Extraterritorial Jurisdiction Enforcement Act

Krystalrayne

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Extraterritorial Jurisdiction Enforcement Act Proposal


The State of San Andreas reserves the right to charge its citizens for all crimes committed on domestic and foreign soil. Any crime committed by a citizen of the State of San Andreas in the territory of another nation will be charged to the fullest extent of the law in the State of San Andreas. Crimes listed below, Federal and State, committed by a citizen of San Andreas in a foreign land may also be accompanied by a charge of either Obstruction of Justice, Terroristic Threat, or Terrorism depending upon the severity of the crime committed. No citizen of San Andreas is immune to this ruling.

  • The State of San Andreas also reserves the right to extradite any citizen to the country they committed the crime in to face charges there as well as in the State of San Andreas.
  • The charges that this law pertains to are listed below, however the charges the citizen faces for crimes in foreign territory shall ultimately be decided by the justice system at the time of arraignment.
  • Violating laws in foreign territory will also result in the revocation of a travel visa to that land.
  • This decision is in line with the current United States of America position on Extraterritorial Jurisdiction.


Laws Covered by this proposition:

Federal Felonies
  • P.C. 1101 Torture
  • P.C. 1102 Racketeering / RICO
  • P.C. 1103 Airplane/Helicopter Hijacking
  • P.C. 1108 Hostage Taking (Federal)
  • P.C. 1119 Flight to Avoid Prosecution or Giving Testimony
  • P.C. 1137 Terroristic Threat
  • P.C. 1138 Terrorism
  • P.C. 1140 Treason
State Felonies
  • P.C. 2101 1st Degree Murder of a Peace Officer
  • P.C. 2102 Attempted Murder of a Peace Officer
  • P.C. 2103 1st Degree Felony Murder
  • P.C. 2104 Attempted Murder
  • P.C. 2105 Kidnapping
  • P.C. 2106 Hostage Taking (State)
  • P.C. 2107 Aggravated Armed Robbery
  • P.C. 2201 2nd Degree Murder of a Peace Officer
  • P.C. 2202 2nd Degree Felony Murder
  • P.C. 2222 Manslaughter
  • P.C. 2223 Negligent Homicide
  • P.C. 2224 Vehicular Manslaughter
  • P.C. 2225 Attempted Kidnapping
  • P.C. 2226 Felonious Restraint
  • P.C. 2228 Robbery
  • P.C. 2233 Assault w/ Deadly Weapon
  • P.C. 2311 Attempted or Unarmed Robbery
  • P.C. 2314 Rioting
  • P.C. 2315 Aiding and Abetting In The Commission of a Felony
  • P.C. 2318 Smuggling*
  • P.C. 2328 Grand Theft
Misdemeanor Charges
  • P.C. 3103 Assault
  • P.C. 3123 Harboring or Concealing Persons*

* Charges marks with a “*” are dependent on the content and/or severity.



-------------------------

Syn Castillo
District Judge of San Andreas
San Andreas Diplomat to Cayo Perico
 

MissBombastic

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The Extraterritorial Jurisdiction Enforcement Act Proposal poses many ‘hot’ issues, questions and conflicting statements.

1. “Any crime committed by a citizen of the State of San Andreas in the territory of another nation will be charged to the fullest extent of the law in the State of San Andreas.”
Cayo Perico (commonly referred to as just The Island or Paradise) is a private island, not a nation. In order for a piece of land to be deemed as a nation it needs four essential features: Population, Territory, Sovereignty, and Government.
To my knowledge, Cayo Perico does not have a President, Monarch or Government. It also has a limited population to protect the land.

2. “The State of San Andreas also reserves the right to extradite any citizen to the country they committed the crime in to face charges there as well as in the State of San Andreas.”
Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction.
Since Cayo Perico does not have its own President, Monarch or Government, San Andreas will be handing its citizens over to a ‘hostile nation’.(*see foot note)

3. “Violating laws in foreign territory will also result in the revocation of a travel visa to that land.”
Conflicting information in the Extraterritorial Jurisdiction Enforcement Act Proposal labels Cayo Perico as a ‘nation’ and in the above section it labels it as a ‘foreign territory’.
A ‘foreign territory’ means;
  • A land over which has no government, or another government has sovereignty over it.
  • A land temporarily under military occupation by another country.
  • A land occupied or run by another foreign country.

4. The Extraterritorial Jurisdiction laws that have been proposed are wide and varied. Extraterritorial Jurisdiction laws are usually for heinous crimes (murder, kidnapping, assaulting, or threatening of an internationally protected person). This proposal has P.C. 2328 Grand Theft on the same level as P.C. 1101 Torture charge. The scope of laws to be held accountable on another land that has no police of its own, is too broad.

In summary:
  1. How can San Andreas police/patrol a ‘hostile nation’ that has no government or ruler.
  2. How can San Andreas extradite its citizens in good conscience to a ‘hostile nation’ that has no government or ruler.
  3. How can San Andreas expect the Department of Justice courts to uphold such a varied number of laws that are not all heinous crimes, ranging from stealing a car to committing murder. Coupled with the fact that this ‘hostile nation’ lacks legal sources of evidence and has no government.

Regards,
Ruby York
District Court Judge



* 30 August 2021 - The Department of Justice labelled Cayo Perico as a ‘hostile nation’.
https://nonstoprp.net/index.php?threads/cayo-perico.16262/
 

Krystalrayne

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To all concerned,

The question we should ask ourselves is if we were to continue treating Cayo Perico as a hostile nation, are we not holding each regime accountable for the actions of those that came before? As a nation that prides ourselves in the pursuit of Freedom, Justice and Liberty, where is the justice in finding the current regime guilty of hostility when they have taken no actions against the citizens of San Andreas? According to SAMS, the last incident that occurred between Cayo Perico and San Andreas was on August 19, 2021, when Javier Esquelos was in control of the island.

I would rather that we work in alliance with the current leadership of Cayo Perico to ensure the citizens of San Andreas receive a fair trial. Nations and Territories with less than civilized legal systems may use much more harsh measures to punish trespassers and criminals on their lands. As the current leadership is willing to work with us and hand the San Andreas citizens over to us, we should take this as an opportunity to build new relations with their people.


Best Regards,

Judge Syn Castillo
 

JTello

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Your Honorable Judge York,

By stating that Cayo Perico is a hostile nation, we have to recognize them as a nation, and as such we have to accept the the current administration is the government/ruling body to that nation, which I believe fully responds to your first argument, second argument, and third argument. To add to that, the Island is no longer under the former hostile regime that got them labelled as hostile and as such we should not hold the new regime accountable for the actions of the former regime. I would also go so far as to state that the new regime has opened diplomatic ties and seeks peaceful resolutions to any issues we may have with them or that they may have with us, and should therefore have the hostile status removed and simply be seen as a nation.

Going back to the original proposal, the charges are not being held to the same level, they would simply be charged as the criminal code demands. Meaning that by committing the crimes listed, the accused will face the same punishment as they would in Los Santos for the same crimes. To add to that, extradition has never been reserved for only the most heinous of crimes, it ultimately comes down to the ruling party of the nation the suspect was arresting in to decide whether the accused should face extradition. The Island itself has many ways to provide evidence of crimes committed. With that I believe I have also addressed your final argument, that you have listed, on the subject.

Even though I believe myself to have countered your arguments adequately, I will also go through and answer the three questions you have asked.
1. The Island does have a leader, and they have the ability to patrol themselves.
2. The Island does have a government and a leader, and the current regime has been very open to diplomacy and comradery. We should not hold the actions of the previous administration against them.
3. Extradtion has never been exclusive to "heinous crimes" and has almost always been decided by the nation where the arrest took place. The island nation of Cayo Perico has adequate means of providing evidence of crimes committed. It is also the duty of a nation to make sure its citizens are held accountable for crimes they commit.

Sincerely,
Jessica Patterson
 

MissBombastic

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To better the discussion of the proposed Extraterritorial Jurisdiction Enforcement Act, please provide declaration of the newly appointed government, rulers and judicial system of the 'nation' of Cayo Perico.

Extraterritorial Jurisdiction can be enforced on certain crimes that are not covered by the other 'nation' or exigent crimes.
 

skinner

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Without a clearly outlined and organized governmental structure, I cannot in good conscience approve any legislation that acknowledges Cayo Perico as a sovereign nation. I also cannot in good faith extradite citizens of San Andreas to the island when we have absolutely no guarantee for their safety and a fair trial. Do Cayo Perican citizens have any rights or a constitution to protect them from oppression? My only impression of the island is that of the previous ruler, El Presidente, so forgive me if I would like to know the intentions of the new inhabitants of the island. I admit I am skeptical.

My vote is currently no.

- Justice Noonab
 

Mac

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Without a clearly outlined and organized governmental structure, I cannot in good conscience approve any legislation that acknowledges Cayo Perico as a sovereign nation. I

Just for clarity’s sake as it greatly affects law enforcement operations, is the Department of Justice now stating that it DOES NOT acknowledge Cayo Perico as a sovereign nation? If so, does the DOJ classify it as part of San Andreas and/or another type of territory under the United States?
 

skinner

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Just for clarity’s sake as it greatly affects law enforcement operations, is the Department of Justice now stating that it DOES NOT acknowledge Cayo Perico as a sovereign nation? If so, does the DOJ classify it as part of San Andreas and/or another type of territory under the United States?

Without an established government or without any organized group announcing a claim to the island it can only be currently recognized as unclaimed territory. The DOJ has never recognized Cayo Perico as a sovereign nation. This was mainly due to diplomatic ties never being actually established between CP and San Andreas. To my knowledge it was only recognized as hostile territory controlled by an aggressive militia group ran by a dictator. That is, at least, the last official status of the island. The current status seems to be unknown based on statements provided above by the District Judges.

- Justice Noonab
 
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