SA-MP Constitution

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Information

This page is updated to the server version RS5.2. Any information you find in this threat should be accurate with the mentioned server version. If you think something is wrong, please contact the Argonath Wikipedia staff.


This is the constitution that is in effect for the Argonath RPG SA-MP Server. The official Argonath RPG topic (regularly updated) can be found here.

Contents

Section I: Constitution of Argonath.

Art. I: This Constitution applies to the United State of Argonath into the San Andreas MP area and its establishments only.

Art. 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.

Art. III: The President and the Prime Minister are the ultimate authority of the United State of Argonath.

Art. IV: The government and/or state is comprised of Server Managers and Leaders (HQ). For lower forms of government, see section VI.

Section II: The Constitution

Art. 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.

Art. 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 bear arms. However, no weapon shall be in open sight without lawful purpose. Law enforcement officials may be made exempt to this article under direction and regulation by their respective law enforcement agencies.

Art. III: A property owner may lawfully request a person to leave their property. This does not include businesses which are public markets. A business owner can still use his right of propriety in circumstances mentioned in Art. VIII. Law enforcement officials may be made exempt to this article under direction and regulation by their respective law enforcement agencies.

Art. IV: The right of the citizens to be protected against unreasonable searches shall not be violated without probable cause. A citizen may not be stopped, questioned, searched and/or arrested without probable cause. The law enforcer cannot detain a person if the only goal is to interrogate him.

Art. 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.

Art. VI: Every resident of the nation has the right to assemble as a group or club in a peaceful way. A group that assembles in the public area shall not block the public area and/or traffic, unless a permit is obtained from the local government, state and/or court.

** Art. VII is currently not in use and will be removed. **

Art. VIII: A business owner cannot deny access to a citizen into his establishment unless one of the following: :VIII.I: The business is closed or reaching the closing time or is already at maximum capacity.

VIII.II: A dress code is set or a membership is required to enter.
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.

Art. 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.

IX.I: A person access may be restricted in certain areas temporarily or permanently.
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.
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.

Art. 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.

Art. 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.

Art. 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.

Art. 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.

Art. XIV: The citation of this is Constitution of the United State of Argonath.

Art. 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 Constitution however may not be upheld to invalidate the World Rules of Argonath People (server rules)

XV.I: Court rules and terminology is considered as an official document with full force of effect within the limits of its own field of action.

Section III: Criminal Law

Art. 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.

Art. II: Production of, use of, sale of, possession of or otherwise distribution of, heroin marijuana or methamphetamine is strictly prohibited.

Art. 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.

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.
III.II: Driving a damaged vehicle is not an offence. A damaged vehicle can still be pulled over for verification matter.
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 partially obstruct the sidewalk. One person is allowed to park in front of state buildings, but his vehicle may be towed away to the nearest police department on request of the person in charge at the mentioned building or if found obstructing an essential spot for the public services.

Art. IV: A person is innocent until proven and declared guilty.

Art. 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.

Art. VI: Threats, plotting for a criminal act or encouraging criminal act is a crime.

Art. VII: Trading weapons in public space (unless in a weapon shop) is an illegal act.

Act VII.I: The sale, trading, or otherwise distributing of explosive ordinance including but not limited to RPGs, Grenades, Satchel Charges, and Molotovs is strictly prohibited.
Act VII.II: The sale of, trading of, or otherwise distributing of biological agents is strictly prohibited.

Art. VIII: Ignorance of the law by someone committing an offence is not an excuse for committing that offence.

Art. 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.

Art. X: Parties to offence:

X.I: Anyone taking part in an offence is guilty of that offence.
X.II: Anyone encouraging, helping to prepare or to commit an offence is guilty of that offence

Art. XI: No one can be judged for a crime that happened before the adoption of a law by that law.

Art. XII: Accessory after the fact: Anyone who helps a criminal after he committed an offence is considered as guilty of accessory after the fact.

XII.I: 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.

Art. XIII: Laws on law enforcement

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.
XIII.I.II: In accordance to Act XV.I the term agent in term of a member of an organization is to be a Federal Bureau of Investigation agent and the term agent can be used in any circumstance to refer to a member of the FBI, no matter his rank. Thus Agent is not considered as disrespectful toward any higher ranked member of the Federal Bureau of Investigation.
XIII.II: Persons mentioned in Act XIII.I are allowed to use necessary force to prevent a crime or to stop a criminal.
XIII.III: A person can be arrested without a warrant if he is suspected immediately after committing the offence.
XIII.IV: Are authorised to issue warrants: The President, the Prime Minister, a judge, the police chiefs and the federal bureau of investigation chiefs.
XIII.V: No citizen is allowed to attempt to help a law enforcer if he is not a law enforcer on duty himself.
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.
XIII.VII: A law enforcement officer may act in force against a person, suspected or otherwise, who wanted by issued bounty by the state of Argonath for notorious crimes and agenda.

Art. XIV: It is not allowed to spy, follow, track, interrogate or stalk another civilian.

XIV.I: Act XIV does not apply to law enforcement agencies excepted for stalking which is still a crime.

Art. 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.

Art. XVI: A law enforcer cannot be blamed if injuries or death occur if a suspect opposes resistance.

Art. XVII: Anyone in state of intoxication must remain out of the public space.

XVII.I: This does not include hospitals, bars and prisons.

Art. 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.

Art. 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.

Art. 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.

Art. XXI: Intimidation, sabotage, incitation to mutiny are criminal acts.

Art. XXII: Hijacking is strictly forbidden.

Art. XXIII: Corruption is the act of misusing powers in public office for personal gain and is an offence. This offence is punishable by 5 years in prison and/or a maximum fine of AR$50,000.

Art. XXIV: Disobeying the law is a straight jailing unless there is another punishment prescribed by the law.

Art. XXV: Disobeying a lawful order issued by a Court is an offence. This offence is punishable by 60 days in prison and/or a maximum fine of $1000 per day that the order is disobeyed.

Art. XXVI: Impersonnating a law enforcer is a crime and shall result into jailing.

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.

Art. XXVII: Any kind of street racing is to be considered an illegal event.

XXVII.I: Exceptions to the previous act are made if the event is announced within 24 hours of anticipation at any City Hall within the State of San Andreas, or the event is hosted by any member of the Argonath Administration Team.

Art. XXVIII: Tax evasion is the act of unlawfully carrying out acts that have the sole purpose of not having to pay the full amount of tax to any government agency or office and is an offence. This offence is punishable by a maximum fine of 150% the original amount of tax with a minimum of $1000.

Section IV: Courts Laws, Rules and Procedures

Art. 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.

Art. II:

a) 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.
b) An action, proceeding or criminal act brought before the Court under any provision of Section III for a criminal penalty may be brought not later than 10 years (6 months) after the violation.

Art. III: In the case of prosecutions fines can be given so shall any other form of necessary punishment.

Art. IV: In the absence of a judge during a court case, a judge from the same branch may be required to replace.

Art. 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.

Art. VI: Any disturbing court process can be removed from court be any necessary mean.

Art. 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.

Art. VIII: The court decision can be appealed up to supreme court. Supreme court has decisions are final.

Art. 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.

Art. 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.

Art. 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.

Art. XII: A judge can adjourn a trial for particular reasons.

Art. 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.

Art. 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.

Art. XV: A judge can be replaced if he is no longer suitable to pursue his duty.

Art. 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

Art. 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.

Art. 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.

Art. 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

Art. I: Laws may be set in by the government at any time with warning.

Art. 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.

Art. 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.

III.II: For a law to be submitted, it is requiered for it to get support from both law enforcement and civilians/business groups. Once then, the Government will review if such law is requiered in the nation.
III.III: The law is divided into three equally and important powers: Law Making, Law Judgement, Law Enforcement.

Art. 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.

Art. 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.