National Penal Code of Dracul

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Title 1: General Provisions

Section 1.01: Purpose

- This penal code is established to define criminal offenses, assign appropriate penalties, and ensure a system of justice that upholds the rights and safety of all citizens of the Commonwealth of Dracul. It is intended to maintain order, protect property, and promote the general welfare of the community.

Section 1.02: Definitions

- Civil Protection: The official law enforcement agency tasked with upholding laws and ensuring public safety within the Commonwealth of Dracul.

- Citizen: Any individual who holds recognized citizenship within the Commonwealth of Dracul.

- Person: Any individual, whether a citizen or non-citizen, within the jurisdiction of Dracul.

- Property: Any tangible or intangible asset owned by an individual, organization, or the state.

Section 1.03: Jurisdiction

- The penal code of the Commonwealth of Dracul applies to all persons within its territories and to citizens of Dracul abroad, where applicable.

Section 1.04: Mens Rea and Actus Reus

- Criminal liability requires the presence of a guilty mind (Mens Rea) and a guilty act (Actus Reus). Both elements must be proven beyond a reasonable doubt for a conviction.

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Title 2: Crimes Against Persons

Section 2.01: Assault

- Simple Assault: The intentional act of causing another person to fear imminent bodily harm.

  - Penalty: Up to 1 year of imprisonment, fines up to 10,000 Dracul Marks, or both.

- Aggravated Assault: Assault committed with the use of a deadly weapon or with the intent to commit a serious felony.

  - Penalty: Up to 10 years of imprisonment, fines up to 50,000 Dracul Marks, or both.

- Assault on Civil Protection: Assaulting a civil protection officer or other law enforcement personnel during the performance of their duties.

  - Penalty: Up to 15 years of imprisonment, fines up to 75,000 Dracul Marks, or both.

Section 2.02: Battery

- Simple Battery: The unlawful and intentional use of force or violence against another person.

  - Penalty: Up to 2 years of imprisonment, fines up to 20,000 Dracul Marks, or both.

- Aggravated Battery: Battery causing serious bodily injury or committed with a deadly weapon.

  - Penalty: Up to 15 years of imprisonment, fines up to 100,000 Dracul Marks, or both.

Section 2.03: Homicide

- First-Degree Murder: The unlawful, premeditated killing of another person with malice aforethought.

  - Penalty: Life imprisonment without parole or capital punishment.

- Second-Degree Murder: The unlawful killing of another person with malice, but without premeditation.

  - Penalty: Up to 25 years of imprisonment.

- Voluntary Manslaughter: Killing another person in the heat of passion or during a sudden quarrel.

  - Penalty: Up to 15 years of imprisonment.

- Involuntary Manslaughter: Killing another person unintentionally due to reckless or negligent conduct.

  - Penalty: Up to 10 years of imprisonment.

Section 2.04: Kidnapping

- Kidnapping: The unlawful taking, confinement, or transportation of another person against their will.

  - Simple Kidnapping: Kidnapping without additional aggravating factors.

    - Penalty: Up to 20 years of imprisonment, fines up to 100,000 Dracul Marks, or both.

  - Aggravated Kidnapping: Kidnapping involving ransom, injury to the victim, or perpetrated against a minor or vulnerable person.

    - Penalty: Up to 30 years of imprisonment or life imprisonment.

Section 2.05: Sexual Offenses

- Rape: Non-consensual sexual intercourse by force, threat, or when the victim is incapacitated.

  - Penalty: Up to life imprisonment or a minimum of 20 years of imprisonment.

- Sexual Assault: Any unwanted sexual contact that falls short of rape.

  - Penalty: Up to 15 years of imprisonment.

- Statutory Rape: Sexual intercourse with a person under the legal age of consent, regardless of consent.

  - Penalty: Up to 20 years of imprisonment.

Section 2.06: Domestic Violence

- Domestic Violence: Acts of violence or abuse committed by one household or family member against another.

  - Penalty: Up to 5 years of imprisonment for first-time offenders, with escalating penalties for repeat offenses.

Section 2.07: Stalking

- Stalking: The willful and repeated following, harassing, or threatening of another person, causing them to fear for their safety.

  - Penalty: Up to 5 years of imprisonment, fines up to 20,000 Dracul Marks, or both.

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Title 3: Crimes Against Property

Section 3.01: Theft

- Petty Theft: The unlawful taking of property valued below 1,000 Dracul Marks.

  - Penalty: Up to 1 year of imprisonment, fines up to 5,000 Dracul Marks, or both.

- Grand Theft: The unlawful taking of property valued at 1,000 Dracul Marks or more.

  - Penalty: Up to 10 years of imprisonment, fines up to 50,000 Dracul Marks, or both.

Section 3.02: Burglary

- Burglary of a Dwelling: Entering a residence with the intent to commit theft or any felony.

  - Penalty: Up to 15 years of imprisonment, fines up to 50,000 Dracul Marks, or both.

- Burglary of a Business: Entering a business with the intent to commit theft or any felony.

  - Penalty: Up to 10 years of imprisonment, fines up to 40,000 Dracul Marks, or both.

Section 3.03: Arson

- Arson: The willful and malicious burning of property, including structures, vehicles, or land.

  - First-Degree Arson: Burning a dwelling or building with occupants inside.

    - Penalty: Up to 25 years of imprisonment.

  - Second-Degree Arson: Burning an unoccupied building, vehicle, or land.

    - Penalty: Up to 15 years of imprisonment.

Section 3.04: Vandalism

- Vandalism: The intentional destruction or defacement of property.

  - Misdemeanor Vandalism: Damage valued below 5,000 Dracul Marks.

    - Penalty: Up to 1 year of imprisonment, fines up to 10,000 Dracul Marks, or both.

  - Felony Vandalism: Damage valued at 5,000 Dracul Marks or more.

    - Penalty: Up to 5 years of imprisonment, fines up to 25,000 Dracul Marks, or both.

Section 3.05: Fraud

- Fraud: The intentional deception of another person or entity for financial or personal gain.

  - Wire Fraud: Fraud conducted through electronic communications.

    - Penalty: Up to 10 years of imprisonment, fines up to 50,000 Dracul Marks, or both.

  - Identity Theft: The use of another person's identity to commit fraud.

    - Penalty: Up to 15 years of imprisonment, fines up to 75,000 Dracul Marks, or both.

Section 3.06: Embezzlement

- Embezzlement: The fraudulent taking of property by a person in a position of trust, such as an employee or public official.

  - Penalty: Up to 20 years of imprisonment, fines up to 100,000 Dracul Marks, or both.

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Title 4: Crimes Against Public Order

Section 4.01: Disorderly Conduct

- Disorderly Conduct: Engaging in behavior that disrupts public peace, safety, or order.

  - Public Disturbance: Fighting, making unreasonable noise, or creating a hazardous condition.

    - Penalty: Up to 1 year of imprisonment, fines up to 5,000 Dracul Marks, or both.

  - Inciting a Riot: Encouraging, leading, or participating in a riot.

    - Penalty: Up to 10 years of imprisonment, fines up to 25,000 Dracul Marks, or both.

Section 4.02: Public Intoxication

- Public Intoxication: Appearing in a public place under the influence of alcohol or drugs, to the extent of causing a disturbance or danger to oneself or others.

  - Penalty: Up to 6 months of imprisonment, fines up to 2,500 Dracul Marks, or both.

Section 4.03: Trespassing

- Simple Trespassing: Entering or remaining on another's property without permission.

  - Penalty: Fines up to 5,000 Dracul Marks or up to 1 year of imprisonment.

- Aggravated Trespassing: Trespassing with intent to commit a crime or armed with a deadly weapon.

  - Penalty: Up to 5 years of imprisonment, fines up to 20,000 Dracul Marks, or both.

Section 4.04: Rioting

- Rioting: Participation in or incitement of a violent public disturbance involving three or more people.

  - Penalty: Up to 10 years of imprisonment, fines up to 50,000 Dracul Marks, or both.

Section 4.05: False Reporting

- False Reporting: Intentionally providing false information to law enforcement or emergency services that leads to an unwarranted response.

  - Penalty: Up to 5 years of imprisonment, fines up to 20,000 Dracul Marks, or both.

Section 4.06: Obstructing Justice

- Obstruction: Interfering with or hindering the investigation or administration of justice by civil protection.

  - Penalty: Up to 5 years of imprisonment, fines up to 20,000 Dracul Marks, or both.

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Title 5: Crimes Against the State

Section 5.01: Treason

- Definition: Acts that betray or attempt to overthrow the government of the Commonwealth of Dracul.

  - Penalty: Life imprisonment without parole, revocation of citizenship, and forfeiture of all assets. The convicted individual's citizenship is permanently revoked, barring any possibility of reinstatement.

Section 5.02: Sedition

- Definition: Actions that incite rebellion or violent opposition against the government or its laws.

  - Penalty: Up to 20 years of imprisonment, fines up to 100,000 Dracul Marks, or both.

Section 5.03: Espionage

- Definition: Unauthorized collection, transmission, or delivery of classified or sensitive information to foreign entities.

  - Penalty: Up to 30 years of imprisonment, fines up to 200,000 Dracul Marks, or both.

Section 5.04: Subversion

- Definition: Actions intended to undermine or sabotage the lawful functions of the government or civil institutions.

  - Penalty: Up to 20 years of imprisonment, fines up to 100,000 Dracul Marks, or both.

Section 5.05: Illegal Possession of State Secrets

- Definition: Unauthorized possession of classified documents or materials pertaining to national security.

  - Penalty: Up to 15 years of imprisonment, fines up to 75,000 Dracul Marks, or both.

Section 5.06: Counterfeiting

- Definition: The creation or distribution of counterfeit Dracul Marks or other official documents.

  - Penalty: Up to 15 years of imprisonment, fines up to 100,000 Dracul Marks, or both.

Section 5.07: Bribery and Corruption

- Definition: Offering, giving, receiving, or soliciting anything of value to influence the actions of a public official.

  - Penalty: Up to 20 years of imprisonment, fines up to 100,000 Dracul Marks, or both.

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Title 6: Sentencing and Penalties

Section 6.01: General Sentencing Guidelines

- Sentences for crimes are determined based on the severity of the offense, the presence of aggravating or mitigating factors, and the defendant's criminal history.

Section 6.02: Fines and Restitution

- Fines: Monetary penalties imposed as part of the sentence. Fines may be levied in addition to imprisonment or as a standalone penalty.

- Restitution: Payment ordered by the court to compensate victims for losses resulting from the crime. Restitution is mandatory for offenses involving property damage or personal injury.

Section 6.03: Probation and Parole

- Probation: A period of supervised release during which the offender must comply with certain conditions set by the court. Violation of probation terms may result in additional imprisonment.

- Parole: The release of a prisoner before the completion of their full sentence, subject to continued supervision and compliance with specific conditions.

Section 6.04: Community Service

- Definition: Court-ordered work performed for the benefit of the community as a form of restitution.

  - Penalty: May be imposed as part of the sentence or in lieu of imprisonment for certain offenses.

Section 6.05: Sentencing Enhancements

- Enhancements: Additional penalties applied for crimes committed with particular aggravating factors, such as targeting vulnerable victims, using a deadly weapon, or committing offenses in the presence of minors.

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Title 7: Victims' Rights

Section 7.01: Rights of Victims

- Right to Information: Victims have the right to be informed about the progress of the investigation and the criminal proceedings.

- Right to Restitution: Victims are entitled to restitution for financial losses incurred as a result of the crime.

- Right to Victim Impact Statements: Victims have the right to present statements describing the impact of the crime on their lives during sentencing.

Section 7.02: Protection of Victims

- Protective Orders: Courts may issue protective orders to safeguard victims from further harm or harassment by the offender.

- Victim Assistance Programs: The government shall provide resources and support services to assist victims in their recovery and to ensure their participation in the justice process.

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Title 8: Miscellaneous Provisions

Section 8.01: Juvenile Offenders

- Definition: Offenses committed by individuals under the age of 18. Juvenile offenders are subject to a separate set of procedures and penalties, focused on rehabilitation and education.

Section 8.02: Mental Competency

- Definition: Individuals deemed mentally incompetent may be evaluated and treated prior to facing criminal proceedings. Mental competency assessments will determine if an individual can stand trial.

Section 8.03: Double Jeopardy

- Definition: No individual shall be tried twice for the same offense. Once acquitted or convicted, the individual cannot be retried for the same crime.

Section 8.04: Extradition

- Definition: Procedures for the surrender of individuals accused or convicted of crimes to other jurisdictions within or outside the Commonwealth of Dracul, as governed by international treaties or agreements.

Section 8.05: Appeals

- Definition: The right to appeal a conviction or sentence to a higher court, based on claims of legal error, procedural issues, or other grounds.

Section 8.06: Amendments

- Definition: This penal code may be amended or revised by the legislative body of the Commonwealth of Dracul. Amendments take effect as specified in the legislative process.