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Jack Fire

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Jack Fire last won the day on April 17

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About Jack Fire

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    Probably a staff member..
  • Birthday July 31

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  1. King's County Courts Case Completion Regulation These rules bind the King's County Supreme Court and the King's County Supreme Court to the degree allowed under the Constitution. These rules are made pursuant to the DOJ liaison's delegated jurisdiction to create regulations on the operation of King's County Courts The purpose of these rules is to provide provisions on the dispatching of cases and the processes delivering judgement. In force for all proceedings commenced after 30 August 2020. Part 1: Application for Hearings When filing a Criminal Trial Request, the government must certify if they wish to seek a penalty of more than 60 months imprisonment or if they seek the death penalty. When filing a criminal trial request, the government is to specify the criminal charges laid, as well as any common law criminal charges which the government seeks to have decided. A party filing a civil complaint must certify if they are seeking more than $250,000 compensation. A party filing a civil complaint must certify if they are seeking more than $1,000,000 compensation The district court may refer a civil complaint of over $1,000,000 to the Supreme Court in it's original jurisdiction. This is not a requirement. To avoid doubt, the Supreme Court is granted jurisdiction to hear civil complaints where over $1,000,000 is claimed by the plaintiff. Such a hearing shall be heard as a trial under a single justice. When filing a civil complaint, the plaintiff is to specify the legal actions and remedies sought of their claim. Part 2: Judgement in First Instance In civil jurisdiction, the courts are to decide the matter for the plaintiff if they make out all elements of a civil claim on the balance of probabilities. if the plaintiff fails to do this, the court is to find for the defendant. The court may find some actions for the plaintiff and others for the defendant. In criminal jurisdiction, the courts are to decide the matter for the prosecution, finding the defendant guilty, if they make out every element of the criminal charge beyond reasonable doubt. If the prosecution fails to do this, the defendant is to be found not guilty of the charge. The court may find the defendant guilty of some charges but not others. The court may find the defendant guilty of an alternative charge where the facts fail to prove guilt of the charge laid however a charge of a lesser degree of the same type exists, of which the defendant is guilty. Common law principles in relation to defenses are maintained. Appeals are to be dealt with to the satisfaction of the tribunal. The original judgement should be set aside if there has been an error of law in the judgement and it has resulted in a significant miscarriage of justice. An error of fact may only be raised on appeal with leave of the court. The original judgement should be set aside if there has been an error of fact which means there is a substantial possibility an innocent person has been found guilty of a crime they did not commit. If the appellate court allows the appeal and sets aside the previous judgement, they may chose to substitute their own judgement, dismiss the charges or remand the case to a trial court for retrial with or without directions of the appellate court. The court may chose to dismiss the appeal. Nothing in this Part acts to reduce the common law jurisdiction of the Supreme Court and inherent powers to control proceedings. The courts retain their common law jurisdiction in relation to cost orders. Cost orders cannot be made against a criminal defendant in a criminal trial, however a restitution order may be made for damage they have done in committing their crime. Part 3: No Case Applications and Motions for Dismissal A party in a hearing may request a claim, counter claim or criminal trial be struck out or dismissed through a formal motion or application. No case applications and motions for dismissal are to be considered the same. In civil jurisdiction, an application or motion is only to be granted if the judge determines the party making the application or motion shows on the balance of probabilities: the case is an abuse of process, the proceedings are frivolous or vexatious, no reasonable cause of action is disclosed by the other party throughout the communication and a reasonable time has been given to disclose such a reasonable cause of action, or the other party has made an irremediable mistake on any official filings. In civil jurisdiction, a case is only to be dismissed with prejudice if the judge finds one or more condition in 2.3 are present AND no reasonable case filed by the party based on the facts proven or alleged could possibly lead to a successful claim in the court. In criminal jurisdiction, a case may be dismissed without prejudice where there have been an irremediable mistake on any filing or there is insufficient evidence presented within 48 hours of filing the case to demonstrate probable cause that the crime was prima facie committed. In criminal jurisdiction, a case may be dismissed with prejudice where, after the prosecution has been given reasonable time to respond, the evidence submitted by the prosecution, if viewed in the most favorable light, could not support a finding of guilty of the charge. A case shall not be dismissed with prejudice on the basis of a well established common law principle unless such a principle has been addressed by the King's County Supreme Court. A judge may dismiss part or the entirety of a civil claim, counter claim or criminal trial. If a judge dismisses a case, this may be appealed to the Supreme Court. In delivering judgement on appeal, the court may decide to remand the case back to the District Court or may deliver judgement on the case if the facts of the case have been sufficiently addressed at the original trial. Part 4: Oral Hearings or Summary Disposal Generally, there is no requirement for an oral hearing to take place in a criminal or civil trial in the District Court of King's County. Where no oral hearing is held, the case may be disposed of summarily. Prior to a decision being delivered summarily both parties must rest or fail to meet reasonable deadlines of response set by the judge. A party must not refuse to rest for the purpose of having an oral hearing set down. When a party fails to rest their case but has no further arguments the judge may hold that party in contempt of court and summarily decide the case. If the government certifies they are seeking a penalty larger than 60 months imprisonment, the defendant has a right to request an oral hearing unless such a hearing is impractical or not in the interest of justice. Penalties of life imprisonment or the death penalty may only be imposed after an oral hearing. If the government certifies they seek such a penalty the judge assigned the case should assess whether an oral hearing is necessary if there is a significant probability the sentence will be life imprisonment or death if the defendant is found guilty of all offenses (this does not involve an assessment of the evidence but only the crimes which are charged). A party may seek leave of the trial judge for an oral hearing for the following reasons (NOTE: leave is not required to be given, this is left at the judge's discretion who is to decide the matter considering issues of the requirements of justice and practicality): Over $250,000 is claimed by the plaintiff in a civil claim. There is a novel point of law which would benefit from oral arguments. The circumstances of the case are so unique that oral cross examination of witnesses is required and a deposition is not appropriate. There are conflicting laws which must be argued. A witness is unreliable as they have made past statements inconsistent with what is claimed. A judge may order an oral hearing on their own motion with unlimited discretion. A judge may order an alternative to an oral hearing, such as a text based hearing or remote hearing. If such is ordered, this will not be considered disposing of a case summarily. The common law is preserved in relation to trials and appeals to the Supreme Court.
  2. Jack Fire

    King's County Constitution

  3. Hello there, I would like to set up an appointment now that my application was accepted. Please let me know what times would work for you.

  4. Jack Fire

    Removal From Position Policy

    This policy is in force as of 17/12/19
  5. Jack Fire

    Removal From Position Policy

    ANZUSGaming Removal From Position Policy This policy applies to all faction (Police, ect.) removals and staff removals. This policy does not apply to internal management of gangs. All major disciplinary action must be made over voice, not over discord message, with an opportunity with the person being disciplined to hear the charges against them and have a chance to defend themselves before the decision is finalized. This chance to defend one self does not include interviews within the investigation process such as IA interviews. The chance to make a final defense must be given after all evidence is collected. A person has the right to know what incident they are being disciplined for. This includes seeing at least some of the evidence against them to be able to understand the situation they are facing. If the complainant (person reporting) wishes to remain completely anonymous, their evidence must not be released. However the person must be given a summary of what is contained in the evidence. If the evidence is confidential the liaison officer (or lead team for staff) must approve the discipline and be involved in the meeting process. A 'major disciplinary action' includes the following: Blacklist Termination/Removal Demotion of 2+ ranks Demotion within the 'command' structure of a department. (SLT, Command of PD and EMS, ect.) The process for major disciplinary action is as follows: The person is required to arrange a meeting time within 2 days of being sent a discord message. The person must be able to meet within a reasonable amount of time. (4 days from the initial message unless an LOA was approved) The person is given the chance to defend them self at the meeting. The person has a right to legal counsel to be present. The Faction SOPs or Laws of King's County may set out whether the persons legal counsel has the right to speak. Unless otherwise allowed, legal counsel is not there to represent their client and talk for them, they are just there to watch and remind their client when to exercise their right to silence.(For RP related scenarios) If the person fails to respond or meet these requirements the person may be given discipline over discord unless there are special reasons why they cannot meet these requirements. (e.g. LOA without internet which was approved) A member of SMT not involved in the disciplinary action may waive this requirement. The person may be suspended whilst awaiting the meeting. Other disciplinary actions may be done over discord however the person must be given the chance to hear the charges against them and have a chance to defend themselves before the decision is finalized. This may be done over discord, on teamspeak or ingame. The person has a right to legal counsel to be present. (For RP related scenarios) The person must be told the proposed punishment. The person has up to 24 hours to respond to the charges. Once they provide a statement of defense the discipline may be finalized. If the action is done in game and the person is online, they have 30 minutes to seek legal counsel. The persons response/statement of defense must be considered and not just ignored. This is considered both a server rule and a Law of King's County
  6. @balakhninv396 please submit applications from her via PM to my discord or forums account. Standard lawyer applications can still be made in practice certificate applications
  7. DOJ Mass Recruitment Dear members, As many of you are well aware, the DOJ has been quite inactive recently for a number of reasons. While applications for lawyers are soon to be answered I am also putting a callout for the major positions in each department as well as a few judge positions. I have included a list of jobs for which you may apply. This will support a number of the documents becoming updates to allow the courts to operate more efficiently. Your application should be made to me via PM on the forums or PM on Discord. It must include a CV/Resume which outlines your experience and why you would suit the role. Your performance will also be assessed and during your probation period in the role you may be terminated without cause or other people may be given a turn at running the department so I can figure out the best staff. You may also be required to sit a verbal or written test on your preferred legal system. (either a certain country IRL or Kamdan law) If your main character is a criminal, I suggest applying under a new character (AKA new name). If your main character is police your final rank in PD may be limited based upon your role. You must also send the following form filled out: Form 35B - Application to fill casual vacancies of office Name: Social Security Number (Steam 64 ID): Current Occupation (including rank): Application for: Do you have a criminal record: Experience within legal systems: Preferred legal system for test: Reasons you should be employed over other candidates: Other notes: Questions: Open Positions Chief Judge of the District Court of Kamdan (Basically runs the operation side of the main trial court in Kamdan) Supreme Court Justice (x2: DO NOT APPLY WITHOUT LEGAL EXPERIENCE) Judge (x4) Attorney General District Attorney Chief Public Defender Senior Counsel/Prosecutor (x4 for civ, x2 for prosecution) Court Registrar/Legislative Draftsmen (to draft rules, regulations and laws for Kamdan and its courts) Section 14 Rule Trial: Limits on Police Response As you will have all seen, a new section was added to the rules last night. Section 14 introduces a limit on the number of police that can respond to major crimes. For the duration of the trial (1 week), this will be limited to the Commonwealth Banks outside Kamdan City. This rule has been introduced in such a manner for the following reasons: Increase the use of Commonwealth Banks by hopefully making it more fair. Balancing out one of the less fair Major Crimes. (we want rebels to win sometimes ) Trial of something that used to work really well on Australia Life. Commonwealth Bank is still breachable with low numbers provided they play it well NOTE: To balance out this rule, rebels cannot rob a Commonwealth Bank with more people then the total number of police online. Questions on this rule can be posted as replies to this topic and staff will attempt to respond promptly. Some key things are: Police can respond with +2 more people than the robbers declare over text (which includes externals). If there are less then 4 robbers, police can still respond with 6 people. (this is to stop 1 man majors, as majors are endgame teamwork content and contain large amounts of money) You cannot bring more people then you declare and you must declare your numbers truthfully. The declaration must be made within 1 minute of the announcement AND before police arrive on scene and begin attempting to negotiate. (made over 911 dispatch) Once people start dying, neither side can add to their numbers which they already stated. (new people cannot come) Negotiations in person are still required. All other rules still apply to major crimes. This is limited to Commonwealth Banks only. They are signified by a gold/black square logo on the map and are usually found next to paycheck centers. This rule has been under development for a while but we decided to trial it last night after tweaking the trial to limit its effect. Lying about numbers is a serious offense. (in your deceleration) It will result in any money won being confiscated and points being issued. Extra police can only come in once the robbers leave OR all robbers are dead. Extra robbers cannot attend the bank after police are dead/leave. If all police die and additional units move in after the robbers leave, dead robbers that are revived CANNOT be arrested. I hope this clarifies some things regarding to the enforcement of this rule. Please post any questions on this rule, or on any of the other new rules in this forum and I will attempt to provide some explanation.
  8. Jack Fire

    Government Review Act

    Amendment: Repealed Pt 2 Introduced Pts 2A, 2B, 3, 4
  9. Jack Fire

    Government Protection Act

    Purpose: To introduce the secret service to provide protection for the governor, their family and selected members of the government when necessary. Part 1: Powers of the Secret Service The powers of the secret service are only available whilst acting in their capacity as members of the secret service, fulfilling their duty. The secret service has the power of arrest where they believe a person is about to commit, is committing, or has committed a felony offence. Arrested persons are to be handed to police at the earliest convenience. Secret Service members must identify themselves and state the reason for arrest, but have no requirement to mirandize the person. The secret service has the power to use non lethal force to subdue threats to the safety of protected persons, or locations where protected persons will be attending. The secret service has the power to use lethal force when there is an obvious and imminent threat to their own lives or the life of one or more protected people. Members have the authority to open carry and concealed carry class 1 and class 2 firearms. Members must declare such weapons in stops with police, as well as identify themselves and their status as a secret service member. Members must avoid carrying class 2 firearms unless acting as secret service at the time or without a lawful excuse. Members have the authority to open carry class 3 firearms providing all the following are met: The event is designated as a high threat event (by a supervisor+ of the King's County Sheriffs Office or the US Coast Guard or the Director of Secret Service) or the current code is code red/martial law. The members have gained approval from the King's County Sheriffs Office. (given at the time, not prior) (approval is done on a per weapon basis) The weaponry is necessary to protect a protected person. A list of weaponry is given to the King's County Sheriffs Office. This weaponry may be sources from dealers or from the King's County Sheriffs Office where they offer to do so. For the purpose of section 1-6, members may keep up to 4 class 2 firearms in their residences. They may only remove these firearms once authority is granted. Residences used to store firearms shall be registered with the Chief of the King's County Sheriffs Office. Members are immune to traffic law infractions when performing their duties. Members may still be charges with misdemeanor traffic offences and felony traffic offences where it was not necessary to breach the law. Members are immune to prosecution when they have committed a crime in the course of their duties but were allowed to do so by their powers. (or incidentally allowed to do so) It must be necessary to breach the law. Secret Service have the power to carry class 1 firearms inside courthouses, prisons and police headquarters, however they must leave class 2 and class 3 firearms inside their vehicles unless a major situation occurs which requires larger firepower and access to the weaponry is allowed by the Kamdan State Police or Sheriffs Office. Senior Members and the Director have the power to establish a safe house with an armory of up to five class 3 firearms. In the event of an attack on the life of a protected person, and the person is moved to the safe house, these weapons may be used inside the premise. The location of the safe house must be registered with the Chief of the King's County Sheriffs Office. (but is not to be published) When using the weapons inside the safe house, the King's County Sheriffs Office must be contacted with details of the incident. A record must be kept of the weapons inside the safe house. Weapons may be used outside the house when necessary, to eliminate threats reasonably close to the house. Part 2: Membership of the Secret Service The director of the secret service shall be appointed by the Governor and approved by the Chief of Police. (after a criminal background check) The director shall appoint members of the secret service. The director has the power to request background checks on all prospective members. The director is to avoid persons who may be a threat to the lives of protected persons. Members shall not be chosen from the Kamdan State Police or the Kamdan Fire Service [ie. Must be civ characters, can double life as those factions though.] Members of the secret service shall automatically be granted a license for class 2 firearms. Members are to wear the standard uniform as provided by the Standard Operating Procedures published by the governor's office. (whilst fulfilling their duties) All members are to wear the same clothing and vest. Members are to only use the weapons provided in the Standard Operating Procedures published by the governor's office. Members are to only use the vehicles provided in their Standard Operating Procedures published by the governor's office. Members of the secret service will be expelled and charges if found to be committing crimes. Members are to avoid initiation with police unless in the case of corrupt officers making an attempt on a protected persons life. Members of the secret service are to allow the Kamdan State Police and Sheriffs Office to assist with protection where they purport to do so. Part 3: Protected Persons The Secret Service is to protect only persons designated a 'protected person'. The governor's office is to develop a guideline for low, medium and high threat events. The King's County Sheriff's Office, US Coast Guard or the Director of Secret Service may designate events a certain threat based on these guidelines. The governor and the governor's family are all protected people. The lieutenant governor is a protected person. Judges and Justices are protected persons where they are attending medium or high threat events, or threats against the life of the person have been recently made. High profile court cases can qualify for this event where marshals are present at the court house. Ministers and Secretaries of the Executive are protected persons where they are attending medium or high threat events, or threats against the life of the person have been recently made. The secret service is not required to individually protect all protected persons at events where multiple attend. Instead they are to prioritize their resources while generally providing protection to all protected persons. Where there is an attack on the life of a protected person, the priority should be on the life of the protected person, not just the elimination of the person creating the threat. It is not the duties of the Secret Service to police persons committing general crimes.
  10. Jack Fire

    Rule reform

    This is the current interpretation of the rule. It is not per person. It is per faction. As addressed by the officer above. The current reasoning behind the current rule is: - Making it less complicated - Police can be taken to court for excessive use of force. (Police are managed by both rules and SOPs/Laws, which isn’t quite the case for most Civs) - Civs want to be able to stop, jump out and just gat cops
  11. Jack Fire

    Government Review Act

    Amendment: Inserted s 11 (moved all other sections down 1): ' Any interested parties may request reasons for decisions, including SOPs broken and acts which constituted the finding against the disciplined party (or any other interested party). This applies to ICAC and any administrative body which made a disciplinary decision. ' Note: This is to apply retrospectively. Note 2: It is more then likely there was a common law duty to provide reasonings that already existed. This is just to formalise such a duty. The common law principles still apply.
  12. Hey Just wanted to know if I can talk to you about getting my lawyer back please I would like to speak to you on TS

  13. Jack Fire

    Government Review Act

    Purpose: The purpose of this act is to enable proper review of administrative bodies performing their functions. It also puts forward a way to punish officials who fail to properly execute their duty or people who act corruptly. The government includes the Kamdan State Police, Kamdan Sheriffs Office and Kamdan Emergency Medical Service. Part 1: Royal Commissions The Attorney General or Governor may appoint a royal commissioner to run a royal commission on any issue they may see fit. The Attorney General or Governor must give a term of reference for the commission containing (as a minimum): The duration of the commission, The jurisdiction of the commission, The power of the commissioner to appoint deputies and the number if deputies allowed, The purpose of the commission, What the commission is able to investigate, and What the royal commission can make findings on The royal commission is to make findings and recommendations around the terms of reference. The royal commission must first make a draft report which can be responded to by any party with sufficient interest. Terms of reference may be updated by the person appointing the commission. If the person seeks to reduce the scope of the investigation this must be approved by the Chief Justice. Where the person retires, either the current Governor or Attorney General may exercise this power. The royal commission has the power to compel witnesses to answer. If this power is exercised, the statement cannot be used as evidence in any court unless obtained by other methods. Contempt of the commission is punishable by up to a $20,000 fine and 5 months imprisonment. The royal commissioner has the power to subpoena persons or evidence on their own motion. The commissioner may not make determinative findings of guilt or the like. The final report must be available to the public and accessible online. The royal commissioner and any deputy is protected from defemation suits for actions taken while exercising the power of the royal commissioner. Part 2A: Senate Disciplinary Review Committee This act establishes the Senate Disciplinary Review Committee. The Committee is to be made up of 3 members of the legislature [SMT] selected by simple ballot after nomination. The 3 members shall select the president among themselves. Where the Committee can not resolve the position of president, it shall be resolved by a secret ballot of the legislature. Any interested party may appeal a decision of Internal Affairs of either the Kamdan State Police or Kamdan Fire Service, or the Lawyers Ethics Committee. (Or any disciplinary decisions made by the Command structure of the government sector) Interested parties include the complainant and any person who has had a negative finding or decision been made against them. The initial appeal shall be presided over by one member of the Committee as selected by the President (if available). To successfully appeal the Applicant must establish an 'error in law' from the original decision. Where it is appropriate, the head of the executive body (e.g. Chief of Police) or the President of this Committee may endorse the Committee to seek the 'correct and preferable decision' where a technical error is not required. New evidence may be brought to the Committee where the hearing seeks the 'correct and preferable decision'. The formal rules of evidence do not apply. The Member may chose to remove any punishments, modify any punishments they see fit or remit the case back to the original decision maker with a deceleration on the error that was previously made. Appeals must be made within 1 month of the decision being made unless leave is granted by the president or a court. The decision of the Senate Disciplinary Review Committee may be appealed by either the head of the executive body interested (e.g. Chief of Police), the Applicant for the Appeal or the Person Subject to the Discipline. The right to appeal is automatic but must be exercised within 7 days. The Committee must give notice of this right in their decision. This appeal is resolved by a simple ballot of the legislature [SMT] where an absolute majority is required to overturn the decision of the member of the Senate Disciplinary Committee. If this is successful, the Appeal is reviewed again by a different member of the Committee. The Committee shall only hear appeals if an internal appeal has already been made to the relevant authorities or such an appeal is impossible. Special leave of the Senate Disciplinary Review Committee may void this requirement. Findings of each Review must be made public unless it would not be in the public interests to do so. (this does not require the evidence to be made public) The Senate Disciplinary Review Committee may request any case records or evidence from any Internal Affairs body, ethics or conduct committees. The Senate Disciplinary Review Committee cannot be limited in jurisdiction other then by this act. The president of the Senate Disciplinary Review Committee may develop their own conduct rules and process rules under which the Committee operates. Part 2B: Freedom of Information Any party sufficiently interested in a disciplinary decision by any government department or contractor may request reasons for decisions, including SOPs broken and acts which constituted the finding against the disciplined party (or any other interested party). This applies to Senate Disciplinary Review Committee and any administrative body which made a disciplinary decision. Any party may request documents containing personal information relating to them. These must be provided unless it is in the public interests not to provide them. Other government documents may be requested by any party. These are only required to be provided where it is in the public interest to release them. The government may chose to disclose documents even when not strictly required to by law. Reasons for denying a freedom of information request must be given when requested. Failure to provide documents may be appealed to the Kamdan District Court or Supreme Court of Kamdan. The Courts may request to see the documents in chambers in deciding the issue. The appeal must be commenced within 10 days notice of the decision becoming available. Part 3: Attorney Generals Department This act clarifies the power of the Attorney Generals Department in relation The members shall investigate all issues forwarded to them on claims of corruption of government officials, including police, medics and judiciary members. Claims must be made within one month of the facts which go towards the claim. (unless it is ongoing over a long period of time) The members may investigate government officials for failing to properly execute their duties. (this is discretionary) Claims must be made within two weeks of the facts which go towards the claim. (unless it is ongoing over a long period of time) A member may issue an infringement notice of up to $100,000 for corrupt conduct or up to $60,000 for failing to properly execute the persons duty. Infringement notices can be challenged in the District Court of Kamdan A member may commence proceedings in the Supreme Court of Kamdan or the Kamdan District Court for jail sentences or other punishments to be imposed. The Attorney General or the District Attorney may suspend a person for up to 24 hours [IRL time] pending review by a member of Internal Affairs or Police Command. This may only be done if the person is placed under arrest for a felony offence which is committed in the line of their duty. The Attorney Generals Department may forward any issues of non-senior members of executive bodies to the appropriate investigatory body and hence conclude their investigation. (e.g. Internal Affairs) They may also request evidence at the conclusion of any issue for the purpose of pursuing prosecution. A failure to provide evidence in itself is not an offence however a failure to provide evidence where there is a strong case of criminal conduct will constitute obstruction of justice. A court order can reduce the Attorney Generals Department jurisdiction over a particular case where appropriate. It is an offence for a member of the Attorney Generals Department to leak confidential material or material provided in confidence to persons who they are not legally required to provide it to. This also includes excessive public comments on issues. Part 4: Supreme Court of Kamdan The Supreme Court of Kamdan may remove or demote any person who is found guilty of an offence. The Kamdan District Court is given the same power when they issue a jail sentence to be served by a current officer of any government department (including the KSP and EMS) or contractor. The Supreme Court of Kamdan and the Kamdan District Court has the power to grant subpoenas for evidence where it relates to a current case and there are sufficient grounds to do so. The Supreme Court of Kamdan and the Kamdan District Court can compel witnesses to answer unless they plead their right against self-incrimination. The Kamdan District Court and Supreme Court of Kamdan can hold people in contempt for up to $100,000 fine or 25 months imprisonment. Such decisions of the Kamdan District Court can be appealed to the Supreme Court of Kamdan. The Courts are to act properly in their duties and not pervert the operation of Natural Justice, the law or the Separation of Powers.
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