Lex Cornelia poenalis (Nova Roma)

Latest revision as of 06:45, 28 December 2021

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Introduction: Nova Roma must have a method to administer and adjudicate conflicts between citizens. This has been an area of ongoing concern since Nova Roma was created. The most recent attempt, the Leges Salicia, have not been successful. There are multiple problems with the Leges Salicia. The recent unpleasantness with the trials that Nova Roma have gone through have proven beyond a doubt that Nova Roma needed to rethink how we balance the need for conflict resolution while taking steps to ensure the protection of the Organization. This law achieves that balance.

I. The lex Salicia iudiciaria and the lex Salicia poenalis are repealed.

II. Any attempt to introduce or change the current judicial system or administratively alter the procedures within and for Nova Roma, other than those processes outlined in this lex, shall be illegal.

III. The judicial system of Nova Roma shall be based solely on the Code of Conduct as defined in this lex.

IV. Only the praetors, consuls, censors and Senate shall enforce and administer the Code of Conduct.

V. The Code of Conduct shall be applicable and have legal force within:

a. All official fora under the control of the praetors

b. Those communication venues under the care, custody and control of the Senate

c. Those communication venues under the care, custody and control of the provincial governors.

d. Those communication venues under the care, custody and control of official Nova Roman sodalities, as defined by the Senate.

e. Those communication venues under the care, custody and control of the Collegium Pontificum or the Collegium Augurum as defined by the collegium concerned and such definition being ratified by the Senate.

f. Official Nova Roman in-person meetings, authorised and/or sponsored by a magistrate of Nova Roma, the Senate, the Collegium Pontificum, the Collegium Augurum or a provincial magistrate.

VI. The Code of Conduct shall be as follows:

a. A person who advocates or otherwise promotes or publicises a prohibited course of action in any area as defined at section V above, or commits an act in support of such a course of action, whether such act is successful in its execution or not, shall be deemed to have breached the Code of Conduct.

b. The following are courses of action that are, for the purposes of section II.B.4 of the Nova Roman Constitution, deemed to represent and imminent and clear danger to the Republic and are thus prohibited for the purposes of section VI.a above together with the relevant penalty schedule (as defined below) that shall apply :

i. The overthrow and/or replacement of a magistrate(s), official (elected or appointed) and/or Senate of Nova Roma by any method that is illegal and/or unconstitutional (schedule I)

ii. Threats of violence, intimidation or harm to person(s) or threats to damage property (schedule I)

iii. The theft of, or destruction or damage to corporate assets (schedule I)

iv. The provision of data or information from any Nova Roman record or database to an unauthorised person or organization. Exceptions are for the purpose of complying with a legal demand by macronational authorities, and in order to protect and/or preserve the corporate status of Nova Roma Inc. (schedule I)

v. The dissolution of Nova Roma by any method that is illegal and/or unconstitutional (schedule II)

vi. The removal of the religio publica as the official religion of Nova Roma by any method that is illegal and/or unconstitutional (schedule II)

vii. The surrender or sabotage of the corporate status of Nova Roma Inc. by any method that is illegal and/or unconstitutional (schedule II)

viii. Public displays of hatred towards any person, or group of persons, based on colour, race, religion, ethnic origin, gender or sexual orientation (schedule III)

ix. Extolling the benefits and/or values of an organization deemed by the Senate to be a competing organization (schedule III)

x. Resigning from any magistracy or office at a time critical to the security and/or well-being of Nova Roma, where such resignation would likely pose an imminent and clear danger to the continued survival, or orderly functioning of, Nova Roma, and where no other magistrate or official of equal or greater authority currently holds office, or where such other magistrate or official is unavailable (schedule IV)

xi. Engaging in a pattern of behaviour and communication during a comitia summons, with the intended result of disrupting and/or terminating any vote within that comitia that is illegal and/or unconstitutional (schedule IV)

xii. Engaging in a pattern of behaviour and communication that violates the Terms of Service (ToS) of any communication venue owned by a third party service or company, and which Nova Roma utilizes, thereby imperilling, impeding or preventing Nova Roma’s right to use that communication venue. (schedule IV)

c. Any citizen of Nova Roma may present a praetor with a complaint alleging a breach of the Code of Conduct. Upon receipt of such information the praetor must within 7 calendar days of such receipt review the evidence presented as well as any other evidence which the praetor subsequently discovers upon investigation of the allegation. If the praetor upon review of such evidence concludes there is no breach of the Code of Conduct no further action shall be taken. If the praetor considers that there is reasonable suspicion that a breach of the Code of Conduct has occurred, then:

i. The praetor must then contact the person at section VI.a and request an explanation for the alleged breach of the Code of Conduct and require an answer within 14 calendar days.

ii. Should no answer be received by the praetor within 14 calendar days then the person at section VI.a shall be automatically deemed to have breached the Code of Conduct.

iii. Should an answer be received within 14 calendar days the praetor shall review it and determine if:

1. A response can be made from the individual accused and/or by a representative on behalf of the accused.

2. There is no clear and convincing evidence of the accused having violated the Code of Conduct. If that is the case, no further action shall be taken.

3. There is evidence a breach has occurred but mitigating circumstances exist. If there is evidence of such then the praetor has the discretionary power to issue a warning and not impose a penalty, or should the praetor not wish to exercise that discretion a level (a) penalty under the relevant schedule shall be imposed. Should a person who has been warned previously commit further similar or greater, as defined by the praetor, breaches of the Code of Conduct then this discretionary power shall not be exercised and a level (c) penalty under the relevant schedule shall be imposed.

4. There is evidence a breach has occurred and there are no mitigating circumstances and no aggravating circumstances. If there is evidence of such, then the praetor shall impose a level (b) penalty under the relevant schedule.

5. There is evidence a breach has occurred and there are no mitigating circumstances and aggravating circumstances exist. If there is evidence of such, then the praetor shall impose a level (c) penalty under the relevant schedule.

6. If If there is a guilty decision on any item covered under section v.b.i – v.b.xiii, then the praetor shall transfer authority over the matter to the princeps senatus, who shall issue a call to convene the Senate into a formal meeting of the Senate in session, as defined by the SENATUS CONSULTUM DE RATIONE SENATUS MMDCCLXV. The princeps senatus shall present the Senate with such evidence and the matter shall be debated by the Senate. The princeps senatus shall present a draft senatus consultum to the Senate that asks it to decide whether the alleged breach has occurred and to approve the sentencing of the infraction according to the schedule listed in this lex.

a. The princeps senatus shall have the administrative discretion to judicially review the administrative process conducted by the Praetor, can conduct necessary discovery, and recommend alternative sentences. The only limitation is that the princeps senatus cannot impose any sentence in excess of the schedule listed in this lex.

7. In assessment of evidence, or mitigating circumstances or aggravating circumstances, the praetor shall determine those by use of his/her own judgement.

8. If any punishment is so warranted by any empowered magistrate or empowered individual covered in section iii before said punishment may be applied it must be reviewed by the Senate of Nova Roma. If the Senate of Nova Roma does not approve by consent of the voting members of the senate (simple majority of all senators present) then the punishment is voided and not applied. Only after the consent of the Senate may any punishment be applied.

iv. The following define Schedule I to Schedule IV penalties:

1. Schedule I (levels a, b and c)

a. Mitigation: Banishment from Nova Roma for 10 years to 19 years. Upon any return of Nova Roman citizenship: loss of the right to stand for any public office for a further 5 years from the date of return.

b. No mitigation and no aggravating circumstances: Banishment from Nova Roma for 20 years to 29 years. Upon any return of Nova Roman citizenship: loss of the right to stand for any public office for a further 7 years from the date of return.

c. No mitigation and aggravating circumstances: Banishment from Nova Roma for 30 years to 99 years. Upon any return of Nova Roman citizenship: perpetual loss of the right to stand for any public office.

2. Schedule II (levels a, b and c)

a. Mitigation: Banishment from Nova Roma for 4 years to 5 years. Upon any return of Nova Roman citizenship: loss of the right to stand for any public office for a further 1 year from the date of return.

b. No mitigation and no aggravating circumstances: Banishment from Nova Roma for 6 years to 7 years. Upon any return of Nova Roman citizenship: loss of the right to stand for any public office for a further 2 years from the date of return.

c. No mitigation and aggravating circumstances: Banishment from Nova Roma for 8 years to 9 years. Upon any return of Nova Roman citizenship: loss of the right to stand for any public office for a further 4 years from the date of return.

3. Schedule III (levels a, b and c)

a. Mitigation: Banishment from Nova Roma for 1 year.

b. No mitigation, no aggravating circumstances: Banishment from Nova Roma for 2 years.

c. Aggravating circumstances: Banishment from Nova Roma for 3 years.

4. Schedule IV (levels a, b and c)

a. Mitigation: Loss of membership from all areas at section V that the person at VI.a might legitimately be admitted to at the time of the imposition of the penalty and loss of voting rights and right to stand for any public office for, or be appointed to, any office or position in Nova Roma, for 6 months to 1 year

b. No mitigation, no aggravating circumstances: Loss of membership from all areas at section V that the person at VI.a might legitimately be admitted to at the time of the imposition of the penalty and loss of voting rights and right to stand for any public office for, or be appointed to, any office or position in Nova Roma, for 1 year to 5 years

c. Aggravating circumstances:  : Loss of membership from all areas at section V that the person at VI.a might legitimately be admitted to at the time of the imposition of the penalty and loss of voting rights and right to stand for any public office for, or be appointed to, any office or position in Nova Roma for 5 year to 10 years

v. Where a range of years in the form of a penalty exists, the praetor shall, at his or her own discretion, choose the exact amount of years from within that range, excluding section VI.c.III.5 where the vote of the Senate imposes the penalty and level.

vi. The right of appeal upon imposition of a penalty under this lex shall be defined as the exercise of the right of provocatio, as per section II.B.5 of the Nova Roman Constitution.

vii. The mechanism for imposing the penalty shall be by means of a praetorial edict issued by the presiding praetor. The censors must upon publication of the praetorial edict record the details of the penalty in the Album civium entry for the person at VI.a.

d. The praetor shall use his/her own judgement in determining the facts of a matter, and/or evaluating evidence in respect of that matter, concerning an alleged breach of the Code of Conduct. This also applies to the Senate with regard to judicial review of any guilty verdict.

e. In cases where there is a difference between the decision of the Praetor and a decision reached by the Senate of Nova Roma the decision by the Senate of Nova Roma is the decision of final resort.

f. There shall be a limitation on the period of time for each breach during which the actions described in this lex can be utilized and after that time no action shall be taken, dated from the time and date offense or action. The limitations according to the associated schedule number for the breach concerned are:

i. Schedule I: 10 years

ii. Schedule II 5 years

iii. Schedule III: 3 years

iv. Schedule IV: 1 year

VII. Rights of all citizens under this lex.

a. Citizens have the right to know who their accuser is.

b. Citizens have a right to a defense and may seek representation. Citizens also have a right to know the accusations and evidence presented against them.

c. Any punishment determined by the praetor is suspended and shall not take effect until the Senate ratifies that punishment by vote.

VIII Upon enactment of this lex, the only lawful method of subsequently superseding, amending or repealing this lex must be by way of a vote in the Comitia Centuriata that must achieve an extraordinary majority of 2/3s or greater (67% or greater) of the total Centuries.