Criminal law in Sanama (Third Republic)

Criminal law in Sanama (Third Republic) is mainly a national concern, with certain exceptions. After the federal system was abolished in 1687, the national government is responsible for criminal law for most of Sanama. Cisamarra and Thanatos however make their own criminal laws in devolved matters, excluding such areas as the national government is responsible for, such as counterfeiting, treason and terrorism. Highpass as a former federal territory comes under the same criminal law as Sanama proper, with the caveat that Highpass may at any time make its own criminal law in devolved matters.

Criminal code

Sanama proper

Criminal law in Sanama proper is enacted in the Criminal Code Act of 1688, consolidating all legislation with criminal penalties into a single act. Parts of it apply to all of Sanama, concerning matters where the national government is responsible for legislation, while the other parts only apply to Sanama proper and, as of 1689, Highpass. All crimes are classified into a class and a grade. The three classes are felonies, misdemeanours and infractions. The grade is indicated with a letter from A to F. In the case of attempt, conspiracy and preparation, the court classifies the crime as if it had been completed, and after that it can be downgraded one, two or three classes depending on various factors. An attempted aggravated assault C could therefor be downgraded to either Felony D, E or F. However, if the perpetrator fails to meet the various conditions for downgrading, they will be sentenced according to the original classification, but in the lower parts of the sentencing range.

Class	Grade	Standard sentencing range
Felony	A	30 – 40 years, life, natural life
	B	20 – 40 years, life
	C	10 – 30 years
	D	5 – 20 years
	E	2 – 10 years
	F	1 – 5 years
Misdemeanour	A	6 months – 2 years
	B	– 1 year
	C	– 6 months
	D	– 2 months
Infraction		Fine

Crime	Class	Penalty	Comment
Crimes against life and health
Murder	Felony A	30 – 40 years; life; natural life	One of the most severe crimes, involves the intentional taking of another human life.
Manslaughter	Felony B	20 – 40 years; life	Intentional taking of another human life but with regards to mitigating circumstances not classified as murder.
	Felony C	10 – 30 years
Assault	Felony C	10 – 30 years	Intentional inflicting of physical harm on another human person. Depending on severity of the violence and damage caused either classified as a C, D or E felony. The lesser form of assault is termed battery.
	Felony D	5 – 20 years
	Felony E	2 – 10 years
Battery	Felony F	1 – 5 years	A lesser form of assault, involving anything from striking another person with an open hand, to grabbing an arm causing bruises. Also often used for first-time offenders.
	Misdemeanour A	6 months – 2 years
	Misdemeanour B	– 1 year
	Misdemeanour C	– 6 months
	Misdemeanour D	– 2 months
Aggravated assault	Felony B	20 – 40 years; life	The severe form of assault. Offenders are prosecuted under this statute when the assault results in severe and permanent physical damage, or if the severe violence is directed towards a child or a public servant. Also frequently used as an alternative charge to murder or manslaughter when the inquisitor fails to prove intent to kill.
	Felony C	10 – 30 years
Assault with a deadly weapon	Felony B	20 – 40 years; life	An alternative charge to aggravated assault when the perpetrator uses a deadly weapon, such as a firearm or sharp object.
Involuntary manslaughter	Felony E	2 – 10 years	Involuntary manslaughter involves the unintentional taking of a human life. Gross negligence or recklessness is usually required. Two exceptions to that rule are involuntary manslaughter while committing a felony, which is usually prosecuted as murder or manslaughter, and involuntary manslaughter while driving under the influence of alcohol or other drugs, which is usually prosecuted as manslaughter C.
	Felony F	1 – 5 years
Involuntary battery	Felony F	1 – 5 years	The unintentional infliction of bodily harm is prosecuted under this section. Negligence or recklessness is usually required.
	Misdemeanour A	6 months – 2 years
	Misdemeanour B	– 1 year
Reckless endangerment	Felony F	1 – 5 years	Anyone that unintentionally exposes another person to possible physical harm through reckless behaviour or gross negligence can be prosecuted under this section.
	Misdemeanour A	6 months – 2 years
	Misdemeanour B	– 1 year
Crimes against freedom and peace
Kidnapping	Felony B	20 – 40 years; life	Kidnapping involves taking control of another person and transporting or imprisoning that person, with the intent of inflicting physical harm, extortion or to force the person to perform an action. The kidnapping of a child or public servant is always prosecuted as kidnapping B, with enhanced sentencing depending on intent.
	Felony C	10 – 30 years
	Felony D	5 – 20 years
Trafficking	Felony A	30 – 40 years; life; natural life	Trafficking is a specialised section of the Criminal Code, concerned with people being lured or forced into the sex industry or other forms of slavery, such as illegally coerced military service, organ harvesting or other exploitative activity. If a child is involved, it is always prosecuted as Trafficking A with enhanced sentencing.
	Felony B	20 – 40 years; life
Human exploitation	Felony C	10 – 30 years	Human exploitation is a lesser form of trafficking for non-sexual purposes and not involving children. Often used to prosecute offenders that fail to meet all the necessary conditions for prosecution under the trafficking statute.
	Felony D	5 – 20 years
False imprisonment	Felony E	2 – 10 years	Lesser form of kidnapping, used when the offender fails to meet all the necessary conditions of the kidnapping statute.
	Felony F	1 – 5 years
Unlawful coercion	Felony D	5 – 20 years	Unlawful coercion is the act of forcing another person to act, suffer or not to act through violence or by threatening to commit criminal acts. Other coercive actions are also covered.
	Felony E	2 – 10 years
	Felony F	1 – 5 years
Stalking	Felony E	2 – 10 years	The stalking statute is meant to criminalise repetitive abuse behaviour including battery, threats, coercion, molestation, criminal damage, and other similar crimes. Usually prosecuted as an add-on charge together with the constituent criminal activities.
	Felony F	1 – 5 years
Unlawful threat	Felony F	1 – 5 years	Unlawful threat is the act of intentionally causing a fear in another person of being made the victim of violence, coercion, destruction of property or otherwise, through criminal activities. Note that the sentencing guideline for misdemeanour A deviates from the standard.
	Misdemeanour A	– 2 years
Home invasion	Misdemeanour A	6 months – 2 years	Home invasion is the act of unlawfully gaining access to a domicile, or remaining in a domicile after the owner has explicitly asked the culprit to leave.
	Misdemeanour B	– 1 year
	Misdemeanour C	– 6 months
	Misdemeanour D	– 2 months
Unlawful entry	Misdemeanour B	– 1 year	Unlawful entry is the same acts as described in the home invasion statute, but applicable to other buildings and structures than domiciles.
	Misdemeanour C	– 6 months
	Misdemeanour D	– 2 months
Unlawful impersonation	Felony F	1 – 5 years	Unlawful impersonation consists of actions where one person impersonates another person by using that person's identity documents, thereby causing some sort of damage. Note that the sentencing guideline for misdemeanour A deviates from the standard.
	Misdemeanour A	2 months – 2 years
Violation of integrity	Felony E	2 – 10 years	An amendment to the criminal code passed in 1689 added the violation of integrity section. This section criminalises behaviour such as spreading information or pictures of other people in a private or personal situation, such as sexual activity or health status, when the spreading of such information is aimed at causing damage. Note that the sentencing guideline for misdemeanour A deviates from the standard.
	Felony F	1 – 5 years
	Misdemeanour A	– 2 years
Molestation	Misdemeanour A	6 months – 2 years	Molestation is a non-violent disturbance aimed at another person, either physical or other inconsiderate actions, with the intent of causing major discomfort or offence. This statute is balanced against freedom of speech and other civil rights.
	Misdemeanour B	– 1 year
Unlawful intrusion	Misdemeanour A	6 months – 2 years	Unlawful intrusion is when a person gains unlawful access to a message, letter or other document that is kept under seal or otherwise not meant for that person.
	Misdemeanour B	– 1 year
Unlawful surveillance	Felony F	1 – 5 years	Unauthorised recording or surveillance of conversations or other communications are only allowed by certain government agencies, otherwise it constitutes a crime. Note that the sentencing guideline for misdemeanour A deviates from the standard.
	Misdemeanour A	– 2 years
Breach of data secrecy	Felony E	2 – 10 years	The government and other actors hold electronic information about citizens and legal entities in trust. This section criminalises all unauthorised access to such information.
	Felony F	1 – 5 years
Crimes regarding sexuality
Rape	Felony D	5 – 20 years	Forced intercourse or intercourse while unconscious, or other comparable act. Force includes violence but also threats of violence or other criminal acts, or intimidation.
	Felony E	2 – 10 years
	Felony F	1 – 5 years
Aggravated rape	Felony B	20 – 40 years; life	Aggravating circumstances are for example the severity of the violence or if there was more than one perpetrator.
	Felony C	10 – 30 years
Sexual assault	Felony E	2 – 10 years	Sexual assault is a lesser form of rape, encompassing illegal behaviour that do not meet all the necessary conditions to constitute rape.
	Felony F	1 – 5 years
Sexual molestation	Felony F	1 – 5 years	Sexual molestation is for example sexual touching of another person without consent, but not rape or sexual assault.
Lewd and lascivious act	Misdemeanour A	6 months – 2 years	A person that exposes themselves, make lewd unwanted comments or gestures, would be prosecuted under this section unless a case can be made for sexual molestation or assault.
Rape against a child	Felony A	30 – 40 years; life; natural life	Intercourse or other comparable act with a child under the age of 16. Note that children under the age of 16 are not considered to be able to consent to sexual activity.
	Felony B	20 – 40 years; life
Aggravated rape against a child	Felony A	Life; natural life	To be considered aggravated rape the child must be of a particularly low age, have been subjected to particularly cruel or severe violence, or have been assaulted by more than one person. Note that the sentencing guideline for this crime deviates from the standard in that a life sentence is usually mandatory.
Sexual assault against a child	Felony C	10 – 30 years	This section is used when a sexual assault is committed against a child under 16 years of age.
	Felony D	5 – 20 years
Sexual molestation against a child	Felony E	2 – 10 years	Sexual molestation is for example sexual touching of a child, but not rape or sexual assault.
Lewd and lascivious act against a child	Felony F	1 – 5 years	A person that exposes themselves, make lewd comments or gestures, directed against a child, would be prosecuted under this section unless a case can be made for sexual molestation or assault.
Grooming	Felony E	2 – 10 years	An adult seeking to meet a child under 16 for sexual activity would be prosecuted under this section, unless a case can be made for sexual molestation, assault or rape.
	Felony F	1 – 5 years
Procuring	Felony E	2 – 10 years	Profiteering from prostitution, or promoting prostitution in any way. Note that the prostitution of children is considered to be either conspiracy to commit or aiding and abetting rape against a child and would be prosecuted as such.
	Felony F	1 – 5 years
Lechery	Misdemeanour A	– 2 years	Lechery is abnormal indulgence in sexual activity, or promiscuous sexuality. Considered by many to be a moralistic relic from Shirerithian rule. Note that the sentencing guideline deviates from the standard.
Crimes against property
Theft	Felony E	2 – 10 years	The act of theft encompasses the taking of something that belongs to another with the intent of permanently depriving the other of it.
	Felony F	1 – 5 years
	Misdemeanour A	6 months – 2 years
	Misdemeanour B	– 1 year
Grand theft	Felony D	5 – 20 years	Grand theft is the aggravated form of theft. For a charge to be enhanced to grand theft, one of several elements are needed, such as theft through burglary, if the act involved the taking of something someone was carrying on their person, if the perpetrator was armed, or if the value of the stolen was especially high.
Vehicular taking	Felony F	1 – 5 years	Vehicular taking is the act of taking a vehicle belonging to another and using it, without intent of permanently depriving the other of it. Note that the sentencing guideline for misdemeanour A deviates from the standard.
	Misdemeanour A	– 2 years
Burglary	Felony F	1 – 5 years	Burglary involves trespassing by entering a building or a vehicle, or loitering at a premise, with intent to commit any crime. This crime may be enhanced to robbery if a burglar with the intent to commit theft confronts the owners of a house for example, or to grand theft if the burglar commits an act of theft.
	Misdemeanour A	6 months – 2 years
Robbery	Felony C	10 – 30 years	Robbery involves the taking of property with intent to permanently deprive the owner of it, by use of force, threats, or other such conduct, or after having been caught committing theft, resists the owner's legal attempts to retake their property.
	Felony D	5 – 20 years
	Felony E	2 – 10 years
Aggravated robbery	Felony B	20 – 40 years; life	Aggravated robbery is committed when the perpetrator is armed with a deadly weapon, if a large number of people are subjected to violence or violent threats, or if the value of the stolen property is particularly high.
	Felony C	10 – 30 years
Unlawful consumption	Felony F	1 – 5 years	Unlawful consumption involves the illicit consumption of a utility. Note that the sentencing guideline for misdemeanour A deviates from the standard.
	Misdemeanour A	– 2 years
Taking without owner's consent	Felony F	1 – 5 years	Taking without owner's consent is the act of taking something belonging to another and using it, without intent of permanently depriving the other of it.
	Misdemeanour A	6 months – 2 years
	Misdemeanour B	– 1 year
	Misdemeanour C	– 6 months
	Misdemeanour D	– 2 months
Fraud and similar offenses
Fraud	Felony D	5 – 20 years	Fraud involves gaining a benefit by deceitful actions, that is damaging to another person. Note that the sentencing guideline for misdemeanour A deviates from the standard.
	Felony E	2 – 10 years
	Felony F	1 – 5 years
	Misdemeanour A	– 2 years
Extortion	Felony C	10 – 30 years	Extortion involves forcing someone else through threats to do something that is gainful for the perpetrator while damaging to the victim. This act could constitute robbery. Note that the sentencing guideline for misdemeanour A deviates from the standard.
	Felony D	5 – 20 years
	Felony E	2 – 10 years
	Felony F	1 – 5 years
	Misdemeanour A	– 2 years
Usury	Felony F	1 – 5 years	Usury involves taking advantage of another person's situation or ignorance to gain an unproportional advantage during a legal act, like the signing of a contract.
	Misdemeanour A	6 months – 2 years
	Misdemeanour B	– 1 year
Handling stolen property	Felony E	2 – 10 years	Handling stolen property is to knowingly gain from someone else's criminality and similar actions, like disposing of stolen property.
	Felony F	1 – 5 years
	Misdemeanour A	6 months – 2 years
	Misdemeanour B	– 1 year
Racketeering	Felony C	10 – 30 years	Partaking in or gaining from an organised criminal enterprise.
	Felony D	5 – 20 years
	Felony E	2 – 10 years
	Felony F	1 – 5 years
Illegal price manipulation	Felony E	2 – 10 years	The illegal manipulation of prices by spreading false information.
	Felony F	1 – 5 years
Embezzlement, bribery and offenses against creditors
Embezzlement	Felony E	2 – 10 years	Embezzlement involves the undue disposal of entrusted property, if the perpetrator gains and the victim loses.
	Felony F	1 – 5 years
	Misdemeanour A	6 months – 2 years
	Misdemeanour B	– 1 year
Unlawful disposal	Felony F	1 – 5 years	Acts that do not meet all the conditions of the embezzlement statute can be prosecuted under this section.
	Misdemeanour A	6 months – 2 years
	Misdemeanour B	– 1 year
Breach of trust	Felony F	1 – 5 years	In other cases than embezzlement and unlawful disposal, anyone in a position of trust to handle a financial or technical issue that abuses said trust, and thereby causes financial loss, can be prosecuted for breach of trust.
	Misdemeanour A	6 months – 2 years
	Misdemeanour B	– 1 year
Corruption	Felony D	5 – 20 years	An employee that accepts or demands an undue reward for performing their duties is liable for prosecution for corruption.
	Felony E	2 – 10 years
	Felony F	1 – 5 years
	Misdemeanour A	6 months – 2 years
Bribery	Felony D	5 – 20 years	A person that offers a reward as mentioned in the corruption section is guilty of bribery.
	Felony E	2 – 10 years
	Felony F	1 – 5 years
	Misdemeanour A	6 months – 2 years
Reckless corruption support	Felony F	1 – 5 years	Anyone who through gross negligence or recklessness promotes or gains from corruption or bribery can be prosecuted under this section. Note that the sentencing guideline for misdemeanour A deviates from the standard.
	Misdemeanour A	– 2 years
Illegal use	Misdemeanour A	6 months – 2 years	Anyone who causes loss or damage due to the unauthorised use of another's property can be prosecuted for illegal use.
	Misdemeanour B	– 1 year
Failure to return lost property	Misdemeanour C	– 6 months	Each person that comes into possession of stolen or possibly stolen property is obliged to report it to the police.
	Misdemeanour D	– 2 months
Fraudulence against creditors
Aggravation of bankruptcy
Recklessness or negligence against creditors
Undue favour toward creditor
Accounting offence