[eV] Making an e-judiciary dissertation.

Day 2,585, 18:27 Published in Cuba North Korea by Demonaire

INDEX

1. Making an e-judiciary disertation.
2. Advertising.

(N. of the E.: Considering the last article, written in spanish, wasn't successful in its goal of to create a constant and dynamic debate and also to establish the new policy of this newspaper -this is: to write two articles in spanish and english, instead to merge two articles with different language in one-, I proceed to publish a new article in english about the same topic. Thank you very much for your comprehension.)

Two political issues have been brought it up lately to the public opinion, forcing me to make the following paper with some legal nuances: first, the Reform to the FAC proposed by Sir Cocodrile with two very objectionable items: the automatic punishment (Article 1😎 with unconcealed, very summarily intention; and the pecuniary sanctions (Article 16), criticized for failing to be enforceable to the future penalized people. Second, the discussion that takes place still at government level to pass a proposed citizenship law to the National Assembly for discussion and voting, where it restates the "Gordian knot" of an hypothetical penalty over a congressman who's exercising their free right to grant citizenship without any government or national dispositions, which generally fails for lack of coercion (in the same way as the reform mentioned beforehand), but that does not cease to require a solution, given the countless and countless cases of foreign coup plotters coming to a country to take it, precisely because of the citizenships granted by parliamentarians intentionally or recklessly (even if it is ironic that the same erepublikan platform left open to the public the approved applications and the congressman who made the approval.) In this essay, I will try to show that it is possible to create a punitive system which, although they have several serious problems in its implementation and execution, can fulfill the objective of generating coercion in the community, coaxing (more that forcing) to follow the directions in line with the general will of a country.


Yeeeeees... many clothes, but that is all we have.

Today, despite all the time since the creation of eRepublik, there is only one official and direct way to establish a penalty on a citizen: the presidential impeachment; other official, but indirect, measure would be the collective political sanction citizens themselves running for political parties at the ballot boxes during official elections in the game, that's all. For the rest, there are no official sanctions against congressmen or party presidents for not following the rules established in the country, let alone a common citizen who, for example, cheat, defame or insult other citizens, or to fight against their country or their allies, or to steal a military unit from another player. Moreover, political sanction to political parties has not always shown efficient in bringing justice to a wrongful act, mainly because the act committed, against the trascendental issues facing a country, may be too minor for even taking into consideration; even if it was severe enough, if it is committed by a person or group of persons, even if it was leaders, would not justify that all party members pay their consequences; and even if all of them will deserve this kind of punishment, those affected would ask second (and third, and fourth ...) opportunities that will certainly be granted.

All this leads to a fundamental question that is completely unresolved under current gaming platform: the principle "Vae Victis", also known as the" justice of the victors ", wrapped in this case to the game of democratic majorities and where the message is clear: to be elected President (of the party or the nation) or Congressman despite having a "penalty" necessarily imply that he was acquitted or exonerated from blame, beyond the "social sanction" that just not cease to be a minority position, although respectable.


OK, yes... I lie, ¿Are you going to judge me, your Ladyship?

However, I believe that the wider community has overlooked the existence of facts that are surplus known worldwide, but, used in a way, are legal tools that can shed light for the treatment of the proposed hypothesis:

+ If we review definitions of "Impeachment" on Google, we find that these are usually present when the people wants to foist to the President the political responsibility for a negative event which was supposedly under their duties, or when political crises occur where there is no confidence in the management of the president.

+ Now, knowing that the Presidency, in addition to official and unofficial powers in the game, also it is given control of a state organization, from which can not only publish articles on managing your government but also manage public resources in gold and money, it is understood that this position has an administrative function that includes the management of these resources to ensure the welfare or activity of Cuban society (e.g. the most common mechanism in this direction: the military distributions.)

+ The sanctions in the forum or IRC are harmless if the offender is usually not a usual visitor to these sites, so it necessarily must be accompanied by sanctions made within eRepublik.

+ The penalties as punishment at the ballot boxes or the impeachment could be improved if there was greater awareness in society about its effectiveness and they had clear in what situations should be used.


Punish me... execute me, Madam "Law"...

Let's see the following case: in Colombia, a political party was punished. The offense? The congressmen definitely refused to donate the medal for their election, as stipulated in the Regulation of Congress. The problem? Its members were not interested in participating in either the national forum or IRC, so a penalty in these places was useless, and the party was strong, with many disciplined members, willing to constantly keep themselves in Congress to continue breaking the Regulation . They knew that, so even took a pride and mocking attitude towards the rest of society to demonstrate how useless it was to bring such rules in the country.

The punishment?

They were forbidden to receive support with resources financed by the State. In other words, Congress (which has for itself the legislature and judiciary of the country) gave the order to the President that no member of that party could benefit from distributions for joint military coordination, from aid to improve the training camps or to train themselves, from food to charge power. That, plus the usual political sanctions (like not being able to have government posts and the congressmen from other parties would vote against any proposal to launch). What if the President breached this mandate despite being responsible for managing the resources? Impeachment.

The result?

The members of the party began to withdraw in droves. This sanction even had its peak with the recent Epic War tournament when the government announced that some of the gold that got the country would go to reward the best fighters and those who had not thrown a single hit at all but announced that punished party members would not see a single gold of that prize. They, in dire straits, threatened to sabotage the tournament striking a single hit to lower the country's ranking and thus the award amount to receive, against which the government was firm in its position, accepting only the golds that were destined to registered members of the sanctioned party would be taken as part payment of the penalty. Today, the party no longer exists, at least for now: he suffered a party coup d'etat from senior members of the country as part of a "social sanction", thanks to his structure, weakened by the financial penalty, and is currently out the parliamentary threshold (when in its day they were the second social and political force in the country). Of course, the sanctioned individuals maintain their penalty (although some have paid the penalty and the fine imposed in its entirety), a penalty that will pursue them regardless of the political party they join.

Of course, it is not a perfect system: besides the fact that, for "Vae Victis" principle, you can suffer abuses through a tyranny of the majority, it is a system made for citizens who have few to nothing economic resources. VISA and Mini-VISA users are surely self-sustaining, so that kind of sanctions probably provoke them to smile and even, with its economic power, can make to turn things in his favor, again following the "Vae Victis". Similarly, nobody can hope that a public sanction affects private spheres, so you must be very careful with situations where ordinary citizens decide to economically support punished ones. Finally, that system not ceases to be a weak system in the sense that can not be applied indiscriminately, filling the country of offenders who, together, can break the legitimacy of the judicial power applied.


Begin to read from here if you think my block of words is insufferable

Based on everything explained above, the conclusion I arrive is:

+ The Cuban penalty system should be built solidly based on three pillars: the presidential impeachment, the political sanction and economic sanctions to individuals and parties. From this viewpoint, the country's President is responsible for enforcing economic sanctions as he is the highest administrative authority , while the Assembly (with Congress as an intermediary) controls such work, judging whether it is worthy or not of an impeachment .

+ Meanwhile, you can raise awareness and empower the Cuban society through multiparcial education, to learn What is political punishment and in what instances the sanction should be applied along with the familiar "social sanction"

+ Accept the "Vae Victis" principle as final. Accept that if a sanctioned is elected congressman or president but he is not impeached, despite being widely publicized his offense and has tried leaving his guilt beyond reasonable doubt, means that the people, in their infinite wisdom , has pardoned him. This is, in my opinion, the only way to properly close the cases where it is felt that the offender has not complied with the penalty should have.

+ Established that hypothetical punitive system on the three pillars already mentioned, we can start with the discussion of pecuniary penalties, penalties of disqualification for public office and, above all, with the procedural system to carry out (if the Assembly or a Judicial Court take care of that power), amongst other things.

I leave, hence, this debate open to reach useful conclusions for all the cuban people.



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