Bill: Vote Malicious Prosecution Prevention Act

[zLost]

A
BILL
To
Amend the Criminal Code Act​

The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:

1 - Short Title and Enactment
(1) This Act may be cited as the 'Malicious Prosecution Prevention Act'.
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by ToadKing and Omegabiebel.
(4) This Act has been sponsored by Representative zLost.
(5) This Act has been co-sponsored by Senator Omegabiebel.

2 - Reasons
(1) To prevent malicious prosecutors from waiting until exculpatory evidence and witnesses are unavailable due to the passage of time before bringing charges.
(2) To protect the constitutional right to a fair trial by ensuring timely prosecution when evidence and testimony are fresh.
(3) To provide clarity on when the statute of limitations begins to run for criminal offences.

3 - Amendments
(1) Section 6(8) of PART I: INTERPRETATION AND APPLICATION of the Criminal Code Act shall be amended as follows:

"(8) Statute of Limitations
(a) Except for claims arising from High Crimes, all legal action must be commenced within four months of the date of the alleged offense OR within 2-months of becoming aware of the offence, if outside the Statute of Limitations 4-month timeframe.
(a) Except for High Crimes as defined in subsection (b):
(i) All criminal charges must be commenced within 2 months of the date of the last material illegal action constituting the alleged offense.
(ii) All civil legal action must be commenced within 4 months of the date of the alleged harm or breach, or within 2 months of becoming aware of the harm or breach, whichever is later.
(b) High Crimes excepted from the time constraints of the Statute of Limitations only include:
(i) Corruption
(ii) Whistleblower Anonymity Violation
(iii) Electoral Fraud
(iv) Treason
(v) Political Espionage
(vi) Breach of Integrity
(vii) Bribery
(viii) Whistleblower Suppression
(c) For High Crimes listed in subsection (b), all criminal charges must be commenced within 4 months of the date of the last material illegal action constituting the alleged offence.
(d) The statute of limitations begins to run from the date of the last material illegal action that forms part of the offence charged, regardless of when the offence is discovered or reported.
(i) For continuing offences where illegal conduct occurs over an extended period, the statute of limitations begins to run from the date of the last illegal act in the course of conduct.
(e) Once criminal proceedings have been lawfully commenced through the filing of charges within the applicable statute of limitations, those proceedings may continue even if the statute of limitations subsequently expires during the course of the proceedings.
(i) Once the applicable statute of limitations has expired, the Commonwealth may not file criminal charges for that offence. Any charges filed after the expiration of the statute of limitations shall be dismissed by the court.
(ii) If proceedings are dismissed without prejudice after the statute of limitations has expired, the Commonwealth may not refile charges for that offence.
(f) The burden of proving that charges were brought within the applicable statute of limitations rests with the prosecution."

(2) Section 7 of PART I: INTERPRETATION AND APPLICATION of the Criminal Code Act shall be amended as follows:

"7 - Criminal Law Definitions
(1) Offence means any act, omission, negligence, or conduct which contravenes a provision in this Code and is punishable by fine, imprisonment, or sanction.

(2) Summary Offence means an offence that may be dealt with by immediate penalty, without the need for formal trial. This can be contested before a judicial officer after issue.

(3) Indictable Offence means an offence that must be prosecuted through formal legal proceedings, where the accused is entitled to a fair trial and the opportunity to contest the charges before a judicial officer, and are prosecuted by the Department of Justice.

(4) Criminal Law pertains to offences committed against the peace, order, or security of the state, wherein the state undertakes the prosecution of individuals or entities. Sanctions under criminal law may include fines, imprisonment, community service, or other punitive measures as prescribed by law.

(5) Last material illegal action means the final act or omission that completes the elements of the criminal offence charged.

(6) Continuing offence means an offence characterised by ongoing or repeated illegal conduct over a period of time, where each act contributes to the completion of the offence."

4 - Transitional Provisions
(1) This Act applies to all offences committed after the date of enactment.
(2) For offences committed before the date of enactment:
(a) If charges have not yet been filed, the more favourable statute of limitations (either the old or new provisions) shall apply.
(b) If charges have already been filed, the statute of limitations that was in effect at the time of filing shall continue to apply.