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Criminal Justice Act

Section I: Investigation and enforcement

a) The KGB will be an organisation accountable to the commissar for Internal Affairs to investigate crime and apprehend criminals.

b) Evidence may not be obtained by violating human rights (as defined by the United Nations).

Section II: Trial

a) Any citizen may bring a court case against another citizen.

b) Nobody shall be exempt from prosecution.

c) The accused has the right to a trial.

d) The accused has the right to someone to present a defence case for him or her.

e) The court may refuse to hear, or throw out a case where there is clearly insufficient evidence for a conviction.

f) The court shall consist three judges. The commissar for Justice shall be one of these, the other two he/she shall appoint every three months.

g) Anybody can refuse the position of judge if it is offered to them, or resign at any time (subject to the resignation act). At which point a new judge will be appointed via normal procedure to carry out the remainder or that judge's term.

h) The Chairman of the Central Executive Committee, Chairman of the Congress of Soviets, Chairman of the KGB or any Commissar, except Commissar for Justice, may not become a Judge.

i) Only a vote of the Central Executive Committee or Congress of Soviets may call for the appointment of a new judge or new judges before the three month review period arrives, requiring over 50% of the votes to be in agreement (The judges will still be appointed without election).

j) Both prosecution and defence must be allowed a fair hearing. Format:
Prosecution/defence opening statement
Prosecution/defence case
Prosecution/defence closing statement

k) For a defendant to be convicted of a crime all three judges must find them guilty, beyond reasonable doubt.

l) An appeal against a verdict may be made to the Commissar for Justice. His decision is final unless overruled by the council of people's commissars. If the decision of the judges is deemed unfair, the case will return to court and be re-heard

m) The Judges will judge prosecutions according to the un-obstructed evidence provided by both sides. Un-obstructed evidence meaning that all evidence counts no matter how it was obtained. If any evidence was obtained by violating a citizens rights they may counter sue for that violation but the evidence brought against them still holds power in court. Except evidence obtained by violating basic human rights, which may not be considered when deciding upon a verdict.

n) The defendant has the right to have the trial held in private or in public upon their request, however, the trial may not be moved from public to private or private to public once proceedings have begun without agreement of at least two of the presiding judges. This right may be waived at any time and if the defendant is found guilty the state may release all details of the trial.

o) Should it be impossible to apprehend the defendant for trial (e.g. the defendant is residing in capitalist state that is unwilling to extradite them) then a trial may be held in their absence.

Section III: Punishment

a) Torture may not be used as a punishment.

b) There will be no maximum or minimum sentence attached to a particular crime. Each crime will be assessed according to the actual crime, demeanour behind it and circumstances surrounding it.

c) The judges must decide upon a punishment fitting to the crime. In the case of judges being unable to decide a punishment, then proposals for the punishment should be put forwarded to the Commissar for Justice. The Commissar for Justice must then decide to either outline a punishment himself or select one of the recommendations made to him/her by the Judges.

Section IV: Commissariat of Justice

a) The Commissariat of Justice is to be an independent body, not under the control of any other government organisation. The Commissar for Justice is still accountable for his actions to the Council of People's Commissars.

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