Argonath Constitution

From Argonath RPG wiki

This is the constitution that is in effect for the Argonath RPG SA-MP Server.

Section I: Constitution of Argonath.

• Ordinance I: This Constitution applies to the United State of Argonath into the San Andreas MP area and its establishments only.
• Ordinance II: Any citizen or visitor is forced to respect this constitution. Disrespecting the constitution or the laws is punishable by a fine, imprisoning or a court charge.
• Ordinance III: The President and the Prime Minister are the ultimate authority of the United State of Argonath.

Section II: The Constitution

• Ordinance I: There shall be no law respecting an establishment of religion, or prohibiting the free exercise of a religion; or abridging the freedom of speech (unless it includes personally insulting someone), or of the press; or the right of the people peaceably to assemble, and to petition the government for a decision thought to be unruly.
• Ordinance II: Due to the requirement of protection against terrorism, against doers of wrong, of ones own property, and the protection of the states themselves, the government shall not reject the right of citizens to bare arms. However, no weapon shall be in open sight without lawful purpose. This does not apply to appointed law enforcement agencies unless directed otherwise by appropriate law enforcement officials.
• Ordinance III: Because of the ownership of a property, an owner may lawfully request a person to leave their property. This does not include businesses which are public markets. The above ordinance does not apply to enforcers of law who have probable cause to be on the property. If the trespasser appears hostile or threatening, refer to Ordinance II. A business owner can still use his right of propriety in circumstances mentioned in Ordinance VIII.
• Ordinance IV: The right of the citizens to be secure in their own belongings against unreasonable searches shall not be violated without probable cause. A citizen may neither be arrested without a legal reason. A law enforcer is allowed to question a person if he has any reasonable motive to think this person is doing a suspicious act. The law enforcer cannot force a person to be put in detention in the only goal to interrogate him. If, in any case, the law enforcer had to transport the person to another area in order to interrogate him and the person is found not guilty, it is the law enforcer responsibility to transport or pay for a transport to carry the person back to his initial location where he was when he was approached to be interrogated.
• Ordinance V: Every citizen has the right to pursue happiness in this nation. This right shall be upheld unless the pursuit of happiness includes infringing laws set by the government. This understands that any citizen that has full attested rights (Passport) can own a house and a business. In the same vision, any citizen that has a driving license does have the legal right to own a vehicle. No one can restrict a citizen to access his house or his business whenever he wants, excepted if the restriction is given by a government official, a judge of justice or a law enforcer with a valid reason.
• Ordinance VI: Every resident of the nation has the right to assemble as a group or club in a peaceful way. A group or club that gather on the public place shall not block the circulation wither it is on sidewalk or on the road unless it is a national holiday or that a judge or a police chief has allowed the gathering and disturbance of circulation. Details can be required from the judge or the police chief. If the organizer is not able to provide required details, the gathering could be cancelled. Any form of gathering cannot obstruct the entrance to a governmental or private propriety. Only strikes can obstruct the entrance of a public propriety.
• Ordinance VII: The rights of citizens shall not be denied or abridged by the nation or by any state because of race, colour, religion, criminal history, or previous lifestyles. An organization can still deny a candidate to a job if they judge that the criminal history or previous lifestyle of a person could put in danger the organization or the security of the nation.
• Ordinance VIII: A business owner cannot deny access to a citizen into his establishment unless one of the following:
  • Ordinance VIII.I: The business is closed or reaching the closing time or is already at maximum capacity.
  • Ordinance VIII.II: A dress code is set or a membership is required to enter.
  • Ordinance VIII.III: The citizen has done, do or will cause problems such as violence; destruction; publicity against the establishment; publicity for another establishment without agreement of both owners; any sort of disrupting that could cause the business to not run normally.
• Ordinance IX: Any citizen has the right to move inside Argonath and to establish his house anywhere in the United State of Argonath. Any threats or action against someone because he is into an area is therefore totally prohibited.
  • Ordinance IX.I: A person access may be restricted in certain areas temporarily or permanently.
    • Ordinance IX.I.I: Permanent access denial: Law enforcement agencies and government officials can deny access to some areas or an entire building of government propriety. Restrictions apply to: LSPD Garage and North Parking, SFPD South Parking and Garage, LVPD West Parking and Garage, SWAT Garage and Buildings, FBI Garage and Buildings.
    • Ordinance IX.I.II: Temporary access denial: Law enforcement agencies and government officials can deny access to some areas or an entire building for national security reason or any valid reason for a limited amount of time. The denial must be justified but can apply to any propriety or area of the United State of Argonath.
• Ordinance X: Everyone has the right to life, liberty and safety of their person. A person cannot be deprived of those rights except in accordance with the principles of fundamental justice or the interests of national security.
• Ordinance XI: A law enforcer can search and seize any illegal material. The search can only be justified by reasonable doubts and reasons. The citizen must be informed before the search. If he feels the reason is not good enough, he may request a superior authority such as sworn officer, police chief, federal agent or government official, to come and take a decision. The decision can be contested in court if the decision taken cannot be explained by valid reasons.
• Ordinance XII: In the case of arrest or detention, a citizen must be promptly informed of the reasons, must also be informed that he has the right to a lawyer and must be allowed to use that right as soon as possible. He shall also have the validity of the detention controlled by the present law and to be released if the detention is not lawful.
• Ordinance XIII: The official language of the United State of Argonath is the English language. Every official work or request must be presented in this language. It must also be used when addressing to the United State of Argonath, to a city or into the advertising.
• Ordinance XIV: The citation of this is Constitution of the United State of Argonath.
• Ordinance XV: This Constitution is the supreme law of the United State of Argonath, and any law that is inconsistent with the provisions of the Constitution is, to extent of the inconsistency, is of no force or effect.The Contitution however may not be upheld to invalidate the World Rules of Argonath People (server rules)

Section III: Criminal Law

• Act I: Under punishment by law enforcement, no resident shall commit murder, acts of thievery, of possessions, assault on any resident, vandalism of any property, acts of rape, act of abduction or any other act harming person, wealth, or property.
• Act II: Production, use, sale, distribution and possession of heroin is strictly prohibited. Production and possession of marijuana in public area is permitted. Use of marijuana in private is permitted. Use of marijuana, sale or distribution in public area is prohibited.
• Act III: Due to the danger of driving accidents on the roads of our nation, the speed limits are 80 Kilometers an Hour inside cities and town limits, 120 Kilometers an Hour on roads outside of the city and town limits, and there shall be no speed limits on highways, though, driving recklessly, or not driving on the right side of the road is still a punishable offense. Law prescribe a fine of a maximum of 250 dollars for any road infraction. The city limit is defined by an area of 300 meters around the last local street.
  • Act III.I: Reckless driving understand any form of driving that could endanger other citizens. Under such circumstances, a police officer is allowed to take necessary actions.
  • Act III.II: Driving a damaged vehicle is not an offence. A damaged vehicle can still be pulled over for verification matter.
  • Act III.III: Parking is to be done in a matter it will not obstruct access to a building or a house or its driveway or parking and will not obstruct the road. It can partialy obstruct the sidewalk.
• Act IV: A person is innocent until proven and declared guilty.
• Act V: A criminal offence is an offence only if it is an offence in the written official documents of the United State of Argonath. Anything that is not specifically included can be brought into civil court in order to set the legitimacy of the case.
• Act VI: Threats, plotting for a criminal act or encouraging criminal act is a crime.
• Act VII: Trading weapons in public space (unless in a weapon shop) is an illegal act.
• Act VIII: Ignorance of the law by someone committing an offence is not an excuse for committing that offence.
• Act IX: Certain acts on holidays are valid. Those acts will be announced as temporarily legal by the supreme authority of the United State of Argonath.
• Act X: Parties to offence:
  • Act X.: Anyone taking part in an offence is guilty of that offence.
  • Act X.I: Anyone encouraging, helping to prepare or to commit an offence is guilty of that offence
• Act XI: No one can be judged for a crime that happened before the adoption of a law by that law.
• Act XII: Accessory after the fact: Anyone who helps a criminal after he committed an offence is considered as guilty of accessory after the fact.
• Act XIII: Obstruction to justice: Anyone who cause, by their presence or action or any by any means disrupt the tasks of a law enforcement person is to be charged by obstruction to justice. Anyone who refuses too cooperate with a law enforcement personnal who has legal motives to act can be charged with obstruction to justice.
• Act XIII: Laws on law enforcement
  • Act XIII.I: Is recognized as a law enforcer any of the security guards, cadets, police officers, special weapons and tactics unit member and federal bureau of investigation member.
  • Act XIII.II: Persons mentioned in Act XIV.I are allowed to use necessary force to prevent a crime or to stop a criminal.
  • Act XIII.III: A person can be arrested without a warrant if he is suspected immediately after committing the offence.
  • Act XIII.IV: Are authorised to issue warrants: The President, the Prime Minister, a judge, the police chiefs and the federal bureau of investigation chiefs.
  • Act XIII.V: No citizen is allowed to attempt to help a law enforcer if he is not a law enforcer on duty himself.
  • Act XIII.VI: Any person who is in duty is required to provide necessary assistance if possible. Any person who will not accomplish their duties and who will not have decent reasons for not accomplishing those duties can see their rights to law enforcement revoked by this court or by their chiefs.
• Act XIV: It is not allowed to spy, follow, track, interrogate or stalk another civilian.
  • Act XIV.I: Act XIV does not apply to law enforcement agencies excepted for stalking which is still a crime.
• Act XV: Suppression of Riots: In the necessity of the peace of the United State of Argonath, any illegal and/or non peaceful riot can be suppressed by the legal authorities with the use of force that is to be judged of good faith or reasonable.
• Act XVI: A law enforcer cannot be blamed if injuries or death occur if a suspect opposes resistance.
• Act XVII: Anyone in state of intoxication must remain out of the public space.
  • Act XVII.I: This does not include hospitals, bars and prisons.
• Act XIII: Provocation: Provocations can be done by the purpose of blows, words or gestures. Provocation is illegal and anyone doing such act must be withering stopped or arrested.
• Act XIX: Defence of propriety and belonging is authorized. Any destruction of private propriety or any damages caused to it is of criminal resort. However if a citizen kills another citizen while defending his propriety, he shall be trialed for use of unreasonable violence. Depending on the outcome he shall serve a prison sentence or be cleared of crime.
• Act XX: Treason and high treason, or the acts of putting national security in danger by revealing security breach or secret things, are punishable by a court of justice.
• Act XXI: Intimidation, sabotage, incitation to mutiny are criminal acts.
• Act XXII: Hijacking is strictly forbidden.
• Act XXIII: Anyone taking part in an act of corruption is guilty.
• Act XXIV: Disobeying the law is a straight jailing unless there is another punishment prescribed by the law.
• Act XXV: Disobeying order of court can lead to the seizing of all belonging and a jailing time.
• Act XXVI: Impersonnating a law enforcer is a crime and shall result into jailing.
  • Act XXVI.I: Fire Department and Medical Services ranchers equipped with sirens shall not use a blue or black pattern of colour as this could lead to confusion to SWAT or FBI ranchers.

Section IV: Courts Laws, Rules and Procedures

• Ordinance I: In all prosecutions, a citizen shall have a right to a speedy and public trial in the state of the crime/civil action he or she is being prosecuted for, and the right to representation by an attorney. Failure to attend the court case you are involved in will result in your opponent winning the case.
• Ordinance II: No person shall be put on trial for the same crime/case more than once. Also, no one shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, or property, without due process of law.
• Ordinance III: In the case of prosecutions fines can be given so shall any other form of necessary punishment.
• Ordinance IV: In the absence of a judge during a court case, a judge from the same branch may be required to replace.
• Ordinance V: A witness cannot be accused in an actual case if he committed a criminal act. He must be judged in a different trial and nothing of what was said in the trial in which he assisted as witness can be used in his trial.
• Ordinance VI: Any disturbing court process can be removed from court be any necessary mean.
• Ordinance VII: Any court document or legal action presented in front of a court can and will be submitted to fees. Fees shall never be superior to 25% of the belonging of a person. Any attempt to fraud the court about personal belonging will result in an immediate seizing of all belonging of everyone who participated in the fraud.
• Ordinance VIII: The court decision can be appealed up to Supreme Court. The Supreme Court's decisions are final.
• Ordinance IX: Any witness and evidences must be clearly identified, stated and proved. Failing at one of the three will make the evidence or witness testimony unacceptable.
• Ordinance X: If a previous case of law exists, judge shall refer to it in order to take a decision. If not, then it is the judge that can make the most total decision. Since every situation is unique, only elements of case of law can be applied and not the full case.
• Ordinance XI: No one can talk in court unless authorized by the judge. Only the lawyer or member of one of the party can formulate an objection. The objection must be clearly stated, can be sustained or overruled. Any unstated objection will be overruled.
• Ordinance XII: A judge can adjourn a trial for particular reasons.
• Ordinance XIII: The judge lead the court, he decide which phases will be allowed. A judge cannot apply this right in order to mute one party. Both party shall have right to speak at least once.
• Ordinance XIV: The judge can fix a time for a trial and it is the responsability of the parties to attend or delegate a lawyer or legal representative to represent them.
• Ordinance XV: A judge can be replaced if he is no longer suitable to pursue his duty.
• Ordinance XVI: A patent can only be issued for something that is registered as legal. A group can't request a patent if they don't own at least one business or don't offer at least one service. Also, only citizens with a passport can request a patent.

Section V: Citizenship and Related Laws

• Ordinance I: Citizenship is attainable only through a test by an administrator of the nation. A test must be taken and passed free of charge to receive it. The citizenship test cannot be passed before a full week of 7 days passed in the United State of Argonath. Licenses are attainable by entering a recognized driving school and passing the necessary exams. Any administrator of the nation is also in ability to make pass a road exam to a citizen who has been in Argonath for more than 20 days without having the chance to take lessons due to some schedule problems.
  • I.I: Where recognized is defined by approved by a patent presented to the court of Argonath or approved by the President/Prime Minister.
• Ordinance II: A citizen can loose his title of passport and/or driving license if the Supreme Authority of Argonath or if the court of justice rule this as a punishment.
• Ordinance III: A citizen whom his passport and/or driving license is removed will also see his house/business/car removed. Money will be given back to him.

Section VI: Government and Constitutional Law

• Ordinance I: Laws may be set in by the government at any time with warning.
• Ordinance II: The rights and amendments of the Constitution of the United States of Argonath are guaranteed to the citizens of the nation; however, they can be changed at any point in time with the approval of the highest authorities in the government.
• Ordinance III: A civilian is allowed to submit a law to the supreme court. This law shall be written in accordance with the bill of rights. Judges will then study the law and decide if it is legal or not. If it is ruled as possibly legal, it will be submitted to the President and Prime Minister.
• Ordinance IV: Supreme court is allowed to review a law and change its status if it becomes clear that the law is going against an element of the Constitution.
• Ordinance V: Any law can be approved, revoked or modified by the President and Prime Minister without the necessity to pass through the judges. A notification can be sent to judges who will have to present and justify the modifications in the name of the Supreme Authority.