary enlistment in the Benacian Labour Reserve for a period of twenty years.

2.2. The Benacian Labour Reserve shall provide opportunities for rehabilitation, retraining, and productive employment to subjects who opt for commutation of their sentence.

2.3. Upon successful completion of their term of service in the Benacian Labour Reserve, individuals shall be reintegrated into society as productive subjects, with all rights and privileges pertaining to the status of a meritorious subject of the lowest grade restored, and permitted to return to their original bailiwick of residence.

2.3.1. Subjects who, if assessed by the Benacian Censorate to pose a continued threat to the Harmonious Society and Coordinated State upon the completion of their voluntary service, are deemed ineligible for rehabilitation shall be resettled as protected persons on Naudia'Diva or the Iridian Isles for the remainder of their natural life.

Article Three: Implementation and Enforcement

3.1. The Benacian Censorate, in collaboration with relevant agencies of the Union-State and its subject realms, shall oversee the implementation and enforcement of this Act.

3.2. Adequate provisions shall be made for the appropriate and efficient administration of justice, ensuring due process and protection of individual rights in line with the assessed station of category and rank, with due regard to the obligations of service arising thereof, as noted by the Benacian Censorate in regards to the subjects concerned.

3.3. The Benacian Labour Reserve shall be adequately resourced and equipped to accommodate individuals opting for commutation of their sentences.

Article Four: Amendment and Repeal

4.1. This Act may be amended or repealed by the Chamber of Guilds and Corporations of the Benacian Union, provided that any such amendment or repeal is in accordance with the provisions of the Charter of the Benacian Union and the Union Covenant.

Article Five: Effective Date

5.1. This Act shall come into effect on the date of its publication in the official gazette of the Benacian Union.