{"action":"created","issue":{"url":"https://api.github.com/repos/liberland/constitution/issues/305","labels_url":"https://api.github.com/repos/liberland/constitution/issues/305/labels{/name}","comments_url":"https://api.github.com/repos/liberland/constitution/issues/305/comments","events_url":"https://api.github.com/repos/liberland/constitution/issues/305/events","html_url":"https://github.com/liberland/constitution/issues/305","id":102541490,"number":305,"title":"Private prosecution ","user":{"login":"KacperZajc","id":12125145,"avatar_url":"https://avatars.githubusercontent.com/u/12125145?v=3","gravatar_id":"","url":"https://api.github.com/users/KacperZajc","html_url":"https://github.com/KacperZajc","followers_url":"https://api.github.com/users/KacperZajc/followers","following_url":"https://api.github.com/users/KacperZajc/following{/other_user}","gists_url":"https://api.github.com/users/KacperZajc/gists{/gist_id}","starred_url":"https://api.github.com/users/KacperZajc/starred{/owner}{/repo}","subscriptions_url":"https://api.github.com/users/KacperZajc/subscriptions","organizations_url":"https://api.github.com/users/KacperZajc/orgs","repos_url":"https://api.github.com/users/KacperZajc/repos","events_url":"https://api.github.com/users/KacperZajc/events{/privacy}","received_events_url":"https://api.github.com/users/KacperZajc/received_events","type":"User","site_admin":false},"labels":[{"url":"https://api.github.com/repos/liberland/constitution/labels/help%20wanted","name":"help wanted","color":"159818"}],"state":"open","locked":false,"assignee":null,"milestone":null,"comments":18,"created_at":"2015-08-22T14:40:45Z","updated_at":"2015-08-27T21:19:09Z","closed_at":null,"body":"§V.10. The Victim(s) of a criminal offence shall have the inherent right to institute the Private Prosecution of alleged offenders. \r\n§V.10(1) The right shall be exercisable before the Office of the Public Prosecution institutes any Public Prosecution.\r\n§V.10(2) The Victim(s) may expressly waive the right to institute the Private Prosecution.\r\n§V.10(3) The Victim(s) shall be deemed to have waived the right to institute the Private Prosecution should it not be brought within three months since an alleged offence took place.\r\n§V.10(4) The Private Prosecution may be instituted by the Victim(s) in person or by Proxy on its behalf.\r\n§V.10(5) Both the Victim(s) or the Proxy shall not enjoy the privileges of the Law Enforcement by virtue of pursuing prosecution.\r\n§V.10(6) Should some, but not all of the, Victims waived their right to institute the Private Prosecution, the accused shall be prosecuted by the Office of the Public Prosecutor in cooperation with the Victims willing to participate in the prosecution. \r\n\r\n§V.11. The Public Prosecution of alleged offenders shall be instituted by the Office of the Public Prosecutor.\r\n§V.11(1) The Office of the Public Prosecutor shall retain the right to institute the Public Prosecution should the Victim(s) waive, either expressly or impliedly, the right to the Private Prosecution.\r\n§V.11(2) Should a criminal offence leave no Victim(s) capable of instituting the Private Prosecution, the Office of the Public Prosecutor shall have the inherent right to institute the Public Prosecution on behalf of the state of the Free Republic of Liberland.\r\n§V.11(3) Should there be a Victim capable of consenting, the Public Prosecution shall be instituted with the express and informed consent of the Victim and on its behalf. \r\n§V.11(4) Should the right to the Private Prosecution be waived and evidence be sufficient, the Office of the Public Prosecutor shall be under obligation to institute the Public Prosecution.\r\n§V.11(5) Should the Public Prosecution be instituted, the Victim(s) shall have the right:\r\n§V.11(5)(a) to be notified about the schedule of the judicial proceedings; \r\n§V.11(5)(b) to address the Criminal Court before the sentence is determined; \r\n§V.11(5)(c) to be advised of release from custody or escape of the accused offender.\r\n\r\n§V.12. The Office of the Chief Public Prosecutor shall be independent and shall be headed by the Chief Public Prosecutor.\r\n§V.12(1) The Chief Public Prosecutor shall be appointed by the Chancellor for a term not exceeding six years.\r\n§V.12(2) The Chief Public Prosecutor shall be removable from the office by the Citizens with a majority of two-thirds vote in a referendum called by 10% of all Citizens.\r\n§V.12(3) The Chief Public Prosecutor shall appoint, and be responsible for the work of, Public Prosecutors.\r\n\r\nRenumbering the rest of the provisions...\r\n\r\n\r\nRephrasing: \r\n\r\n§V.11. The criminal offences in the Free Republic of Liberland, whether prosecuted privately or publically, shall be tried in the Criminal Court before a Judge with a panel of Jury to give a verdict of ‘Guilty’ or ‘Not guilty'.\r\n\r\n§II.17. No law shall allow for any Person to be prosecuted for more than one criminal offence for one act or omission they are accused of; nor shall one be put twice in jeopardy of a penalty for the same offence, whether by the Private or Public Prosecution.\r\n"},"comment":{"url":"https://api.github.com/repos/liberland/constitution/issues/comments/135557418","html_url":"https://github.com/liberland/constitution/issues/305#issuecomment-135557418","issue_url":"https://api.github.com/repos/liberland/constitution/issues/305","id":135557418,"user":{"login":"KacperZajc","id":12125145,"avatar_url":"https://avatars.githubusercontent.com/u/12125145?v=3","gravatar_id":"","url":"https://api.github.com/users/KacperZajc","html_url":"https://github.com/KacperZajc","followers_url":"https://api.github.com/users/KacperZajc/followers","following_url":"https://api.github.com/users/KacperZajc/following{/other_user}","gists_url":"https://api.github.com/users/KacperZajc/gists{/gist_id}","starred_url":"https://api.github.com/users/KacperZajc/starred{/owner}{/repo}","subscriptions_url":"https://api.github.com/users/KacperZajc/subscriptions","organizations_url":"https://api.github.com/users/KacperZajc/orgs","repos_url":"https://api.github.com/users/KacperZajc/repos","events_url":"https://api.github.com/users/KacperZajc/events{/privacy}","received_events_url":"https://api.github.com/users/KacperZajc/received_events","type":"User","site_admin":false},"created_at":"2015-08-27T21:19:09Z","updated_at":"2015-08-27T21:19:09Z","body":"Good.\r\n\r\nI thought of that but I decided common law tradition is more libertarian.\r\nIt's open to abuse,\r\nBut Im open to discussion (preferable in a separate issue)."}}