{"action":"opened","issue":{"url":"https://api.github.com/repos/liberland/constitution/issues/343","labels_url":"https://api.github.com/repos/liberland/constitution/issues/343/labels{/name}","comments_url":"https://api.github.com/repos/liberland/constitution/issues/343/comments","events_url":"https://api.github.com/repos/liberland/constitution/issues/343/events","html_url":"https://github.com/liberland/constitution/issues/343","id":104790328,"number":343,"title":"Subpoenas and the right to not appear in court","user":{"login":"yopdog","id":5955538,"avatar_url":"https://avatars.githubusercontent.com/u/5955538?v=3","gravatar_id":"","url":"https://api.github.com/users/yopdog","html_url":"https://github.com/yopdog","followers_url":"https://api.github.com/users/yopdog/followers","following_url":"https://api.github.com/users/yopdog/following{/other_user}","gists_url":"https://api.github.com/users/yopdog/gists{/gist_id}","starred_url":"https://api.github.com/users/yopdog/starred{/owner}{/repo}","subscriptions_url":"https://api.github.com/users/yopdog/subscriptions","organizations_url":"https://api.github.com/users/yopdog/orgs","repos_url":"https://api.github.com/users/yopdog/repos","events_url":"https://api.github.com/users/yopdog/events{/privacy}","received_events_url":"https://api.github.com/users/yopdog/received_events","type":"User","site_admin":false},"labels":[],"state":"open","locked":false,"assignee":null,"milestone":null,"comments":0,"created_at":"2015-09-03T22:02:46Z","updated_at":"2015-09-03T22:02:46Z","closed_at":null,"body":"\r\nI think subpoenas should be outlawed. I see no justification for forcing an innocent person who is not even suspected of a crime to testify or hand over his property as evidence. I know that the goal of subpoenas is to ensure justice in the court, but the right of the defendant (or prosecutor) to gather evidence in their favour should end where the right of others begin. A person should not be considered the property of the court simply for being a witness to a crime, the same goes for his property.\r\n\r\nThe second change I would make would be to ensure that defendants have the right to not appear in court if that's what they want. Being present in court should not only be a right but also a choice. I therefore suggest we make the change to \"one's right to **choose** to be present in Court\".  \r\n\r\nThirdly, I would like to change this sentence: \r\n>\"to not be compelled to be a witness against oneself, or Persons whose penalization one would rightfully feel as the penalization of oneself\"\r\n\r\nto:\r\n\r\n>\"to not be compelled to be a witness against oneself, or anybody else\"   \r\n\r\n   \r\nSo these would be the changes to provision §II.18\r\n       \r\n>§II.18. No law shall deprive a defendant under prosecution of one's right to **choose** to be present in Court; to a speedy, public and impartial trial by the Jury; to be informed of criminal charges and of one's rights; ~~to compel witnesses to appear in Court for confrontation;~~ to be presumed innocent until proven guilty beyond reasonable doubt; to not be compelled to be a witness against oneself, **or anybody else**; and to all other Rights guaranteed by the Constitution and all laws passed in accordance thereof; should any Person be prosecuted in breach of due process of law as enumerated in this provision, the trial Judges shall take that under advisement when considering dismissing the charges or overturning the verdict.\r\n\r\n\r\nTo provision §I.10. I would like to add the following line: \"**Warrants shall be issued solely against persons who can reasonably be suspected to have been involved in an offence**\". This will ensure that warrants can not be used to collect evidence from non-involved parties, such as witnesses, as would otherwise be allowed without this change.        \r\n\r\n>§I.10. All Warrants in the Free Republic of Liberland, other than the Supreme Warrant, shall be issued by a Judge of the Criminal Court upon request by an Agent of the Law Enforcement and shall be supported by evidence of probable cause; such Warrants shall be as detailed as possible and shall refer to one Person only; **Warrants shall be issued solely against persons who can reasonably be suspected to have been involved in an offence;** every Warrant granted for a continuous action shall expire no later than after one year and shall be renewed by another Judge in accordance with ordinary procedure."}}