The Code of Criminal Procedure of the State of San Andreas

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The Code of Criminal Procedure of the State of San Andreas

Post by Natehn on Tue Jul 17, 2018 2:17 pm



San Andreas State's Penal Code Procedural



Absolutuum dominium

Introduction

The law reads and applies according to some principles: no retroactive effect, the need does the law, the coercive measures taken before the judgment cannot exceed the maximum sentence incurred, the offense is characterized by three elements: legal element (a violated law or decree), the material element (the proof, even if it is human), and the moral element (intention or obvious negligence).

In terms of criminal procedure, this code has priority of reading and application on all others.
Criminal (or "criminal") justice is rendered by its representatives, the Judges, organized in Court (s), presided over by one or more presidents.

The Judges interpret the law and make justice enforced by the executive authorities.

All the actors of Justice swear by the simple fact of entering into an audience, to tell the whole truth and nothing but the truth, without omission, deformation, or other alteration of it. The violation of this oath is considered perjury.

The criminal procedure is carried out in accordance with the constitutional rules.




Chapter I: Justice's actors

Article I - Police force
A. (Control) Police force is subject to the authority of the Office of the Prosecutor in their criminal investigations and judicial proceedings. They are also submitted to the Court in the course of the trials (as soon as the indictment) in progress, which, by injunction, can command them superiorly to the Office of the Prosecutor.

B. (Jurisdiction)
Any criminal investigation action carried out in the territory of San Andreas is subject to this code.

C. (Direct Action) The police may impose a fine when they blatantly record the commission of a criminal or road offense that is not punishable by detention or execution and for which the fine incurred is less than or equal to $ 2,500.
In the same way they may, for offenses against the Highway Code, pronounce the penalty of withdrawal of points relating to this offense.

D. (Control) The police have the right to temporarily immobilize a person for the strict time necessary for their identification. This identity check only takes place if the police have a reasonable suspicion against the individual allowing them to think that he is involved (as a perpetrator or not) in a criminal offense committing, having already committed or preparing to be committed.
If need be, the police officer can compel the individual to provide him with his identity papers. If the individual is unable to provide these papers directly to the officer, the officer may transport him to a secure place to formally verify his identity. This verification will not last longer than necessary. The individual is not at this time accused of any fact and therefore does not enjoy the rights of the accused.
Such control can be conducted without reasonable suspicion if the Prosecutor so requires.
During one of these checks, on the requisition of the Office of the Prosecutor or on reasonable suspicion if the police officer has a legitimate reason to believe that the individual is armed and dangerous or carrying an unlawful effect, he may proceed with a search, the passage of a metal detector or the passage of another detection means (including a police dog) to detect them.
A search or a palpation out of these cases is forbidden, except in the other cases envisaged by this code.

To be continued...
-Nathan Woods ((OOC))
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Natehn

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