The Hispanian Code of Law
((Fundamental))
Preamble – This Code of Laws, henceforth known as the Code, shall provide procedures for the interpretation and implementation of criminal and civil law and recommended sentences for common crimes. The Code shall not infringe on the independence of the judiciary to decide the outcome of trials other than providing guidelines for their decisions and a means to conduct trials. Any crime not mentioned shall be tried as it was prior to the implementation of the Code.
Section A – Introduction
I. Sections V to VI shall be revoked from the Justice Act of 1773.
II. The Judicial System Reform Act shall be revoked in its entirety.
III. Section III of the Citizenship Act, 1816, shall be revoked.
IV. The Independence of Jurisdiction Act and its amendment shall be revoked.
V. Parliament may propose additional recommended sentences for Sections E and F. These additions, along with all recommended sentences in this act, shall be considered as major laws instead of fundamental.
Section B – Courts
I. The judicial system shall contain three levels from lowest to highest: prefectural, provincial, and national.
II. Prefectural courts shall replace the old municipal courts, with one created for each Prefecture. They shall handle any cases of a local nature and shall serve as the initial court to address grievances.
III. Provincial courts shall remain as they previously existed, with one for every province. They shall handle any cases of a provincial nature and serve as a court of appeal for the prefectural courts within its jurisdiction.
IV. The National Court of Hispania shall remain as it previously existed, consisting of nine judges and located in Valencia. It shall handle any cases of a national nature and serve as the final court of appeal. No case put before the National Court can be appealed without significant enough reason, such as a mistrial or overwhelming new evidence.
Section C – Judges
I. All judges must have at least five years’ worth of legal experience and have completed a recognized legal program at a Hispanian university.
II. A Judicial Advisory Committee shall be created for each state to present candidates to serve as judges for all prefectural and provincial courts within their state. Each Judicial Advisory Committee shall consist of representatives of the local State Assembly, Parliament, the Ministry of Justice, the judiciary, the legal profession, and the public.
III. The Lieutenant-Governor of each prefecture shall appoint the judges for their local prefectural court from amongst a list of recommended candidates from their state’s Judicial Advisory Committee.
IV. The Governor-General of each state shall appoint the judges for each provincial court within their state from amongst a list of recommended candidates from their state’s Judicial Advisory Committee.
V. The Crown shall appoint all judges for the National Court of Hispania. All candidates for the National Court must have served as a judge for at least five years in a lower court. The various Judicial Advisory Committees may provide recommendations for potential judges for the National Court if they wish.
Section D – Legal Rights & Trials
I. No Hispanian Citizen may be arrested without a warrant or detained without probable cause. Any alleged violations against this may be brought before a court of law.
II. All Hispanian Citizens are entitled to a trial by a jury of their peers.
III. All Hispanian Citizens are entitled to an attorney. If a Hispanian Citizen is to be tried in a court of law and cannot afford to hire a defence lawyer, the state shall provide a court-appointed attorney.
IV. The press may not publish any information regarding ongoing trials that may greatly influence court proceedings or the outcome of the trial, reveal the identity of the prosecution, defence, or any witnesses before the conclusion of the trial without the state’s permission, reveal the identify of any jurors or anyone accused of a crime who is underage, or expose confidential evidence.
V. If significant evidence arises that a judge is biased or being influenced, including but not limited to accepting bribes, known associations to either the prosecution or defence, etc., then the trial will be considered a mistrial and be redone with a new judge.
VI. The judiciary is considered independent of the administration, meaning that the verdict of any judge cannot be influenced or overturned, although it can be appealed if conducted in a lower court. A verdict may only be reconsidered if new solid evidence is found that places doubt on the validity of the verdict or circumstances lead to a mistrial, in which case a new trial shall be held.
VII. The Crown may choose to pardon any individual convicted of a crime, although it is recommended this only be done in instances where a criminal act was committed with pure intentions or motive.
VIII. Any child (person 15 or younger) accused of a crime or serving as a witness must be accompanied by a legal guardian during court proceedings. Their names may not be made public at any point during or after the trial. In recognition of their age, the judge and any jury is recommended to consider a lesser sentence than those recommended below for any child convicted of a crime.
Section E – Criminal Law
I. In all the below clauses, the recommended sentences are based on the average case involving the crime in question. Due to the unique nature of each case and the varying circumstances of each crime, none of these sentences are binding and any judge or jury may use them as a guideline.
II. Anyone who hired or paid another to commit a crime or was involved in the planning of a crime shall receive the same sentence as if they had committed the crime themselves.
III. The crime of treason shall warrant a death sentence.
IV. The crime of murder, defined as the act of taking another’s life, shall warrant a sentence dependent on the degree of severity. Murder shall be divided into three separate degrees.
a) First degree murder shall include any form of murder considered premeditated with the intent to cause bodily harm resulting in death or as a result of a dangerous or violent crime believed to likely result in death. This crime shall warrant a death sentence or 25 or more years in prison.
b) Second degree murder shall include any form of murder with the intent to cause bodily harm resulting in death but that is not premeditated. This crime shall warrant 10 or more years in prison.
c) Third degree murder shall include any form of murder committed as a crime of passion, defined as any murder with no prior intent to kill as a result of circumstances considered to cause any reasonable person to become emotionally or mentally disturbed, or where death is the result of an accident. This crime shall warrant anywhere from a fine to up to 10 years in prison.
V. The crime of assault, defined as the act of attempting to initiate harmful or offensive contact with another or threaten to do so, as well as battery, defined as the act of unlawful physical harm inflicted upon another, shall warrant a fine and/or up to 10 years in prison.
VI. The crime of theft, defined as the act of illegally taking another’s property without consent, shall warrant a fine equal to or more than the value of that which was stolen and/or up to 5 years in prison.
VII. The crime of robbery, defined as the act of taking or attempting to take anything of value by force or threat of force, shall warrant a fine equal to or more than the value of that which was stolen or to be stolen and/or up to 10 years in prison.
VIII. The crime of burglary, defined as unlawful entry into another’s property with the purpose of committing a crime, shall warrant a fine equal to or more than the value of any property damaged during the act and/or up to 5 years in prison.
Section F – Civil Law
I. In all the below clauses, the recommended sentences or verdicts are based on the average case involving the situation in question. Due to the unique nature of each case and the varying circumstances of each case, none of these sentences or verdicts are binding and any judge or jury may use them as a guideline.
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