[[Discussions / Questions] San Andreas Penal Code]

Suggestion:

 

I think we should have a chapter that defines what basic conditions must be met for a person to have criminal liability or not.

If not an own chapter, but tried to implement some of the listed suggestions.

 

Such a chapter could have been designed in this way, or similar:

 

Chapter #X. Basic conditions for criminal liability

 

x01 - Requirement of legal authority
Criminal law reactions, cf. sections 1 to 7, can only be imposed on the basis of law.

 

x02 - Participation
A sentence also affects the person who contributes to the sentence being broken, unless otherwise decided.

 

x03 - Attempt

Anyone who has attempted to commit an offense that may result in imprisonment for X Minutes or more, and who does something that is intended to lead directly to the execution, is punished for attempt, unless otherwise decided.

 

Anyone who voluntarily refrains from completing the offense or prevents it from being completed, is nevertheless not punished for attempt.

 

x04 - Emergency Law

An act that would otherwise be punishable is legal when
 

a) it is made to save life, health, property or another interest from a danger of injury that can not be averted in any other reasonable way, and

b) this risk of injury is far greater than the risk of injury in the act.

 

x05 - Emergency Guardian

An act that would otherwise be punishable is lawful when it

 

a) is carried out to prevent an illegal attack,
b) does not go further than necessary, and
c) does not obviously go beyond what is justifiable, taking into account how dangerous the attack is, what kind of interest the attack violates, and the attacker's guilt.

The rule in the first paragraph applies correspondingly to anyone who initiates a lawful arrest or seeks to prevent someone from evading custody or execution of a custodial sentence.

 

Exercise of public authority can only be met with an emergency guardian when the exercise of authority is illegal, and the person who carries it out acts intentionally or with gross negligence.

 

 

x06 - Self-Empowerment

An act that would otherwise be punishable is legal when the person having the right acts to restore an illegally altered state, and it would be unreasonable to have to wait for the assistance of the authorities. Power against a person can only be used when the violation of the law is obvious, and must not go further than justifiable.

 

 

[Veterans of LS-RP]

Simon Rex here! (Best chopper pilot)

LSPD Chief Pilot in 2012-2014 I think.