Capital Punishment (Restrictions) Bill\[Proposal\]


  • Commission

    With the support of the Government of the Commomwealth of Davishire and the Commissioner for Internal Affairs I do formally present this bill to the council.

    Debating Ends- 15:00 on Monday 14th April 2015
    Voting on Amendments ends- 15:00 on Wednesday 16th April 2014
    Final Voting ends- 15:00 on Saturday 19th April 2013
    Ammended to 15:00GMT on Thursday 17th Apri
    All times GMT

    Jointly Written by Rt Hon Eric Pickles, Commissioner for Internal Affairs
    and Rt Hon Nicola Heaven MP, European Councillor

    QUOTE

    Capital Punishment (Restrictions) Act 2014

    The purpose of the Capital Punishment (Restrictions) Act is to reduce the number of crimes punishable by capital punishment, reduce the possible methods of execution and to provide foreign citizens within countries which practice capital punishment protection from such punishment.

    1- Definitions
    For the purpose of this act the following terms are defined;

    Capital Punishment- For the purpose of this act capital punishment shall be any method through which a persons life is terminated by the state in the undertaking of justice under the laws of that country.

    Capital Crime- A crime which under the laws of member states permits for the use of the death penalty.

    2.0 Sentencing

    2.1- Capital punishment may only be used as a sentence for the for the following crimes during peacetime (not war)
    -Murder
    -Sexual Assault of a Child under 15 years of age
    -Severe Physical or Mental abuse of a vulnerable person

    2.2 - Capital punishment may be used for the following crimes only during a period of war
    -All crimes as per 2.1
    -Espionage for the Enemy
    -Treason

    2.3 - In order for a person to be eligible for capital punishment they must be convicted in a court of their peers which consists of no racial, gender of religious bias.

    2.4- In order for a person to be eligible for capital punishment they must have been convicted with evidence which proves without any uncertainty that they are guilty.

    3.0- Implementation of Capital Punishment

    3.1- Under the terms of this act European Union Member States may only use methods of Capital Punishment which do not constitute being a ?Cruel, inhuman or degrading treatment or punishment? which could contravene Article 5 of the Universal Declaration of Human Rights

    3.1- Therefore the following the European Council does permit only the following methods of execution to be used where a sentence is capital punishment;

    -Execution by Firing Squad
    -Execution by Lethal Injection
    -Execution by Hanging from the neck

    3.3- No other forms of execution are permitted within European Union member states

    3.4- It is required that all member states which sentence a prisoner to death must undertake such a sentence within 2 years of a failed appeal process.

    3.5- Until such date that a person is executed they shall be treated with respect and afforded the following minimum rights

    • Access to open air exercise for at least 1hr per day
    • Access to clean water and food
    • Access to family visits prior to execution
    • Access to religious support
    • Access to medical care and treatment as is necessary
    • Access to legal advice and representation
    • Access to recreational activity

    3.6- A person must be informed at least 24 hours before the scheduled time of execution and by which method of execution will be used.

    3.7- A person who is facing death must be permitted a submit a final plea for mercy to the Highest Authority in a member state within the 24 hours before a persons execution.

    4.0 Protection of International Citizens

    4.1- Whilst overseas citizens from countries where capital punishment is not exercised all persons shall be protected from the use of capital punishment.

    4.2- In cases where an individual is found guilty of a capital crime a person must be sentenced according to the laws of their home county except where a person may hold a dual nationality of that country in which they are on trial.

    4.3- Non EU citizens should also be sentenced as per the laws of their nation when convicted of capital crimes.

    5.0 Implementation of the Act

    5.1- It is necessary for all nations to implement this act within 6 months of its passage through the European Council

    5.2- Failure to implement this act within 6 months will result in a financial penalty to nations of ?14m per day until the act is implemented

    5.3- This act does not overwrite member states own national laws where a nations laws place more stringent restrictions

    5.4- The implementation of this act shall be overseen by the Commissioner for Internal Affairs.



  • As this does not differ much from Groot Belgain law I would like to debate about two things,

    The way of exicuting criminals, electrocution is commonly used in my country.

    As for forgeign criminals they will be trailed under our own laws if they did the criminal act on our territory.


  • Commission

    It is now 15:00hrs GMT and the debate and amendment proposal period is over and there have been no amendments suggested.

    Therefore we move onto the voting phase. This will last until 15:00GMT on Thursday 17th April.

    On behalf of the Commonwealth of Davishire and its territories I Nicola Heven vote FOR this proposal and encourage others to do so.



  • I suggested amedments, but because my warning level my post didn't come trough!



  • The Federal Republic of Northern Caesarea ABSTAINS

    Hugo Basescu
    European Council Delegate



  • The Duxburian Union votes Against the bill. Although we are willing to give up capital punishment entirely and are also open to reductions in its usage, our judicial system and the bill's standards have too many irreconcilable differences, such as 2.0-2.1, 2.4, 3.5-3.7 and all of section 4.



  • Nouvelle Picardie ABSTAINS.


  • group:cid:2:privileges:mods:members

    Os Corelia votes AGAINST this bill as we would like to see a full band on the death penalty, this bill doesn't go far enough and sanctions state driven murder as acceptable.


  • Commission

    With voting over the results are as follows

    For- 1 Vote
    Against- 2 votes
    with 2 abstentions

    The bill is not passed into European Law.

    Can I just say that it is a shame that some member states failed to get involved at both the debating stage and discuss any problems with this bill yet they are fully ready to dismiss the idea and also not getting involved in the voting state to decide upon legislation

    I will take away all feedback that I have received and will consider my options.



  • If I just may say something It was some nasty traffic on my way here,

    Electrocutions are still a common execution form in Groot-Belgie and foreigners are always prosecuted according to groot-belgain law, I wouldn't accept these.

    ooc: I couldn't post in time because warning level and such



  • If I still may, Electrocution is still a common practice is Groot-Belgie and foreigners in cour get punished under groot belgain law if the crime is commited on our soil



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  • ECoJ

    ((OOC: Sorry I didn't contribute to the debate, I've been in Tuscany all week. I would love to see this subject return to the council floor))



  • If I still may I would still want to contribute, There are 2 things that I would like to say

    -Electrocution is still commonly used as a method of capital punishment, Tough we would like to give it up for the next point.

    -foreigners get prosecuted under Groot-Belgain law if the crime is commited on our soil (in war this also means on soil that is occupied soil.) If it is a foreigner we will contact the ambassador of the said country of origin to see if they want the criminal back and he can spend his sentence at home
    .


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