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5. Justice and
punishment
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Article 43-Level
6-Capital penalties
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| 43.1 |
Capital penalties and the most serious of crimes |
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Capital penalties are for the most serious of crimes. In consistency and tradition for the most serious of penalties involving the penalties of life in imprisonment or death, this category of penalties is called "capital". |
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However, unlike systems that permit the State to lawfully execute someone, this Code does not permit the State at any point to lawfully execute and individual. Instead, a convicted offender of the very worst possible crimes may choose for the state to assist them in committing suicide, in exchange for receiving a posthumous pardon for their crime(s). |
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| 43.2 |
Penalty selection |
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Penalties are divided into two sections for each (type):- absolution and penitence. Only the penalties listed under the appropriate section (e.g. penitence.) and under the appropriate type (e.g. Type 3) may be selected where the offence matches the same criteria. Under no circumstances shall the penalties listed for absolution be applied to an offence that only qualifies for penitence. and vice versa. |
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In terms of penalty selection, a minimum of two (2) and a maximum of (4) penalties may be selected as part of a recommended punishment. |
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| Where a penalty is listed with an asterisk (*) and the yellow color means it is a mandatory sentence component and must be included as part of the sentence. |
* |
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If no asterisk (*) and no color is listed over a sentence element, it means it is an optional sentence component and may be selected providing the total number of sentence components does not exceed four. |
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All sentence components must be served concurrently, that is in parallel. It is not permissible to artificially extend the length of a sentence by stating they must be served consecutively (one after the other). |
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| 43.3 |
Six types (levels) of capital penalties |
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Under the Criminal Code, there are six types (levels) of Level 6-capital penalties. These levels match the specific conditions of capital offences. However, where types are grouped under the same offence, the severity or leniency within a category is to be determined by any mitigating and/or aggravating circumstances. |
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Type 1 penalties |
| Absolution |
| 1 |
Criminal Record: 18 yrs |
| 2 |
Imprisonment: 6 yrs |
| 3 |
Victim reconciliation; |
| 4 |
Part Property Seizure; |
| 5 |
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| 6 |
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| Penitence |
| 1 |
Criminal Record: life |
| 2 |
Imprisonment: 12 yrs |
| 3 |
Complete Property Seizure; |
| 4 |
Forced behaviour modification; |
| 5 |
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| 6 |
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Type 2 penalties |
| Absolution |
| 1 |
Criminal Record: 22 yrs |
| 2 |
Imprisonment: 7.5 yrs |
| 3 |
Victim reconciliation; |
| 4 |
Part Property Seizure; |
| 5 |
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| 6 |
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| Penitence |
| 1 |
Criminal Record: life |
| 2 |
Imprisonment: 15 yrs |
| 3 |
Complete Property Seizure; |
| 4 |
Forced behaviour modification; |
| 5 |
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| 6 |
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Type 3 penalties |
| Absolution |
| 1 |
Criminal Record: 27 yrs |
| 2 |
Imprisonment: 9 yrs |
| 3 |
Victim reconciliation; |
| 4 |
Part Property Seizure; |
| 5 |
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| 6 |
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| Penitence |
| 1 |
Criminal Record: life |
| 2 |
Imprisonment:18 yrs |
| 3 |
Complete Property Seizure; |
| 4 |
Forced behaviour modification; |
| 5 |
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| 6 |
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Type 4 penalties |
| Absolution |
| 1 |
Criminal Record: 32 yrs |
| 2 |
Imprisonment: 10.5 yrs |
| 3 |
Victim reconciliation; |
| 4 |
Part Property Seizure; |
| 5 |
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| 6 |
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| Penitence |
| 1 |
Criminal Record: life |
| 2 |
Imprisonment: 21 yrs |
| 3 |
Complete Property Seizure; |
| 4 |
Forced behaviour modification; |
| 5 |
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| 6 |
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Type 5 penalties |
| Absolution |
| 1 |
Criminal Record: 36 yrs |
| 2 |
Imprisonment: 12 yrs |
| 3 |
Victim reconciliation; |
| 4 |
Part Property Seizure; |
| 5 |
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| 6 |
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| Penitence |
| 1 |
Criminal Record: life |
| 2 |
Imprisonment: 24 yrs |
| 3 |
Complete Property Seizure; |
| 4 |
Forced behaviour modification; |
| 5 |
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| 6 |
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Type 6 penalties |
| Absolution |
| 1 |
Posthumous pardon |
| 2 |
State assisted suicide |
| 3 |
Victim reconciliation; |
| 4 |
Part Property Seizure; |
| 5 |
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| 6 |
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| Penitence |
| 1 |
Criminal Record: life |
| 2 |
Imprisonment: life no parole |
| 3 |
Complete Property Seizure; |
| 4 |
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| 5 |
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| 6 |
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