MODIFIED FOR THE NEW CONSTITUTION
NEEDS "PRESIDENTIAL" REVIEW
NOT MODIFIED FOR THE NEW CONSTITUTION, MAINTAINS SAME AS IT WAS IN OLD CONSTITUTION


Under the authorization of President Gandalf, this constitution takes effect _________ __th, 2017.

Section I: Constitution of Argonath, State of San Andreas

Ordinance I: The President and the Prime Minister are the ultimate authority of the United States of Argonath.

Ordinance II: This Constitution applies to the United States of Argonath, limiting itself to the State of San Andreas

Ordinance III: Any person present within the boundaries of the State of San Andreas is to abide by this Constitution. Failure to abide by this Constitution is punishable by fine, imprisonment or court charge.


Section II: The Constitution

Ordinance I: There shall be no law respecting an establishment of religion, or prohibiting the free exercise of a religion; or abridging the freedom of speech (unless it includes personally insulting someone), or of the press; or the right of the people peaceably to assemble, and to petition the government for a decision thought to be unruly.

Ordinance II: The government shall not deny citizens the right to bear arms. However, wielding or brandishing arms in the open on any public grounds is forbidden. This does not apply to government law enforcement agencies.

Ordinance III: A property owner may lawfully request a person to leave said property. Businesses seen as "public markets" are an exception to this. This does not apply to law enforcers who have probable cause to be on the property.

Ordinance IV: The right of the citizens to be secure in their own belongings against unreasonable searches shall not be violated without probable cause. A citizen may neither be arrested without a legal reason. A law enforcer is allowed to question a person if he has any reasonable motive to think this person is doing a suspicious act. The law enforcer cannot force a person to be put in detention in the only goal to interrogate him. If, in any case, the law enforcer had to transport the person to another area in order to interrogate him and the person is found not guilty, it is the law enforcer responsibility to transport or pay for a transport to carry the person back to his initial location where he was when he was approached to be interrogated.

Ordinance V: Law enforcement may detain a person for a maximum period of seven days from the point of arrest to determine whether official charges will be filed against the violator in court of law. If official charges are not filed, his detainment will be assumed as his punishment. Scripted jailing will count a detainment, if a person is released from scripted jailing and law enforcement wish to prolong the detainment of the violator it is the responsibility of law enforcement to inform the person.

Ordinance VI: Preventive detention may be used by law enforcement after the execution of a warrant if an individual is charged and will face trial. An individual can be held under preventive detention for maximum time of seven days. Extension may be requested from any district court judge and above if deemed necessary.

Ordinance VII: Every resident of the nation has the right to assemble as a group or club in a peaceful way. A group or club that gathers on the public place shall not block the circulation whether it is on sidewalk or on the road unless it is a national holiday or that a judge or a law enforcement official has allowed the gathering and disturbance of circulation. Details can be required from the judge or the law enforcement official. Any form of gathering that obstructs the traffic or circulation on a public, governmental or private property is prohibited unless approved by a court official, government official or the owner of the private property.

Ordinance VIII: A business owner cannot deny access to a citizen into his establishment unless one of the following:
   VIII.I: The business is closed or reaching the closing time or is already at maximum capacity.
   VIII.II: A dress code is set or a membership is required to enter.
   VIII.III: The citizen has done, do or will cause problems such as violence; destruction; publicity against the establishment; publicity for another establishment without agreement of both owners; any sort of disrupting that could cause the business to not run normally.

Ordinance IX: Any citizen has the right to move inside Argonath and to establish his house anywhere in the United State of Argonath. Any threats or action against someone because he is into an area is therefore totally prohibited.
   IX.I: A person access may be restricted in certain areas temporarily or permanently.
      IX.I.I: Permanent access denial: Law enforcement agencies and government officials can deny access to some areas or an entire government building or property or parts of a government building or property. Properties may be permanently restricted are: Buildings, garages and parking areas of the Police Department, SWAT and FBI.
      IX.I.II: Temporary access denial: Law enforcement agencies and government officials can deny access to some areas (this also includes determined airspace or sea coast) or an entire building for national security reason or any valid reason for a limited amount of time. The denial must be justified but can apply to any propriety or area of the United State of Argonath.

Ordinance X: Everyone has the right to life, liberty and safety of their person. A person cannot be deprived of those rights except in accordance with the principles of fundamental justice or the interests of national security.

Ordinance XI: A law enforcer can search and seize any illegal material. The search can only be justified by reasonable doubts and reasons. The citizen must be informed before the search. If he feels the reason is not good enough, he may request a superior authority such as sworn officer, police chief, federal agent or government official, to come and take a decision. The decision can be contested in court if the decision taken cannot be explained by valid reasons.

Ordinance XII: In the case of arrest or detention, a citizen must be promptly informed of the reasons, must also be informed that he has the right to a lawyer and must be allowed to use that right as soon as possible. Law enforcement is not obligated to provide a state attorney in the case one is not available at the time.

Ordinance XIII: The official language of the United States of Argonath is the English language. Every official work or request must be presented in this language. It must also be used when addressing to the United State of Argonath, to a city or into the advertising.

Ordinance XIV: The citation of this is Constitution of the United State of Argonath.

Ordinance XV: This Constitution is the supreme law of the United State of Argonath, and any law that is inconsistent with the provisions of the Constitution is, to extent of the inconsistency, is of no force or effect. The Constitution however may not be upheld to invalidate the World Rules of Argonath People (server rules)
   XV.I: Court rules and terminology is considered as an official document with full force of effect within the limits of its own field of action.


SECTION III - Criminal Law

ACT I - SPECIFICATIONS ON CRIMINAL LAW

I.I: A person is innocent until proven and declared guilty.
I.II: A criminal offence is an offence only if it is an offence in the written official documents of the United States of Argonath. Anything that is not specifically included can be brought into civil court in order to set the legitimacy of the case.
I.III: Parties to offence:
   I.III.I: Anyone taking part in an offence is guilty of that offence.
   I.III.II: Anyone encouraging, helping to prepare or to commit an offence is guilty of that offence
   I.III.III: Anyone planning or clearly attempting an offence is guilty of that offence.
I.IV: No one can be judged for a crime that happened before the adoption of a law by that law.
I.V: Certain acts on holidays are valid. Those acts will be announced as temporarily legal by the supreme authority of the United State of Argonath.
I.VI: Defence of propriety and belonging is authorized. Any destruction of private propriety or any damages caused to it is of criminal resort. However if a citizen kills another citizen while defending his propriety, he shall be trialed for use of unreasonable violence. Depending on the outcome he shall serve a prison sentence or be cleared of crime.
I.VII: Disobeying the law is a straight jailing unless there is another punishment prescribed by the law.
I.VIII: Disobeying a lawful order issued by a Court is an offence. This offence is punishable by 60 days in prison and/or a maximum fine of $1000 per day that the order is disobeyed.
I.IX: The aforementioned definitions, herein SECTION III, under ACTS II, III, IV.II, V and VI (with exception of VI.I) are considered crimes and are strictly forbidden from the date this Constitution has been put in effect. All listed crimes are liable of punishment.
I.X: Punishments on crimes are to be determined by the responsible authorities. They can vary, but not limited to: fine, community services, imprisonment.


ACT II - CRIMES AGAINST A PERSON

II.I - Murder
Unlawful killing of another person without a justification backed up by the law.

II.II - Kidnapping
Holding of another person against their will in any capacity.

II.III - Thievery
The act of taking someone's goods or properties against their own will.

II.IV - Rape
Forceful sexual act practiced with a person without their consent.

II.V - Threat
Act of coercion as a communicated intent to inflict loss or harm of another person, or with the sole purpose to put up fear and intimidate one.

II.VI - Provocation
The act of directly attacking someone's honour or integrity by desecrating their image in any form.

II.VII - Spying/following/tracking/interrogating/stalking
Following someone, tracing one down, interrogate someone or practice espionage on a person against their own will and with/without their consent.

II.VIII - Battery
Using force or violence upon another, unlawfully, resulting in physical contact and inflicted harm.

II.IX - Any act that could be also considered harmful to a person can be put up to judgement in a court of the United States of Argonath, in which it will be up to the juridic body's discretion.


ACT III - CRIMES AGAINST THE STATE

III.I - Treason
Any act considered ominous against the nation or the nation's sovereign. These include, but are not limited to: Leaking of classified files that could endanger organizations or individuals or put the nation in risk, inciting/making war or any act that could threat the nation's sovereign, betraying the nation in any form.

III.II - Corruption
The act of misusing powers in public office for personal or someone's gain.

III.III - Impersonation of a law enforcer
Impersonating, pretending to be, falsely portraying as a law enforcer.

III.IV - Tax evasion
Any attempt to avoid paying the tax debts to the state. These include, but not limited to: skipping the toll booths without payment, ownership of a property without appropriately paying it's taxes within the prescribed time limit.


ACT IV - TRAFFIC LAWS

IV.I - Traffic basic disposal
- Traffic orientation in the United States of Argonath is for the right side of the road. Driving in the left side can be classified as reckless driving.

IV.II - The following are considered crimes liable of punishment:

IV.II.I - Speeding
Driving over the speed limit allowed for the specific area the driver is. The speed limits are 80 Kilometers an Hour inside cities and town limits, 120 Kilometers an Hour on roads outside of the city and town limits, and there shall be no speed limits on highways. An officer is allowed to charge a fine of maximum value of $250 for this infraction.

IV.II.II - Reckless driving
Driving in a way that could endanger other persons, or properties, or the driver itself. An officer is allowed to charge a fine of maximum value of $250 for this infraction. Driving a damaged vehicle is not an offense. A damaged vehicle can still be pulled over for verification matter.

IV.II.III - Truck overweight
Trucks must carry only the designed maximum legal amount they're set to. Carrying cargo overweight will result in a fine of $500, apprehension of cargo, and if deemed necessary, the law enforcement may detain the subject in question.

IV.II.IV - Yielding to law enforcement/EMS/fire services
Citizens are obligated to yield (pull to the side of the road) whenever a law enforcement/EMS/fire service vehicle require passage - this means, with sirens and/or lights on, or if the driver of the emergency vehicle requests so. An officer is allowed to charge a fine of maximum value of $250 for this infraction.

IV.II.V - Illegal parking
Parking is to be done in a matter it will not obstruct access to a building or a house or its driveway or parking and will not obstruct the road. It can partially obstruct the sidewalk. One person is allowed to park in front of state buildings, but his vehicle may be towed away to the nearest police department on request of the person in charge at the mentioned building or if found obstructing an essential spot for the public services.


ACT V - RESTRICTIONS ON SPECIFIC ITEMS

V.I - Production, use, sale, trade, distribution or possession of the following items is not permitted:
V.I.I - Marijuana in any form;
V.I.II - Heroin;
V.I.III - Methamphetamine;
V.I.IV - Explosive ordinance (include, not limited to: RPGs, Satchel Charges, Molotovs, C4s, grenades);
V.I.V - Biological agents;
V.I.VI - Chemical agents.

V.II - Sale, trade or distribution of weaponry
   V.III.I - The sale, trade or distribution of weaponry is not allowed, unless if done inside a legalized weapon shop.
   V.III.I - The sale, trade or distribution of weaponry in concealed cases is not allowed, unless if done inside a legalized weapon shop.


ACT VI - RELATED FACTORS TO CRIMINAL ACTS

VI.I - Plotting for a criminal act
The planning, in any form, to execute any criminal act.

VI.II - Encouraging a criminal act
The subject has taken steps to commit a crime, or encouraged others to do so.

VI.III - Accessory
Anyone who helps a person after he committed a criminal offence, or omits himself from contacting the responsible authorities even though having knowledge of the criminal offence is guilty of accessory after the fact.

VI.IV - Obstruction of justice
Anyone who cause, by their presence or action or any by any means disrupt the tasks of a law enforcement person is to be charged by obstruction to justice. Anyone who refuses to cooperate with a law enforcement personnel, who has legal motives to act can be charged with obstruction to justice.


ACT VII - MISCELLANEOUS CLASSIFICATION

VII.I - Intoxication
Anyone who appears to be intoxicated by the use of any substance, not being able to properly react or respond to his own acts is to be temporarily withdrawn from the streets and can be temporarily detained by responsible authorities.

VII.II - Sabotage
The weakening of the state, a polity, organization or performed operation through subversion, obstruction, disruption or destruction.

VII.III - Mutiny
Criminal conspiracy among a group of people to openly oppose, change, or overthrow an authority to which they are subject.

VII.IV - Hijacking
Seizure of a vehicle or property (the concept of 'property' here extends to anything that belongs to one) of a person against their will, with or without their consent.

VII.V - Street racing
Any kind of street racing is to be considered an illegal event.
   VII.V.I: Exceptions to the previous act are made if the event is announced within 24 hours of anticipation at any City Hall within the State of San Andreas, or the event is hosted by any member of the Argonath Administration Team.

VII.VI - Criminal association
The formation and gathering of multiple individuals in any kind of organization whom purposefully commit or conspire to commit crimes.


ACT VIII - DECREES

VIII.I - Decree on terrorism
   VIII.I.I: Terrorist groups can be declared so by the Supreme Court or President.
   VIII.I.II: In order to protect any area of San Andreas from terrorism and protect free access to all law enforcement groups that have access to advanced weaponry are allowed to use them at any given time againt terrorist activities, groups or members of those groups.
   VIII.I.III: Law enforcement is allowed to hold any member of a terrorist organization in captivity without trial for any amount of time, until the required information is given or the subject fully cooperates, such to the determination of the holding law enforcement officers.
   VIII.I.IV: The Argonath Government can declare any assets of a terrorist group or member of such group to be seized and remove them.



Section IV: Law Enforcement & Military Acts

Ordinance I: A Law Enforcer is a member of the San Andreas Police Department or the Federal Bureau of Investigation.

Ordinance II: The term officer refers to the member of the San Andreas Police Department, while the term agent refers to the member of the Federal Bureau of Investigation. A Law Enforcement Official is considered a member of any official Law Enforcement Agency.

Ordinance III: Law Enforcement Officials mentioned in Ordinance I are authorized to use necessary force to prevent or stop a criminal.

Ordinance IV: Person can be arrested without a warrant if suspected immediately after committing the offence.

Ordinance V: A warrant can be authorized by the Judges in the Court, Chief of Police in the San Andreas Police Department, Special Agents in Charge, Deputy Director and Director in the Federal Bureau of Investigation.

Ordinance VI: Citizens are not allowed to help Law Enforcement Officials when not on duty themselves.

Ordinance VII: In the necessity of the peace of the United State of Argonath, any illegal and/or non peaceful riot can be suppressed by the legal authorities with the use of force that is to be judged of good faith or reasonable.

Ordinance VIII: A law enforcer cannot be blamed if injuries or death occur if a suspect opposes resistance.

Ordinance IX: Any Law Enforcement Official on duty is required to provide necessary assistance if possible. Any Law Enforcement Official who does not accomplish their duties and who will not have decent reasons for not accomplishing those duties can see themselves suspended by superiors.

Ordinance X: Law Enforcement Officials can act in force against a person, suspected or otherwise wanted by issued bounty by the United States of Argonath, State of San Andreas, for notorious crimes and agenda.

Ordinance XI: Military Activity is considered the wearing of military uniform outside military compounds, operation of patriot, barracks or cargobob outside of military compounds, or any activity within military compound that is not reasonably part of civilian behavior, the recruitment of civilians for a military group outside of military compounds (unless declared terrorist organization).

Ordinance XII: A group can be considered of military nature in case of group's activities matching one of the Military Activities from Ordinance XI.

Ordinance XIII: A military group requires approval from the government, court, FBI command staff or SAPD high command staff to operate outside of military compounds.

Ordinance XIV: A military compound is considered the Area 69 in Bone County, under authority of the President and the Prime-Minister of the United States of Argonath.


Section V: Courts Laws, Rules and Procedures

Ordinance I: In all prosecutions, a citizen shall have a right to a speedy and public trial in the state of the crime/civil action he or she is being prosecuted for, and the right to representation by an attorney. Failure to attend the court case you are involved in will result in your opponent winning the case.

Ordinance II: No person shall be put on trial for the same crime/case more than once. Neither will anyone be forced in any criminal case to be a witness against him/herself, nor be deprived of life or properties without a fair process of the law.

Ordinance III: In the case of prosecutions, fines can be given so shall any other form of necessary punishment.

Ordinance IV: In the absence of a judge during a court case, another judge may occur.

Ordinance V: A witness cannot be accused in an actual case if he committed a criminal act. He must be judged in a different trial and nothing of what was said in the trial in which he assisted as witness can be used in his trial.

Ordinance VI: Anyone disturbing the court process can be removed from the court by any necessary means.

Ordinance VII: Any court document or legal action presented in front of a court can and will be submitted to fees. Fees shall never be superior to 25% of the belonging of a person. Any attempt to fraud the court about personal belonging will result in an immediate seizing of all belonging of everyone who participated in the fraud.

Ordinance VIII: The court decision can be appealed up to supreme court, which will be the final decision.


Ordinance IX: Any witnesses and/or evidences must be clearly identified, stated and proved. Failing at one of the three will make the evidences or witnesses testimony unacceptable.

Ordinance X: If a previous case of law exists, the Judge shall refer to it and take parts of it in consideration to take final decision himself.

Ordinance XI: No one may talk in court rooms unless given permission by the Judge. Only lawyer or member of one of the parties demand an objection. The objection must be clearly stated, this can be sustained or overruled. Any unstated objection will be overruled.

Ordinance XII: A judge can adjourn a trial for particular reasons.

Ordinance XIII: The judge leads the court, he decides which phases will be allowed. A judge cannot apply this right in the favor of one party, both parties are equal to each other and should have the right at all times to speak at least once.

Ordinance XIV: The judge can fix a time for a trial and it is the responsibility of the parties to attend or delegate a lawyer or legal representative to represent them.

Ordinance XV: A Judge can be replaced if it seems that he is no longer able to fulfill his duties.

Ordinance XVI: A patent can only be issued for something that is registered as legal. A group can't request a patent if they don't own at least one business or don't offer at least one service. Only citizens with a passport can request a patent.


Section VI: Citizenship and Related Laws

Ordinance I: Citizenship is attainable only through a test by an administrator of the nation. A test must be taken and passed free of charge to receive it. The citizenship test cannot be passed before a full week of 7 days passed in the United State of Argonath.  Licenses are attainable by entering a recognized driving school and passing the necessary exams. Any administrator of the nation is also in ability to make pass a road exam to a citizen who has been in Argonath for more than 20 days without having the chance to take lessons due to some schedule problems.
   I.I: Where recognized is defined by approved by a patent presented to the court of Argonath or approved by the President/Prime Minister.

Ordinance II: A citizen can loose his title of passport and/or driving license if the Supreme Authority of Argonath or if the court of justice rule this as a punishment.

Ordinance III: A citizen whom his passport and/or driving license is removed will also see his house/business/car removed. Money will be given back to him.

Ordinance IV: Every citizen has the right to pursue happiness in this nation. This right shall be upheld unless the pursuit of happiness includes infringing laws set by the government. This understands that any citizen that has full attested rights (Passport) can own a house and a business. In the same vision, any citizen that has a driving license does have the legal right to own a vehicle. No one can restrict a citizen to access his house, business, vehicles or any of his belongings whenever he wants, excepted if the restriction is given by a government official, a judge of justice or a law enforcer with a valid reason.

Ordinance V: The rights of citizens shall not be denied or abridged by the nation or by any state because of race, colour, religion, ethnicity, criminal history, or previous lifestyles. An organization can still deny a candidate to a job if they judge that the criminal history or previous lifestyle of a person could put in danger the organization or the security of the nation.


Section VII: Government and Constitutional Law

Ordinance I: Laws may be set in by the government at any time with warning.

Ordinance II: The rights and amendments of the Constitution of the United States of Argonath are guaranteed to the citizens of the nation; however, they can be changed at any point in time with the approval of the highest authorities in the government.

Ordinance III: A civilian is allowed to submit a law to the supreme court. This law shall be written in accordance with the bill of rights. Judges will then study the law and decide if it is legal or not. If it is ruled as possibly legal, it will be submitted to the President and Prime Minister.
     III.II: For a law to be submitted, it is required for it to get support from both law enforcement and civilians/business groups. Once then, the Government will review if such law is required in the nation.
     III.III: The law is divided into three equally and important powers: Law Making, Law Judgement, Law Enforcement.

Ordinance IV: Supreme court is allowed to review a law and change its status if it becomes clear that the law is going against an element of the Constitution.

Ordinance V: Any law can be approved, revoked or modified by the President and Prime Minister without the necessity to pass through the judges. A notification can be sent to judges who will have to present and justify the modifications in the name of the Supreme Authority.