Criminal Code of Nyrmod

# **Part I. Principles**

## **Article 1 - Principle of Legality**

1. No offense is punishable except by virtue of a preceding statutory penalty provision.
2. In the event of a change in the legislation after the time when the offense was committed, the provisions most favorable to the suspect will be applied.

## **Article 2 - Principle of Territoriality**

* The penal code can be used to anyone who is guilty of any criminal offense in Nyrmod.

## **Article 3 - Nyrmodian (air) vessel, outside of the Republic of Nyrmod**

* The penal code applies to anyone who is guilty of any criminal offense outside Nyrmod on board of a Nyrmodian vessel or aircraft.

## **Article 4 - Criminal Offences outside of the Republic of Nyrmod**

**The penal code applies to anyone who is guilty outside of Nyrmod:**

1. to any crime with regard to currency, coin or banknotes, stamps or government marks issued by the government.
2. to forgery of debentures or certificates of debt of the Nyrmod or of a Nyrmodian province, municipality or public institution, the talons, dividend and interest certificates pertaining to these documents, and the certificates issued in lieu of these documents, including, or to the deliberate use of such a false or forged item as if it were genuine and unadulterated.
3. to a terrorist offense, if the offense was committed with the intention of frightening the population or part of the population of Nyrmod, a Nyrmodian government or an institution or organization established in Nyrmod to unlawfully compel to do, not to do or to tolerate something or the fundamental political, constitutional, economic or social structures of Nyrmod or an institution or organization established in Nyrmod.

## **Article 5 - Crime against Nyrmodian Abroad**

1. The penal code applies to anyone against whom criminal proceedings have been taken over by Nyrmod from a foreign state on the basis of a treaty from which Nyrmod has jurisdiction to prosecute.
2. For the purposes of the first paragraph, a foreigner who has a permanent place of residence or residence in the Republic of Nyrmod is equated with a Nyrmodian.

## **Article 6 - Jurisdiction by Treaty**

The penal code applies to the skipper and the persons on board an Nyrmodian vessel who are guilty of criminal offenses outside of Nyrmod, also outside the ship.

## **Article 7 - P**unishments:

**Main Punishments:**

1. detention

1. community service
2. fine
3. jail sentences (not harsh and main focus is rehabilitation)
4. psychological treatment
5. rehabilitation

**additional punishments:**

       a.   deprivation of certain rights

    b.   confiscation

    c.   publication of the court decision

III. Crimes threatened with a custodial sentence or a fine or offences threatened with a custodial sentences may instead be subject to community service. A community service order consists of a community service order, being the performance of unpaid work, or a training order, being following a learning project, or a combination of both.

IV. In the event that imprisonment, detention or psychological treatment substitute custody is not included, or a community service order is imposed, a fine may also be imposed.

V. An additional penalty may, in cases where the law permits its imposition, be imposed separately or together with principal penalties and with other ancillary penalties/

## **Article 9 - Judicial Pardon**

* If the court considers this advisable in connection with the minor seriousness of the offense, the personality of the offender or the circumstances under which the offense was committed or which occurred afterwards, it may determine in the judgement that no punishment or measure will be taken.

## **Article 10 - Length of Prison Sentence**

1. Imprisonment is most likely to be temporary, but it can be for someone's whole life.
2. The main focus of imprisonment is rehabilitation of the criminals.
3. The term of imprisonment can run from one day to a maximum of fifteen years.
4. if a criminal is to be convicted for the second time, the punishment will be harsher or longer.
5. Continuation of 10.4, In terms of imprisonment this means that the imprisonment will be longer. The imprisonment will then be for life long or 30 years of imprisonment/rehabilitation.

## **Article 11 - Establishments**

**Rules are laid down by or by virtue of law with regard to the enforcement of custodial sentences and custodial measures. These rules in any case concern:**

1. the designation and destination of establishments intended for this execution
2. the selection of the persons in respect of whom the enforcement of the aforementioned penalties and measures will take place for the institutions
3. the management of the establishments and the supervision thereof.
4. the regime in the establishments.

## **Article 12 - Nursing in Imprisonment**

1. A person sentenced to imprisonment who qualifies for this because of the defective development or morbid disorder of his mental faculties can be placed in a correctional facility for the nursing of persons made available.
2. If a person sentenced to imprisonment is also subject to the order of placement with an order for nursing by the government, it will be assessed at regular intervals whether the convicted person should be placed in a correctional institution for the nursing of persons made available. Further rules regarding this assessment will be laid down by or pursuant to an Order in Council. These rules will in any case concern the frequency of the assessments, the procedure to be followed, including advice by behavioral experts, and the manner in which the assessments should take place.
3. Placement pursuant to subsection 1 and its termination shall take place in accordance with rules to be laid down by order in council, on the order of the Minister of Justice, given after a reasoned, dated and signed advice from at least two behavioral experts from different disciplines - including a psychiatrist - who examined the person. Such advice must be issued jointly by the behavioral experts or by each of them individually.

## **Article 13A - Suspended sentences**

1. In the event of a sentence of imprisonment not exceeding two years, to imprisonment, including replacement detention, to community service or to a fine, the court may determine that the sentence or part thereof will not be executed.
2. In the event of a sentence of imprisonment of more than two years and a maximum of four years, the judge may determine that part of the sentence, up to a maximum of two years, will not be executed.
3. The court may further determine that additional punishments imposed will not be enforced in whole or in part.

## **Article 13B - Probation**

1. Application of Article 13a. is subject to the general condition that the convicted person is not guilty of an offense before the end of the probationary period.
2. When applying Article 13a, the following special conditions may also be imposed:
	* a. full or partial compensation for the damage caused by the offense within a term to be determined by the court, shorter than the probationary period.
	* b. Admission of the convicted person to an institution for nursing during a period to be determined by the court, at most equal to the probationary period.
	* c. payment of a deposit to be determined by the court, not exceeding the difference between the maximum fine that can be imposed for the offense and the fine imposed.
	* d. payment of a sum of money to be determined by the court in the violent crime compensation fund or in favor of an institution whose object is to represent the interests of victims of criminal offenses. The amount cannot exceed the maximum fine that can be imposed for the offense.
	* e. other special conditions concerning the conduct of the convicted person, which he has to comply with during the probationary period, or a part thereof to be determined in the conviction.
3. The special conditions may not restrict the freedom of the convicted person to practice his religion or belief and not restrict political freedom.

## **Article 13C - Public Prosecution Service**

1. The Public Prosecution Service is responsible for supervising compliance with the conditions.
2. The court may instruct a probation institution designated by order in council or a special probation officer to provide assistance and support to the convicted person in complying with the conditions.

## **Article 13D - Probationary period**

1. The judge who has imposed the condition may shorten or extend the probationary period once, either after receiving a claim from the public prosecutor or at the request of the convicted person. The extension will take place for a maximum of one year.
2. Likewise, during the probationary period or during the time that it is suspended, the judge referred to in the first paragraph may amend the specified special conditions or amend the period to which these conditions are limited in their operation within the probationary period, cancel these conditions, and yet special conditions. and give, change or cancel an order as referred to in Article 13c.

## **Article 13E - Conditions Probationary period**

1. If any stipulated condition is not complied with, the judge can, if he finds reason to do so, after receiving a claim from the Public Prosecution Service and without prejudice to the provisions of Article 13d,
	* a. order that the unenforced penalty will be enforced.
	* b. order, whether or not while maintaining or changing the conditions, that part of the unenforced sentence will still be enforced.
2. The court that imposed the sentence is competent to deal with the claim. If the convicted person is prosecuted for an offense committed before the end of the probationary period, the following is authorized to deal with the claim:
	* a. the court, if it is authorized to take cognizance of the offense at first instance.
	* b. the Sub district Court, if he is authorized to take cognizance of that fact and of facts in respect of which the conviction, to which the claim relates, has been pronounced.
3. In that case, the claim is filed by the Public Prosecution Service charged with prosecuting the offense and can only be allowed on the occasion of a conviction. If the claim is for the execution of a sentence of imprisonment of . more than one year, it will not be heard by a single-judge section of the court.
4. The claim referred to in the first paragraph is dated on the day of receipt at the registry. The Public Prosecution Service is not admissible in its claim if it is filed later than three months after the expiry of the probationary period.

## **Article 13F - Public Prosecution Service claim**

1. In the cases referred to in Articles 13c and 13d, the Public Prosecution Service brings the case by submitting a reasoned claim. If the convicted person has submitted a request to apply Article 13c to the judge, the Public Prosecution Service shall submit a reasoned conclusion as soon as the petition has been submitted to him.
2. Immediately after the submission of the claim or the conclusion, the judge shall determine, unless the summary inspection of the documents gives rise to not dealing with the claim or request, a day for the examination of the case. In the case referred to in Article 13e, third paragraph, second sentence, the handling of the claim shall take place simultaneously with the handling of the offense for which the sentenced person is being prosecuted.
3. The Public Prosecution Service shall summon the convicted person and the person charged with providing assistance and support to attend the investigation, while serving the claim or conclusion on the convicted person.

## **Article 14A - Conditional Release**

1. The conditional release is subject to the general condition that the convicted person is not guilty of an offense before the end of the probationary period.
2. Conditional release may also be subject to special conditions regarding the conduct of the convicted person.
3. The special conditions may include participation in program activities aimed at a return to society or undergoing rehabilitation or psychological treatment. The special conditions may also include restrictions on the convicted person's behavior and freedom of movement.
4. The special conditions may not restrict the freedom of the convicted person to practice his religion or belief and not restrict political freedom.
5. The Public Prosecution Service takes the decision on imposing special conditions.
6. The director of the penitentiary institution advises on the special conditions to be set. The probation service can advise on the special conditions to be set.
7. The Public Prosecution Service can supplement, amend or cancel the specified special conditions. The convicted person will be notified immediately in writing of such a change.
8. Further rules may be laid down by or pursuant to an Order in Council regarding the formulation of the decision.

## **Article 14B**

1. The Public Prosecution Service is responsible for supervising compliance with the conditions.
2. The Public Prosecution Service may instruct a probation service to provide the convicted with guidance and supervision of compliance with the special conditions. If a condition is not complied with, the probation institution will immediately report this to the Public Prosecution Service.
3. Further rules regarding the supervision to be exercised may be set by or pursuant to an Order in Council.

## **Article 14C**

1. The probationary period starts on the day of the conditional release.
2. The probationary period of the general condition is equal to the period for which conditional release is granted, but is at least one year.
3. The probationary period for a special condition is set by the Public Prosecution Service, but is no more than the period for which conditional release is granted.
4. The probation period does not run during the time that the convicted person is deprived of his liberty by law.

## **Article 14D**

1. Conditional release can be postponed or withheld if:
	* a. The convicted person on the grounds of the defective development or morbid disorder of his mental faculties has been placed in an institution for nursing the persons made available and his nursing needs to be continued.
	* b. it has become apparent that the convicted person has committed serious misconduct after the start of the execution of his sentence, which misconduct may be evidenced by:
		+ serious objection or a conviction for a crime
		+ conduct that has led to the imposition of disciplinary punishment on several occasions during the execution of the sentence.
	* c. the convicted person withdraws or attempts to do so after the commencement of the execution of his sentence.
	* d. by setting conditions, the risk of recidivism for crimes can be insufficiently curtailed or if the convicted person declares himself unwilling to comply with the conditions.
	* e. The custodial sentence being executed is the result of an irrevocable conviction by a foreign court and enforcement has been taken over according to the applicable treaty, to the extent that the possibility of postponement or failure to release on parole has facilitated the consent of the foreign authority to the transfer.
2. If our Minister of Justice is of the opinion that on one of the grounds referred to in the first paragraph, there is reason to postpone or omit the conditional release for a specific period, he shall request the Public Prosecution Service to file a claim to that effect.
3. If the Public Prosecution Service is of the opinion that on one of the grounds referred to in the first paragraph there is reason to postpone or omit the conditional release for a specific period, it shall immediately address a written claim to that effect to the court that has at first instance become aware of the offense for which the sentence to be executed has been imposed. The claim contains the ground on which it is based. A copy of the claim is sent to the convicted person.
4. The claim referred to in the third paragraph must be received at the registry of the court no later than thirty days before the time of conditional release. The public prosecution service is admissible in a claim submitted later if it can demonstrate that a circumstance as referred to in the first paragraph did not occur until afterwards.
5. The conditional release can be postponed each time for a specific period or, after it has been postponed, be omitted. This applies the paragraphs 3 to 4.

## **Article 14E**

1. With the claim referred to in article 14d, subsection 3, the Public Prosecution Service shall send the relevant documents to the court. The chairman of the court will then immediately set a day for the investigation of the case, unless he determines that the public prosecutor's office cannot accept his claim.
2. Pending the decision of the court, the convicted person will not be released on parole.
3. If it turns out that the convicted person does not have legal counsel, the chairman will, at the request of the convicted person, order the legal aid office to add counsel. The convicted person and his counsel may inspect the documents before the start of the investigation.
4. Both the public prosecutor and the convicted person are authorized to have witnesses and experts summoned or to have them summoned in writing to be present at the investigation.
5. The case can be heard and decided by a single-judge section of the court. The investigation of the case takes place in open court. The convicted person is given the opportunity to be present at the handling of his case and to be assisted by legal counsel. The Public Prosecution Service is present at the investigation and is heard on the matter. During the investigation, the Public Prosecution Service may change his filed claim.

## **Article 14F**

1. If the court upholds the claim of the public prosecution service, as referred to in section 14d, subsection 3, it will determine that the person sentenced will be released at the time indicated in the claim.
2. If the court rejects the claim in whole or in part, it will determine the time at which the sentenced person will be conditionally released.
3. In its decision on the claim, the court may advise on special conditions to be attached to the conditional release.
4. The court's decision on the claim is reasoned and pronounced in public. The Public Prosecution Service will immediately inform the convicted person in writing of the decision of the court.
5. There is no legal remedy against the court's decision.

## **Article 14G**

1. Conditional release can be revoked if the convicted person has not complied with an associated condition.
2. The conditional release can be revoked in whole or in part. If the parole has been partially revoked, the convicted person will be released again on parole after he has served the part of the custodial sentence still to be executed.

## **Article 14H**

1. If there are serious grounds for suspecting that a convicted person who has been conditionally released has behaved in such a way that the conditional release will be revoked, his arrest may be ordered by the Public Prosecution Service.
2. If it continues to consider the arrest necessary, the Public Prosecution Service shall, in addition to the claim referred to in Section 14i, subsection 2, immediately submit a claim for suspension of the conditional release to the Examining Judge.
3. The examining magistrate will make a decision within three times twenty-four hours after the arrest. Pending the decision of the examining magistrate, the convicted person will not be released.
4. The convicted person is heard by the examining magistrate. Counsel is authorized to be present during the investigation and to take cognizance of the relevant documents.
5. If the examining magistrate allows the prosecution's claim, he orders the suspension of the conditional release. If he rejects the claim, he orders the resumption of the conditional release of the convicted person.
6. The Public Prosecution Service will immediately inform the convicted person in writing of the decision of the examining magistrate.
7. The term of the suspension ends by operation of law if:
	* a. The moment when the duration of the deprivation of liberty becomes equal to the duration of the period for which conditional release has been granted.
	* b. The time of the court decision on revocation of the conditional release.
8. The order to suspend the conditional release can be lifted by the court. It can do this officially, at the request of the convicted person or at the request of the Public Prosecution Service.

## **Article 14I**

1. If our Minister of Justice is of the opinion that the convicted person has not complied with a condition and full or partial revocation of the conditional release is required, he shall request the Public Prosecution Service to submit a claim to this effect.
2. If the Public Prosecution Service is of the opinion that the sentenced person has not complied with a condition and revocation of the conditional release is required, it immediately submits a written claim to that effect to the court. The claim contains the ground on which it is based.
3. The court that has heard of the offense in respect of which the sentence to be enforced has been imposed is competent to hear the claim. If the convicted person is prosecuted for an offense committed before the end of the probationary period and the claim for revocation of the conditional release in connection with that offense, the court having jurisdiction over the offense has jurisdiction. The claim is filed by the public prosecutor charged with prosecuting the offense and can be granted on the occasion of a conviction for that offense.
4. The public prosecution service shall summon the convicted person and, if Section 14b, subsection 2, has been applied, the person charged with supervision and supervision, to attend the hearing, while serving the claim.

## **Article 14J**

1. If the claim of the Public Prosecution Service, referred to in Article 14i, second paragraph, is allowed, the court orders that the part of the custodial sentence that has not been enforced as a result of the application of the conditional release must be undergone. In its decision on the claim, the court can advise on special conditions to be attached to the conditional release.
2. In the event that the conditional release is revoked after it has been suspended, the execution of the custodial sentence will be deemed to have been resumed on the day of the arrest, referred to in Article 14h, first paragraph.
3. The court's decision on the claim is reasoned and pronounced in public. The public prosecutor shall immediately inform the convicted person of the decision of the court.
4. There is no legal remedy against the decision of the court on the claim for revocation of the conditional release, insofar as it is not part of rulings on other criminal offenses.

## **Article 14K**

1. In the cases in which a claim for revocation of the conditional release is rejected or the public prosecution service is declared inadmissible in its claim, the court of fact that last ruled on the claim may, at the request of the sentenced person, pay him compensation of the state for the damage he has suffered as a result of deprivation of liberty suffered under Article 14h, fifth paragraph.

## **Article 14L**

1. Our Minister of Justice may determine that for a certain period and for certain categories of prisoners the conditional release can take place at an earlier time in connection with a shortage of places for the execution of custodial sentences or custodial measures in psychological institutions.

## **Article 15 - Duration of Detention**

* Regulations for further regulation of the provision of assistance and support to convicted persons are laid down by or pursuant to an order in council.

## **Article 16 - Detention**

1. The duration of the detention is at least one day and at most one year.
2. It can be imposed for a maximum of one year and four months in cases where due to an increase in punishment in connection with concurrence.
3. Under no circumstances can it exceed one year and four months.

## **Article 17 - Mutatis Mutandis**

* Article 13 applies mutatis mutandis to a person sentenced to custody or substitute custody.

## **Article 18 - Custodial sentence unit of account**

* The duration of the temporary imprisonment and detention is indicated in the court order in days, weeks, months and years, not in parts thereof.

## **Article 19 - Judicial Minsterial basis**

* The head of the Department of Justice is empowered to determine in special circumstances in the interest of state security that custodial sentences are executed outside Nyrmod.

## **Article 20A - Community Service**

1. The judgment or the punishment order states whether the community service order consists of a community service order, a training order or a combination of both, as well as the number of hours that the sentence will last. The judgment or the punishment order may state the nature of the work to be performed or the learning project to be followed.
2. The number of hours that the community service order lasts is a maximum of four hundred and eighty, of which no more than two hundred and forty hours of community service.
3. The term within which the community service order must be completed is one year after the judgment becomes final, or six months after the punishment order becomes final. The Public Prosecution Service may extend this term once by the same term, ex 10officio or at the request of the convicted person. It sends a notification of this to the convicted person as soon as possible.
4. The period within which the community service order must be carried out is extended by the time that the convicted person is deprived of his liberty by law and by the time that he is unlawfully absent.

## **Article 20B**

1. In the judgment imposing community service, the judge orders, in the event that the convicted person does not perform the community service properly, that substitute detention be applied.
2. The duration of the replacement detention is determined in whole days, weeks or months.
3. The replacement detention is for a minimum of one day and a maximum of eight months. No more than one day is imposed for every two hours of community service.
4. When part of the community service order to be performed has been fulfilled, the duration of the replacement detention decreases proportionately. If this reduction means that part of a day would have to be held in substitute detention, it will be rounded up to the nearest number of whole days.

## **Article 20C**

* Regarding the manner in which the community service order is or has been carried out, the Public Prosecution Service may, in accordance with rules to be laid down by order in council, obtain information from bodies and persons working in the field of rehabilitation.

## **Article 20D**

1. The Public Prosecution Service can change the imposed penalty with regard to the nature of the activities to be performed or the learning project to be followed, as referred to in Article 20c, first paragraph, second sentence, if it is of the opinion that the convicted person does not receive the community service order entirely in accordance with the imposed can or could have performed punishment. The Public Prosecution Service approaches the imposed punishment as much as possible. The Public Prosecution Service will notify the convicted of this.
2. The Public Prosecution Service shall serve this notification to the convicted person as soon as possible. The notification contains the number of hours of community service that, in the opinion of the Public Prosecution Service, has been performed, as well as the penalty as determined in more detail for the rest.
3. The convicted person may lodge an objection against the notification referred to in the second paragraph within fourteen days after it has been served to the court that imposed the sentence. The judge can change the decision of the public prosecutor. The first paragraph applies similar applications.

## **Article 20E**

1. If the person sentenced to a community service order does not commence the community service order or if the public prosecutor is of the opinion that the convicted person has not or has not properly performed the imposed community service order, the public prosecutor can order the enforcement of the substitute custody. The Public Prosecution Service will notify the convicted of this.
2. The Public Prosecution Service shall serve this notification to the convicted person as soon as possible. The notification contains the number of hours of community service that, in the opinion of the Public Prosecution Service, has been performed, as well as the number of days of substitute detention.
3. The convicted person may lodge an objection against the notification referred to in the second paragraph within fourteen days after it has been served to the court that imposed the sentence. The judge can change the decision of the public prosecutor.

## **Article 20F**

* The Public Prosecution Service may only take a decision as referred to in Section 22d, subsection 1, or Section 22e, subsection 1, during the term within which the community service order must be completed, referred to in Section 22a, subsection 3, or within three months this term.

## **Article 20G**

* If, in the opinion of the Public Prosecution Service, the imposed task has been performed properly, it will inform the convicted person of this as soon as possible.

## **Article 20H**

* Further rules are laid down by or pursuant to an order in council on the content of the community service order, the implementation of the community service order and the rights and obligations of the person sentenced to a community order.

## **Article 21A - Fines, categories**

1. A person who has been sentenced to a fine is obliged to pay the determined amount to the State within the period to be ordered by the public prosecutor responsible for the enforcement of the sentence or judgment or judgment.
2. The amount of the fine is at least: 140 Nyrmodian Krones.
3. The maximum fine that can be imposed for an offense is equal to the amount of the category determined for that offense.
4. There are 5 categories of fines:
	* a. Category 1. Max. 1750 Nyrmodian krones
	* b. Category 2. Max. 4200 Nyrmodian krones
	* c. Category 3. Max. 7000 Nyrmodian krones
	* d. Category 4. Max. 14000 Nyrmodian krones
	* e. Category 5. Max. 350000 Nyrmodian krones

## **Article 21B**

1. Speed Limits (See Graph Below)
2. Other Fines In Category 1
	* Parking on places where isn’t allowed - First time a warning, second time a fine of 350 Nyrmodian Krones
	* Driving on places where this isn’t allowed - Fine of 560 Nyrmodian Krones
	* Having an invalid registration number - Fine of 1050
	* Nyrmodian Krones License plate not visible and / or not demonstrable - Fine of 1500
	* Nyrmodian Krones Tailgating - Fine of 910
	* Nyrmodian Krones Not giving way where necessary - Fine of 1750
	* Nyrmodian Krones Driving through red lights - Fine of 1350
	* Nyrmodian Krones Ignore a stop sign from the police - Fine of 2800
	* Nyrmodian Krones Ignore a red cross, use the hard shoulder or stand still on the highway - Fine of 3500
	* Nyrmodian Krones Driving with broken driving lights - Fine of 2750
	* Nyrmodian Krones Driving with an overloaded vehicle - Fine of 1965
	* Nyrmodian Krones Driving without a valid driver's license - Fine of 2400
	* Nyrmodian Krones Driving without a seat belt on - 1350 Nyrmodian Krones
	* Driving under the influence of alcohol or drugs - 4000 Nyrmodian Krones
	* Sound the horn for no reason - Fine of 1350 Nyrmodian Krones

## **Article 21C**

1. category 2 relates to catering and narcotics
	* Disrupting drunken order / safety on public roads - 2800 Nyrmodian Krones
	* If someone is caught on drinking beverages outside the special zones or private spaces - fine ranging from 200 - 20000 Nyrmodian Krones
	* If someone is caught on smoking outside the special zones or private spaces - fine ranging from 200 - 20000 Nyrmodian Krones
	* Causing nuisance in public spaces in combination with alcohol consumption - 1050 Nyrmodian Krones
	* As a catering owner, allow visitors after closing time - 2100 Nyrmodian Krones
	* Drinking alcohol on public roads where prohibited - 700 Nyrmodian Krones
	* If someone is caught on selling decriminalised drugs - Max. 15 years of imprisonment.
	* If someone is caught on selling marjuhana without permission - 4 years of imprisonment or a fine ranging from 1000 - 200000 Nyrmodian Krones
	* If someone is caught on growing weed without a permit - 8 years of imprisonment or a fine ranging from 7000 - 200000 Nyrmodian Krones
	* Using hard drugs in a public place - 2800 Nyrmodian Krones

## **Article 21D**

1. category 3 relates to public order
	* Failure to obey a police order - 2800 Nyrmodian Krones
	* Act as a street artist or draftsman where this is not allowed - 1400 Nyrmodian Krones
	* Fly out flyers without permission - 500 Nyrmodian Krones
	* illegal application of graffiti - 810 Nyrmodian Krones
	* Use a vehicle, tent or similar as a sleeping place on or near the road - 1050 Nyrmodian Krones
	* Climbing or standing on street furniture not intended for this purpose - 895 Nyrmodian Krones
	* Stop in such a way as to cause nuisance or nuisance to road users or local residents - 1050 Nyrmodian Krones
	* Urinating / defecating in the wild - 895 Nyrmodian Krones
	* Hang out without reasonable purpose - 700 Nyrmodian Krones
	* Give up false identity - 2800 Nyrmodian Krones
	* Paint / paste on without permission - 1050 Nyrmodian Krones (Every municipality can ask for a higher fine when they think this is needed)
	* Committing rowdiness on public roads - 1750 Nyrmodian Krones
	* Transporting tools that can be broken into - 1050 Nyrmodian Krones
	* Begging - 700 Nyrmodian Krones
	* Wild camping - 1050 Nyrmodian Krones
	* Collect without permission or offer a subscription list for this purpose - 1050 Nyrmodian Krones
	* Offering goods without permission - 1050 Nyrmodian Krones
	* Not adhering to the access conditions on the property of another person - 700 Nyrmodian Krones

## **Article 21E**

1. Category 4. relates to Climate and outside activities
	* Fireworks violations - 1750 Nyrmodian Krones
	* Starting a fire: burning a fire outdoors without a permit - 2100 Nyrmodian Krones
	* Nuisance from noise during the night - 1050 Nyrmodian Krones
	* Driving a vehicle through a park / park - 1450 Nyrmodian Krones
	* Staying unauthorized - for example, off paths in a park - 1450 Nyrmodian Krones
	* Throwing rubbish on the street - 1050 Nyrmodian Krones
	* Incinerate as private waste which pollutes soil - 3500 Nyrmodian Krones
	* Dump waste outside the designated landfill site - 1400 Nyrmodian Krones
	* Do not offer waste on set days - 700 Nyrmodian Krones
	* Search and distribute waste bags - 1050 Nyrmodian Krones
	* Causing noise nuisance in a recreation area by means of equipment - 1050 Nyrmodian Krones
	* Bringing the dog outside the allowed period in a recreation area - 500 Nyrmodian Krones
	* Walking naked where not allowed - 1000 Nyrmodian Krones
	* Failure to observe the rules applicable in the recreation area - 1050 Nyrmodian Krones
	* Dog not on a leash where necessary - 700 Nyrmodian Krones
	* Do not carry a bag for dog poop removal - 700 Nyrmodian Krones
	* As a responsible person, do not immediately clean up dog poop - Local regulation
	* Leave vehicle wreckage on the road - 2800 Nyrmodian Krones

## **Article 21F**

1. Category 5. relates to public transport
	* Without a valid ticket in public transport - 700 Nyrmodian Krones
	* Without a valid ticket and no identification document <14 years - 1050 Nyrmodian Krones
	* Smoking in public transport or at the station, where this is prohibited - 700 Nyrmodian Krones
	* Throw substances or objects out of the vehicle - 700 Nyrmodian Krones
	* Being drunk or under the influence of drugs as a traveler - 500 Nyrmodian Krones
	* Be at the station after closing time - 700 Nyrmodian Krones
	* Disrupting / hindering business operations in public transport - 1750 Nyrmodian Krones
	* Walk on or along the railroad - 700 Nyrmodian Krones
	* Use public transport facilities without a valid ticket - 700 Nyrmodian Krones
	* As a carrier, offering taxi transport without a valid permit - 4900 Nyrmodian Krones
	* As a driver, offering taxi transport without a valid permit - 2520 Nyrmodian Krones
	* Take shopping cart without permission - 700 Nyrmodian Krones

## **Article 22 - Capacity principle**

* When setting the fine, an account is taken of the suspect's ability to pay to the extent necessary with a view to appropriate punishment of the suspect without disproportionately affecting his income and assets.

## **Article 23 - File in instalments**

1. If one or more fines are imposed up to an amount of at least 1575 Nyrmodian krones, the judgment or the penalty order may stipulate that the person on whom the fine has been imposed may pay the amount in installments. Each of those parts is determined to be at least 315 Nyrmodian krones.
2. In the event of application of the first paragraph, in the judgment or punishment order, deadlines are also set for the payment of the second and - if the fine may be paid in more parts - the following parts.
3. These terms are set at a minimum of one and a maximum of three months. In the event of a judgment, they may not exceed a period of two years together; in the case of a penalty order, they may not exceed a period of one year.

## **Article 24 - Substitute custody**

**Imprisonment and detention, in so far as each of these penalties is concerned, extends to:**

1. with regard to convicted persons who are in pre-trial detention for the offense for which they have been convicted, on the day on which the judicial decision has become final.
2. in respect of other convicted persons, on the day of the enforcement of the judgment.

## **Article 25 - Deduction of pre-trial detention**

1. When imposing temporary imprisonment, detention or community service, the judge orders that the time spent by the convicted person prior to the enforcement of the judgment in insurance, pre-trial detention, hostage-taking, in a psychiatric hospital or a facility for clinical observation intended pursuant to a warrant of observation or in detention abroad pursuant to a Nyrmodian request for extradition or surrender, will be deducted in full in the execution of that sentence. If he gives this order in respect of a community service order, he will determine in his decision according to which standard the deduction will be made. The above does not apply insofar as that time has already been deducted from another custodial sentence that the convicted person has served.
2. When calculating the time to be deducted, the first day of the insurance counts as a full day and the day on which it ended is not taken into account.
3. The judge can issue a corresponding order when imposing a fine. If he gives this order, he will determine in his decision according to which standard the deduction will be made.
4. The foregoing paragraphs of this article also apply in cases where, in the case of simultaneous prosecution for two or more offenses, the conviction is pronounced for an offense other than that for which the insurance, the pre-trial detention or the hostage-taking.

## **Article 26 - Abroad in Detention**

* The time spent abroad in detention by the person sentenced to imprisonment or detention in response to a Nyrmodian request for extradition for the purpose of enforcement or further enforcement of this sentence will be deducted from this amount.

## **Article 27 - Deprivation of Rights**

1. The rights of which the guilty person, in cases provided for by law, may be relieved by court order are:
	* a. holding offices or certain offices.
	* b. serving with the armed forces.
	* c. the right to elect and be elected members of general representative bodies.
	* d. being a counselor or judicial administrator.
	* e. the exercise of certain professions.
2. Deprivation of members of the judiciary, either for their life or for a specified period, or of other civil servants appointed for their life, is effected from the office for which they are thus appointed, only in cases and in the manner determined by law.

## **Article 28 - Disqualification for official offence**

* Deprivation of the right to hold office or certain office and to serve in the armed forces may be pronounced upon conviction for any criminal offense or for any crime whereby the guilty violate a special official duty or in which he made use of power, opportunity or means by him. given his office.

## **Article 29 - Duration of Dismay**

**When deprivation of rights is pronounced, the court will determine the duration as follows:**

1. on conviction to life imprisonment, for life.
2. in case of a temporary imprisonment or detention, for a period of time, the duration of the principal sentence exceeds at least two and at most five years.
3. in case of a fine, for a period of at least two and at most five years.
4. in case of separate imposition, for a period of at least two and at most five years.

## **Article 30 - Forfeiture**

1. Forfeiture can be issued by conviction for any criminal offense.
2. Article 22 applies mutatis mutandis.

## **Article 30a - susceptibility to forfeiture**

**Susceptible to forfeiture are:**

1. objects that belong to the convicted person or that he can use wholly or partly for his own benefit and which have been obtained wholly or largely by means of the criminal offense.
2. objects in relation to which the offense was committed.
3. objects with the aid of which the offense was committed or prepared.
4. objects with the help of which the detection of the crime has been obstructed.
5. objects that have been manufactured or intended for the commission of the crime.
6. rights in rem or personal rights with regard to the objects referred to under 1 to 5.

**Objects as referred to in the first paragraph under 1 to 5 that do not belong to the convicted person can only be forfeited if:**

1. the person to whom they belong was aware of their acquisition by means of the offense or with the use or destination in connection therewith, or that acquisition, use or destination could reasonably have been suspected.
2. This is not identifiable to whom they belong.

* Rights as referred to in the first paragraph, under 5, which do not belong to the convicted person can only be forfeited if the person to whom they belong was aware of the acquisition of the objects on or in respect of which these rights exist, by means of fact or with the use or destination in connection therewith, or that acquisition, that use or destination could reasonably have suspected.
* Objects are understood to mean all things and all property rights.

## **Article 30B - including packaging**

* The forfeiture of an object includes that of the packaging in which it is contained, unless the court decides otherwise.

## **Article 30C - Compensation**

1. In the case of forfeiture of objects, the court may, in the event that the forfeited objects yield more than an amount set in the judgment, order that the difference be compensated.
2. The court will grant compensation, as referred to in the first paragraph, or a monetary compensation if this is necessary to prevent the suspect, or another person to whom the forfeited objects belong, from being disproportionately affected.
3. The court determines to whom the amount of the compensation or allowance will be paid; this does not affect everyone's right to this amount.

## **Article 32 - confiscated items not seized**

1. In the case of confiscation, objects that have not been seized are estimated at a certain monetary amount in the judgment.
2. In this case, the objects must be surrendered or the estimated value paid.

## **Article 34 - disclosure of court decision**

1. In cases in which the court orders the publication of its judgment by law, it also determines the manner in which that order will be implemented.
2. The costs of disclosure are estimated at a certain amount in the judgment.

## **Article 35 - Sentences for terrorism**

**In this article are the following sentences in the field of terrorism:**

1. Terrorist bomb attacks on street, airport or other public places - life long prison sentence T
2. Terrorists who want a separation of the homeland through aggressive actions - life long prison and a fine of 58.000 Nyrmodian Krones.
3. Terrorists who kidnap a citizen of Nyrmod or a tourist - 40 years imprisonment and psychological therapy.
4. Terrorists who try to do a coup d’etat - Leaders of the terroristic organization are getting life long imprisonment and psychological therapy, other members of the organization get 15 years of imprisonment and psychological therapy.
5. Terrorists who didn’t do an attack yet but are already exposed by the police or military forces - 10 years of imprisonment and 7,5 years of psychological therapy.
6. People where other people suspect that their ideals are very radical and think they’ve got weapons at home - 2 years of psychological therapy if the police indeed are thinking the same.

## **Article 36 - Judicial bans**

**The following items have a ban here in Nyrmod:**

1. Weapons are banned to enter Nyrmod - if weapons are found, they'll be confiscated and the man/woman will get a fine of 13000 Nyrmodian Krones.
2. rare animal species are banned to enter Nyrmod - The animal will go to a animal hospital and then back to the country of origin and the man/woman who carried the animal will get a fine of 14000 Nyrmodian Krones
3. Drugs and other narcotics aren’t allowed to be brought in in Nyrmod - 9000 Nyrmodian Krones and possible jail sentence
4. Protected animals / plants are also not allowed to be brought into Nyrmod - fine of 15000 Nyrmodian Krones.
5. Products made from protected animals (ivory etc.) - 14000 Nyrmodian Krones

## **Article 37 - Judicial scans**

Items from abroad are checked by scans, when people try to avoid the scans and they are spotted to do that, they’ll get a fine of 11000 Nyrmodian Krones + the fine or jail sentence for the item which they’ve got illegally in their suitcase.

## **Article 38A - Judicial permissions**

This article is about the quantity of a product. You can max. take 20 kg of a particular product without registration or permit. Small companies can ask a permit for an increase in the maximum, this will then be up to 50kg. Big companies can ask for a permit as well, but they have to show a paper that they are a big company, with this they can get an increase of the maximum to 150kg.

## **Article 38B**

**There are some exceptions on article 38a:**

* You can carry max. 3 small bottles of alcohol into Nyrmod. When you’ve got more than 3, you’ll risk a fine of 1050 Nyrmodian Krones.
* You can carry money up to max. €10.000 ($12235), when you’ve more, then you have to give up half of the money to the customs/police. You also get a warning. The second time the same issue occurs the person risks a fine of 10000 Nyrmodian Krones and a short imprisonment of 1 month.
* Drugs max. is 0kg, it’s forbidden to take drugs into Nyrmod

# **Part II. Measures**

## **Article 39 - Freedom-restricting Measure**

I. In order to protect society or to prevent criminal offences, a measure aimed at restricting freedom can be imposed by a court decision:

1. in which someone is convicted of a criminal offence;
2. providing that no penalty shall be imposed in accordance with Article 9

  II. The measure may involve ordering the suspect:

1. Not to stay in a specific area;
2. To refrain from contact with a particular person or persons;
3. To be present at a specific location at certain times or during a certain period;
4. The measure may involve ordering the suspect:
5. To report to the designated investigating officer at specific times

  III.    The measure can be imposed for a maximum period of five years.

  IV. The judge may, in his ruling, ex officio or at the request of the public prosecutor, order that the measure be immediately enforceable if serious consideration must be given to

the possibility that the suspect may again commit a criminal offence or behave incriminatingly towards a specific person or specific persons.

   V. The measure may be imposed together with penalties and other measures.

## **Article 39a -  substitute custody**

1. In the judgement imposing the measure referred to in Article 38v, the judge orders that alternative detention will be applied in the event that the measure is not complied with.
2. The judge determines in the judgement the maximum duration of the alternative detention, which will be enforced for each time that the measure is not complied with. The duration of this alternative detention is determined in whole days, weeks or months and is at least three days.
3. The total duration of the enforced alternative detention shall not exceed six months.
4. Application of alternative detention does not cancel the obligations under the measure referred to in Article 38v, second paragraph.

## **Article 39b - behavioural and freedom-restricting measures**

I. To protect the safety of others or the general safety of persons or property, the judge may, ex officio or at the request of the Public Prosecution Service, impose a measure to

influence behaviour or restrict freedom on a suspect if, in that court decision, that suspect:

1. is sentenced to a prison term, or a term of imprisonment part of which will not be executed, for a crime that is directed against or endangers the inviolability of the body of one or more persons and which, according to the legal definition, carries a prison sentence of four years or more;
2. is sentenced to a prison sentence, or a prison sentence part of which will not be executed, for a terrorist offence or a crime in preparation or facilitation of a terrorist crime or a crime as defined in the article 35

   II. When requesting the imposition of the measure, the public prosecutor submits a recently drawn up, reasoned and signed recommendation from a probation Institution.

# **Part III. Exclusion and increase in criminal liability**

## **Article 40 - plead temporary insanity**

It is not punishable for anyone who commits an offence that cannot be attributed to him due to the psychological disorder, psychogeriatric condition or intellectual disability

## **Article 41 - force majeur**

It is not punishable for anyone who commits an act that he is forced to commit due to force majeure.

## **Article 42 - necessary defence**

1. It is not punishable for anyone who commits an offence provided by the necessary defence of his or her own or that of another's body, chastity or property against immediate, unlawful assault.
2. Exceeding the limits of necessary defence is not punishable if it was the immediate result of a violent emotional disturbance caused by the assault.

## **Article 43 - legal regulation**

1. It is not punishable for anyone who commits an act in execution of a statutory provision.
2. It is not punishable for a civil servant who uses force in the lawful performance of his duties and in accordance with his instructions regarding the use of force.

## **Article 44 - (unauthorised) administrative order**

1. It is not punishable for anyone who commits an offence in execution of an official order issued by the competent authority.
2. An unauthorised official order does not abolish the criminal liability, unless it was regarded in good faith as authorised by the subordinate and the compliance therewith was within the scope of his subordinate.

## **Article 44a - Relapse**

The temporary prison sentence or detention imposed for a crime may, without prejudice to Article 10, be increased by one third if, during the commission of the crime, five years have not yet elapsed since a previous conviction of the guilty person to prison for a similar crime in force of judgement has passed. The five-year term is extended by the time during which the convicted person is legally deprived of his liberty.

## **Article 45 - civil servants**

1. If a civil servant, by committing a criminal offence, violates a special duty of office or, in committing a criminal offence, uses power, opportunity or means granted to him by his office, the penalty imposed for the offence, with the exception of a fine, may be imposed. to be increased by one third.
2. A person in the public service of a foreign state who carries out his duties in the Republic of Nyrmod in a manner permitted by international law is equated with a civil servant.

## **Article 46 - sentence reduction of Crown witness**

I. At the request of the public prosecutor, the judge can reduce the sentence he was considering imposing if an agreement is made. When reducing the sentence, the judge

takes into account that an important contribution has been or can be made to the investigation or prosecution of crimes by making a witness statement.

II. When applying the first paragraph, the sentence reduction may consist of:

1. a maximum of half in the case of an unconditional temporary custodial sentence, community service or fine, or;
2. The conversion of a maximum of half of the unconditional part of a custodial sentence, community service or a fine into a conditional part, or;
3. The replacement of a maximum of one third of a custodial sentence with community service or an unconditional fine.

III. When applying the second paragraph, under b, Article 13a, first and second

paragraph, remains inapplicable.

# **Part IV. Attempt and preparation**

## **Article 47 - Attempted crime**

1. Attempted crime is punishable when the perpetrator's intention has revealed itself through the start of execution.
2. The maximum of the main penalties for the crime is reduced by one third in the event of an attempt.
3. If it is a crime punishable by life imprisonment, a prison sentence of not more than twenty years will be imposed.
4. The additional penalties for attempt are the same as for the completed crime.

## **Article 48 - Preparation of crime**

1. Preparation of a crime for which, according to the legal definition, a prison sentence of eight years or more is punishable if the perpetrator deliberately acquires, manufactures, imports, transits or exports objects, substances, information carriers, spaces or means of transport intended for the commission of that crime. Or plans to do one of the above mentioned punishable intentions.
2. The maximum of the main penalties for the crime is reduced by half during preparation.
3. If it is a crime punishable by life imprisonment, a prison sentence of not more than fifteen years will be imposed.
4. The additional penalties for preparation are the same as for the completed crime.
5. Objects are understood to mean all property and all property rights.

## **Article 48a -  attempt to induce another person to commit a crime**

Attempting to induce another person to commit a crime by one of the means referred to in Article 49, first paragraph, under 2e, is punishable, on the understanding that no more severe punishment will be imposed than for attempting to commit the crime or, if such attempt is not punishable, can be imposed with regard to the crime itself.

## **Article 48b -  incomplete preparation or attempt**

There is neither preparation nor attempt if the crime has not been completed as a result of circumstances dependent on the will of the perpetrator.

# **Part V. participation in criminal offences**

## **Article 49 -  perpetrators**

I. If perpetrators of a criminal offence are punished:

1. those who commit, have committed or co-perpetrate the offence
2. those who deliberately provoke the act by gifts, promises, abuse of authority, violence, threats, or deception or by providing opportunity, resources or information.

II. With regard to the latter, only those actions that they have deliberately provoked, as well as their consequences, come into consideration.

## **Article 50 -  complicity**

If accomplices to a crime are punished:

1. Those who deliberately assist in the commission of the crime;
2. Those who deliberately provide the opportunity, means or information to commit the crime.

## **Article 50 -  penalty for complicity**

1. The maximum of the main penalties for the crime is reduced by one third in the event of complicity.
2. If it is a crime punishable by life imprisonment, a prison sentence of not more than twenty years will be imposed.
3. The additional penalties for complicity are the same as for the crime itself.
4. When determining the punishment, only those actions that the accomplice has deliberately facilitated or promoted are taken into account, as well as their consequences.