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Criminal law in Sanama (Third Republic): Difference between revisions

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| Misdemeanour D || – 2 months
| Misdemeanour D || – 2 months
|-
|-
| Unlawful impersonation
| rowspan=2 | Unlawful impersonation
| Felony F || 1 – 5 years
| rowspan=2 | Unlawful impersonation consists of actions where one person impersonates another person by using that person's identity documents, thereby causing some sort of damage.
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| Misdemeanour A || 6 months – 2 years
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| rowspan=3 | Violation of integrity
| Felony E || 2 – 10 years
| rowspan=3 | 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.
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| Felony F || 1 – 5 years
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| Misdemeanour A || 6 months – 2 years
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| rowspan=2 | Molestation
| Misdemeanour A || 6 months – 2 years
| rowspan=2 | 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.
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| Misdemeanour B || – 1 year
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| rowspan=2 | Unlawful intrusion
| Misdemeanour A || 6 months – 2 years
| rowspan=2 | 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.
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| Violation of integrity
| Misdemeanour B || – 1 year
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|-
| Molestation
| rowspan=2 | Unlawful surveillance
| Felony F || 1 – 5 years
| rowspan=2 | Unauthorised recording or surveillance of conversations or other communications are only allowed by certain government agencies, otherwise it constitutes a crime.
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| Unlawful intrusion
| Misdemeanour A || 6 months – 2 years
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|-
| Unlawful surveillance
| rowspan=2 | Breach of data secrecy
| Felony E || 2 – 10 years
| rowspan=2 | The government and other actors hold electronic information about citizens and legal entities in trust. This section criminalises all unauthorised access to such information.
|-
|-
| Breach of data secrecy
| Felony F || 1 – 5 years
|-
|-
| colspan=4 bgcolor=lavender align=center | '''Crimes regarding sexuality'''
| colspan=4 bgcolor=lavender align=center | '''Crimes regarding sexuality'''
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| Felony C || 10 – 30 years
| Felony C || 10 – 30 years
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|-
| Sexual assault
| rowspan=2 | Sexual assault
| Felony E || 2 – 10 years
| rowspan=2 | Sexual assault is a lesser form of rape, encompassing illegal behaviour that do not meet all the necessary conditions to constitute rape.
|-
|-
| Sexual coercion
| Felony F || 1 – 5 years
|-
|-
| Sexual molestation
| 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.
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| Lewd and lascivious act
| Misdemeanour A || 6 months – 2 years
| Description
|-
|-
| rowspan=2 | Rape against a child
| rowspan=2 | Rape against a child
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| Aggravated rape against a child
| Aggravated rape against a child
| Felony A || Life; natural life
| 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.
| 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
| rowspan=2 | Sexual assault against a child
| Felony C || 10 – 30 years
| rowspan=2 | This section is used when a sexual assault is committed against a child under 16 years of age.
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| Sexual coercion against a child
| Felony D || 5 – 20 years
|-
|-
| Sexual molestation against a child
| 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
| Lewd and lascivious act against a child
| Felony F || 1 – 5 years
| Description
|-
|-
| Grooming
| Grooming
|-
|-
| Procuring
| Procuring
|-
| Lechery
|-
|-
| colspan=4 bgcolor=lavender align=center | '''Crimes against property'''
| colspan=4 bgcolor=lavender align=center | '''Crimes against property'''

Revision as of 08:11, 20 October 2020

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.

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
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.
Misdemeanour A 6 months – 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
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.
Misdemeanour A 6 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.
Felony F 1 – 5 years
Misdemeanour A 6 months – 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.
Misdemeanour A 6 months – 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 Description
Rape against a child Felony A 30 – 40 years; life; natural life Forced intercourse or intercourse while unconscious, or other comparable act, against a child under the age of 16.
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 Description
Grooming
Procuring
Lechery
Crimes against property
Theft
Grand theft
Grand theft auto
Burglary
Robbery
Aggravated robbery
Armed robbery
Criminal conversion
Taking without owner's consent