View source for Criminal justice in Arvor

The '''criminal justice system''' of [[Arvor]] are the mechanisms through which justice is delivered to those who have committed criminal offences, prevention of and protection against said offences is constantly maintained, and support and rehabilitation for the offenders is provided on a case-by-case basis.

==Overview==

The legal and judicial systems of the ADR are designed and maintained to ensure five key societal needs are met - that the law and courts address all cases and all citizens equally, that crime is deterred at every opportunity, that correctional discipline is delivered upon those guilty of crimes, that those with social or familial difficulties receive the counseling and/or support they need, and that those with serious psychological distress or difficulties receive the care and treatment they need.

"Innocent until proven guilty" is the core principle of the Arvorian justice system.

==Courts==

The ADR has a single, unified legal system.  All relevant matters are regulated via oversight from the Ministry of Justice.  The republic is represented by the State Prosecution Service (Государственная прокуратура, Gosprok), with prosecutes all criminal offences in its name.

Arvorian law is based on common-law principles. The essence of common law is that, subject to statute, the law is developed by assessors in courts, applying statute, precedent and common sense to the facts before them to give explanatory judgments of the relevant legal principles, which are reported and binding in future similar cases.

At the pinnacle of the system is the Central Court of Justice (Центральный суд).  Beneath it are the circuit courts, each of which has jurisdiction over matters within a geographic region of the country. Beneath these are (in descending order) the oblast courts (областной суд), raion courts (районный суд), and gorod courts (городской суд). Courts at these three levels are split into the common courts (handling civil and chancery matters) and criminal courts (handling criminal matters). All courts are bound by statute as passed by the [[Congress of People's Deputies | Congress of People's Deputies]], and it is only via the legislature that changes to judicial procedure or rules may be made.

==Police==

{{main|Law enforcement in Arvor}}

There are four levels of law enforcement services in the ADR.  Each one uses the same rank and operational structures.  Each oblast and raion have their own dedicated constabulary.  For towns and villages, law enforcement services are provided by the officers from the raion force.  Major cities each have their own dedicated force.  While they can call upon raion or oblast support in an emergency, theirs is the primary jurisdiction within the gorod limits, and they maintain all of the necessary branches and personnel to meet any and all needs.

Each police force divides its general operations, criminal investigations, enforcement, and support divisions, within each of which are several units dedicated to specific functions.  The general operations division contains the administrative services, intelligence, internal affairs, and public relations units.  Criminal investigations contains the fraud, juvenile, narcotics, organised crime, robbery/homicide, and vice units.  Enforcement contains the patrol and traffic units.  Support contains the communications, scientific investigations, and training units.

==Protocols==

===Identification===

According to the "Law on enforcement and identification", police are authorised to lawfully order people whom they reasonably suspect of a crime to identify themselves.  If there is not reasonable suspicion that a crime has been committed, is being committed, or is about to be committed, an individual can lawfully decline to provide identification.  When required to do so, citizens simply show the inquiring officer or officers their identification card.

===Caution===

Whenever the police arrest an individual, they are required to give them what is known as the "right to silence caution" (право на молчание осторожность).  This warning advises a citizen of their privilege to remain silent until they have a solicitor present during questioning, but likewise imparts the distinct understanding that withholding important information that is later used in any defence proceeding can be held against them.

The text of the caution is thus - "''(Person's name), I am arresting you (on suspicion of / for) (criminal offence(s)).  You don't have to say anything, but it may harm your defence if you do not mention, when questioned, something which you later rely upon in court.  Anything you do say will be recorded and may be given in evidence.''"

==Offences==

Criminal offences in the ADR are categorised into four classes - A through D - reflecting descending level of severity and the punishments prescribed for those guilty of committing them.

===Class A===

The highest grouping, examples of Class A offences (Преступление класса А) include murder, rape, violent assault, treason, espionage, sabotage, violent public order offences, possession and/or sale of dangerous narcotics, offences against the State or [[Government of Arvor|government]], serious fraud, and any criminal offence that results either directly or indirectly in the death of innocent citizens.  These offences universally receive the most stringent penalties, typically lengthy terms in a detention centre.  In some cases, those convicted of such crimes are given the death penalty.  Anyone duly convicted of a Class A offence permanently loses the right to vote until or unless their conviction is later overturned on appeal.

===Class B===

High order offences of a less heinous or non-heinous nature, examples of Class B offences (Преступление класса B) include financial or commercial crime, arson, offences against religion or public worship, offences against public justice or the administration thereof, serious motor vehicle offences, major crimes against public morality, animal cruelty, incitement, and conspiracy.  Such offences typically carry a detention sentence and hefty fines.

===Class C===

Considered the moderate grouping, examples of Class C offences (Нарушение класса C) include moderate public order offences, motor vehicle offences, serious juvenile delinquency, minor drug offences, minor crimes against public morality, serious vandalism, and attempts to commit crime.  Many convicted of these offences face stiff penalties, and in some cases are sentenced to a term in a detention centre.

===Class D===

The most minor grouping, Class D offences (Преступление класса D) include juvenile delinquency, minor motor vehicle offences, minor vandalism or destruction of property, and minor public order offences.  These typically are penalised via fines or, in some cases, with citations.  In some situations, the offender will spend between one and thirty days in detention.

==Incarceration==

The facilities within the ADR within which those being held on suspicion of, or tried and convicted for, one or more criminal offences are known as detention centres.  Their name is preceded by the prefix "ПДК", which is short for Народный центр заключения, or "People's Detention Centre".  These facilities are responsible for the containment and control of said individuals during their term of incarceration.  During their time in these facilities, prisoners are kept under strict and carefully maintained watch.  While not known for being places of abuse or poor treatment, corrections officers do have the authority to use reasonable force to subdue violent prisoners.  Unless held in higher security sections, prisoners are released from their cells during the day to socialise with one other in the commons area or the courtyard, where they are permitted pre-approved forms of recreation.  While there has yet been a need to use them, every detention centre is equipped with a suppression system designed to put down large-scale violence or other such emergencies through non-lethal means.  

Every detention centre has three different levels of security containment, which reflect the danger the prisoners within pose and the level of security measures in place to ensure containment and control.  In order of increasing magnitude, the security levels of the centres are - 

* Minimum Security (Минимальная безопасность), which encompasses around three-quarters of a detention centre population, largely those convicted of non-violent or white-collar Class D or Class C offences; 
* Medium Security (Средняя безопасность), for holding those convicted of Class B offences or non-violent Class A offences; and, 
* Maximum Security (Максимальная безопасность), for the holding of those convicted of violent Class A offences.

As of 1.1.7690 RH, the incarceration rate in the ADR stands at approximately 45 per 100,000 citizens.  The current inmate population of the nation is reported as 80,889.

==Penalties==

According to the "Law on criminal penalties", specific actions are recommended for specific offences, though assessors do have some leeway in handing down sentences with consideration given to mitigating circumstances.  As of 7690 RH, the ADR has five categories of punishment for those convicted of criminal offences (in descending order of severity) - the death penalty, imprisonment, manual labour, fines, and citations.

In accordance with the protocols of the Arvorian legal system, all citizens duly convicted of any Class A or Class B offence in any lower court is allowed to be appealed to the next higher court only once.  Convictions on Class C or Class D offences are allowed three appeals.  In the event of the most serious judgment against an offender - the death penalty - a petition for reprieve can then be filed, which is received and reviewed by the obkom.  If granted, a thirty-day suspension of the sentence is granted, but the petitioner remains in detention while their solicitor explores any options for a second review.  If the reprieve is refused, the petitioner can then appeal for executive clemency to the president.  If the appeal is approved, the offender is remanded to life in detention.  If the appeal is denied, the offender is held on death row and their execution is carried out on schedule.

The ''death penalty'' is handed down only against those who have been duly convicted of the most serious Class A offences - murder, treason, large-scale drug trafficking, heinous rape or child abuse, and any crimes which result in an innocent death.  The death penalty takes only two forms in the ADR at present - hanging and firing squad.  The former is employed against civilians convicted of heinous offences, while the latter is employed against military personnel.  Any offender who is sentenced to death has the judgment carried out within ninety days from when their appeal is denied.

''Imprisonment'' is the most common form of punishment for non-heinous Class A offences as well as some Class B or Class C offences.  Citizens imprisoned are given sentences of one, two and a half, five, 10, 15, or 20 years depending on the offence(s) for which they are found guilty.

Some offences of classes C or D warrant ''manual labour'' as a punishment.  Typically, this requires the convicted individual to perform so many hours of unpaid labour per week, typically two or four hours per day, over a period of anywhere from four months to one year.  Such work can include various community projects or performing other, similar tasks.  They are held in detention during this time and kept under strict supervision during their working hours.

''Fines'' are a common instrument of correction in the DSRA, with many Class C or Class D offences mandating the payment of a criminal fine for personal violations.  These fines can range in amount from as little as ₽10 up to ₽1,000.  Higher fines can be levied against larger organisations for violations of the social, criminal, or corporation codes.

''Citations'', be they chancery, civil, or criminal, are given for minor Class D offences, entered in the individual's record, with the understanding that another, similar violation will result in arrest and the possibility of fines or imprisonment.

[[Category:Arvor]]