Procedural Space Law

CharacterSprite.png

Charles Portalis, Centcom Lawmaker says:
"The Law without Procedure is like an assistant without insulated gloves, aimless and harmful to itself."

Procedural Space Law can be defined as the ensemble of rules and principles that dictate how Space Law should be applied and define due process. Procedural Space Law is the ressource on which the Magistrate must rely when fulfilling their duties.

Legal matters are secondary to the integrity of the Station. In the events of a Red Alert, the Security Department is granted emergency powers. All procedures are to be suspended indefinitely, as well as Procedural Space Law altogether.

If there are no magistrate on board, the ~~Head of Security or the Warden~~ Head Of Personnel and Quartermaster gain judicial powers. However, they are not held to the same levels of expectations as the Magistrate.

Opening Statements

The subjects of Space Law are Nanotrasen employees. Space Law cannot be applied to strangers of Nanotrasen, those should be dealt with through extra-legal means.
The purpose of Space Law is to create a productive environment while protecting order through due process.

While the Magistrate is supervised by the Head Of Personnel for matters concerning Station operations, the Magistrate is the supreme authority concerning Legal matters and enjoys total autonomy in accomplishing their duties.

Procedure is divided between principles and written articles. The former are core values and concepts that the magistrate should always refer to. The latter are specific guidelines and instructions.
The Magistrate is subject to an obligation of duty, not an obligation of results.

The Magistrate decides on legal matter depending on what is brought to them. The Magistrate is only liable in judicial errors if they willingly and knowingly broke Principles or Space Law.

“Representation” is to be understood as the Lawyer representing the accused.

Sources Of Law

Legal arguments can be found from these sources in order of legal strength:

Fundamental Principles
Exceptions stated by Standard Operating Procedure
Procedural Space Law
Space Law
Judicial precedents established during the shift

Example of possible SOP exceptions: As per clown SOP, the clown can be exempt from Space Law Article 309 (Trespass, High security area) if they acted with the interests of making a “prank”.

Fundamental Principles

These principles are supreme in Space Law and cannot be superseded or limited by any laws or other principles.

They may be invoked in court as arguments and hold supreme legal weight. The magistrate must make sure they are respected and must not break them under any circumstances.

Principle	Description
Dura lex, sed lex	The Law is the Law, moral arguments against it hold no legal weight.
Ei incumbit probatio qui dicit	One is innocent until proven guilty. In other words, the plaintiff is the one that must submit proofs. The defendant only has to answer to what is submitted against them.
In Dubio Pro Reo	When in doubt, favor the accused. The magistrate cannot condemn someone if there is doubt regarding his guilt. The point of the trial is to eliminate doubt. If doubt still remains, then the trial has failed, and the accused must be released.
Ignorentia juris non excusat	Ignorance of the law excuses not. Employees of Nanotrasen are aware of the law and cannot plead ignorance
Aliquis non debet esse judex in propria causa	No one can render justice for themselves. The Security Department and the Magistrate hold the legitimate monopoly on Station violence. The Captain is the only employee that can openly contest this for themselves and themselves only.
Ne bis in idem	One cannot be judged twice for the same crime. Extended by res judicata.
Res judicata	The word of the judge is truth and final. A matter that has been resolved by a Magistrate cannot be brought up again.
Nullum crimen, nulla pœna sine lege	There are no crime, no sentence, without law. One cannot be sentenced for an offense that isn’t explicitly defined by Space Law.
One cannot be sentenced for the crimes of another	The accused only has to answer for their actions and their actions only. (couldn’t find the latin phrase, big sad).

Principles Relevant to Trials

(Insert link to guide to trials)
A trial is the review of facts and the subsequent debate around the guilt of a defendant regarding a crime. Trials are contradictory debates, both sides must have the opportunity to voice their opinions.
When a trial is necessary or requested, the Magistrate will decide at what time the trial will take place and will inform the relevant parties. The Magistrate is the one who decides which form the trial will take in the limits of what Procedural Space Law permits.

The Magistrate can suspend the trial whenever they wish. This becomes an obligation if the life of someone attending court is at risk.

A crewmember cannot wait for their hearing for more than half of the time of their incurred sentence. If someone has waited too long in a holding cell, they are to be released "by default" and have their charges dropped. This applies when a trial is suspended.

A collective trial can only be held if the actions of several defendants have a direct link with one another, or if they were committed in similar space-time window. A person cannot be judged if medically unfit. They must first receive medical care or have their cases dropped if Non Compos Mentis applies.