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| Venezuela | |
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| Tweet Topic Started: Jul 16 2014, 07:18 PM (147 Views) | |
| Qpawn East Aide | Jul 16 2014, 07:18 PM Post #1 |
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Post proposed legislation and responses to debate in your legislature. Legislation will be enacted or rejected by moderators. |
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| Hugo Chavez | Jul 20 2014, 04:23 PM Post #2 |
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[centered]The National Assembly of Venezuela[/centered] President of the National Assembly - Diosdado Cabello (PSUV) Vice President of the National Assembly - Darío Vivas (PSUV) Vice President of the National Assembly - Blanca Eeckout (PSUV) Structure Total Seats - 165 Government - 102 seats including: -United Socialist Party (96) -Communist Party (3) -For Social Democracy (3) Opposition - 64 seats including: -A New Era (15) -Democratic Action (13) -COPEI (6) -Justice First (5) -Advanced Progressive (4) -Radical Cause (3) -Project Venezuela (3) -Progressive Movement (2) -Fearless People's Alliance (1) -Convergence (1) Others (11) |
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| Hugo Chavez | Jul 25 2014, 10:19 AM Post #3 |
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[centered]The Sentencing Act 2012[/centered] Article 1 - Life Sentences a) In the case that a person over 18 is convicted of murder and issued a life sentence, the Judge shall impose a minimum term of 40 years, before early release is to be considered for the first time by the court. b) In the case that a person under 18 is convicted of murder and issued a life sentence, the Judge shall impose a minimum term of 20 years, before early release is to be considered for the first time by the court c) The defendant may appeal the sentence to the High Court Article 2 - Minimum Sentences a) The Court shall be charged to impose a minimum sentence, in which early release cannot be considered, for the following crimes and at the following terms. The sentences are minimum only and the Judge is not limited to a maximum sentence within this act, they may impose early release conditions on longer sentences, provided the early release is not considered until the minimum sentence time has passed:- (i)a person convicted of sexual child abuse or pedophilia, shall be sentenced to a minimum of 12 years. (ii)a person convicted of any other form of child abuse or possession of images depicting children in pornographic situations, shall be sentenced to a minimum of 10 years. (iii)a person convicted of manslaughter, shall be sentenced to a minimum of 15 years. (iv)a person convicted of any form of drug offences (including possession and the distribution and sale of narcotics), shall be sentenced to a minimum of 7 years. (v)a person convicted of burglary, shall be sentenced to a minimum of 9 years. (vi)a person convicted of any violent crime, in which a person was seriously maimed or harmed, shall be sentenced to a minimum of 12 years. (vii)a person convicted of rape, shall be sentenced to a minimum of 20 years. (viii) a person convicted of corruption, shall be sentenced to a minimum of 15 years. B ) This is only applicable to over 18's, under 18 sentences, will be as detailed in Article 4. Article 3 - Anti Social Behaviour Orders a) Anti Social Behaviour Orders, under this act shall now be lawful. b)The Court may, where a Judge feels it is appropriate or the conviction is in line with the provisions of this Act, issue the defendant with an anti-social behaviour order. c) An anti-social behaviour order may be issued for between 1 month and 1 year. d The application of an anti-social behaviour order will also include an automatic fine of 100 Venezuelan Bolivar's. e) The Court may order the fine to be paid through a deduction to welfare received by a defendant, the Court may also apply restitution to a victim of a crime which lead to the anti-social behaviour order being applied. f) Anti-social behaviour orders may be issued in cases of theft, vandalism, harassment, abusive behaviour, fly-posting and less serious non violent crimes, in which the Court feels an order is appropriate. g) The anti-social behaviour order shall include, set by the Court, any obligations to be maintained, such as a ban from certain areas, a requirement to report to a police station periodically or a requirement to fulfill a set amount of community service within the order period, these shall be set by the Court on a case-by-case basis. h) If a person breaks any obligations of an anti-social behaviour order against them, they may have a further, more restrictive, orders imposed against them. (Orders such as curfews, electronic tagging) i) If a person should violate a second anti-social behaviour order, the violator will face imprisonment for a minimum of 6 months. j) Anyone over the age of 12 may have an order imposed against them. k) If an offender has previously had an order imposed against them, and are convicted again, the Judge will apply an automatic 10 month prison sentence, and any sentence for the crime convicted off shall be added to this. Article 4 - Young Offenders a) Young Offenders Institutions will now be made lawful under this act. b) Any under 18 convicted of a crime listed in Article 2, shall be sentenced to the same length of time as Article 2, but in a Young Offenders Institute, until they turn 18, in which they shall transfer to an adult prison under the Venezuelan Prison Service , to serve the remainder of the sentence. c) Youth Courts will now be made lawful under this act. d) Any person under 18, shall be tried in the Youth Court, in which the Court may, if the crime does not fall within Article 2 or Article 3, impose such measures as they feel necessary to rehabilitate the offender of that crime in which the offender does not undertake such actions again. d) The Youth Court shall, in cases where they feel it is just, impose a fine of up to 100 Venezuelan Bolivar on the parents of a young offender, if they feel the parent had an involvement or refuse to take some responsibility for the actions of their child. 5. Title, Act and Commencement a) This act may be cited as the The Sentencing Act of 2012 b) This act will apply throughout the Bolivarian Republic of Venezuela c) This act will come into force the day the President of the Bolivarian Republic of Venezuela gives the bill assent to be ordained as law. |
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| Hugo Chavez | Jul 25 2014, 10:52 AM Post #4 |
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(THIS ACT COMES FROM THE EXECUTIVE OFFICE OF VENEZUELA AND IS REGARDED AS A PRESIDENTIAL EXECUTIVE ORDER) [centered]The Anti-Corruption Act 2012 - EXECUTIVE ORDER[/centered] Article 1 - The Anti-Corruption Commission of Venezuela a) This act will create the Independent Anti-Corruption Commission of Venezuela (IACV) which will investigate and review cases of corruption, the acceptance of bribes, and civil rights violations/restrictions. b)The IACV will be required to report to the President and his/hers cabinet every month. c)The IACV will prosecute and reserve the right to penalise and/or reprimand those who are found guilty of corruption. d)The head of the IACV will be appointed by the National Assembly of Venezuela, but high ranking judicial members and councilmen will be elected directly by the people every 8 years. They can serve for an unlimited amount of terms. One's seat in this office can be terminated by either a 2/3 vote by the heads of the commission or by official order by the President Article 2 - Reporting of Corruption a) To report corruption, upon the enactment of this Act, there will be a 24/7 toll free number set up for civilians to report instances of corruption. Anonymity will be respected in this initiative. b) Detailed reports and statements can also be submitted to the IACV by sending it to its headquarters in Caracas or by reporting it a local city hall. Article 3 - Investigation of Corruption Claims a) The Venezuelan police force and other law enforcement authorities will be employed to look into reports of corruption. b) The Secretary of State for Interior and Justice will start an online census of civil servants to the Venezuelan Government. Article 4 - Civil Servants a) While being under formal investigation, public officials are stripped of all political powers afforded to them by Venezuelan law. b) While being under formal investigation, public servants are furloughed for the duration of the investigation. c) Those who have been convicted of corruption and acceptance of bribes will not be allowed to run or retain a seat in any level of public office unless pardoned by the president or a unanimous decision from the heads of the IACV. d) Public workers who have been convicted of corruption will stand trial for corruption and a judge will sentence them to the minimum or maximum custodial sentence as per the Sentencing Act. Article 5 - Title, Act and Commencement a) This act may be cited The Anti-Corruption Act 2012 - EXECUTIVE ORDER b) This act will be enacted straightaway. c) This act will commence after it has been presented to the National Assembly. Edited by Hugo Chavez, Jul 27 2014, 08:31 AM.
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| Qpawn Admin | Jul 25 2014, 08:28 PM Post #5 |
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Venezuela has become ridden with corruption under Chavez - and much of it flows from the top. Are we expected to accept a Presidentially-appointed and controlled commission as the solution? This is simply a way of diffusing the situation and keeping it under control. The only way we will have a robust, genuine anti-corruption campaign in this country is if it is politically independent from the Chavez regime. Opposition MP |
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| Hugo Chavez | Jul 25 2014, 08:35 PM Post #6 |
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I would like to call to your attention that the IACV is independent from the Government. They would be required to report to us on corruption. The only government involvement will be that the Minister for Interior and Justice Affairs, will be when a list of Government Civil Servicemen/women are needed to be compiled. |
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| Qpawn Admin | Jul 26 2014, 09:57 AM Post #7 |
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"The head of the IACV will be appointed by the President but high ranking judicial members and councilmen will be elected directly by the people every 8 years. They can serve for an unlimited amount of terms. One's seat in this office can be terminated by either a 2/3 vote by the heads of the commission or by official order by the President" We feel this is an unacceptable level of political control in the hands of the Chavez regime that damages the credibility of this commission. Opposition MP |
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| Hugo Chavez | Jul 26 2014, 11:44 AM Post #8 |
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If the member wishes, we will amend this - so that the National Assembly, appoints the Head of the IACV. |
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| Qpawn Admin | Jul 26 2014, 06:25 PM Post #9 |
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Passed |
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| Qpawn Admin | Jul 29 2014, 03:53 PM Post #10 |
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Is this really the most effective strategy? Firstly, the crime rates in Venezuela are appalling by international standards. Will our prisons be able to deal with a massive influx of prisoners on life sentences? Overcrowded prisons are often breeding grounds for further crime. After all the problem will not simply disappear overnight. Much of the crime in our country arises from impoverished communities. Now you wish to impose fines as a way of dealing with the problem? This is counter-productive. We need social investment, not draconian measures. |
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| Hugo Chavez | Jul 29 2014, 04:59 PM Post #11 |
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I really do think that this is an effective strategy or deterrent of people who have or will commit crime in Venezuela, and I am too appalled at the staggering crime rate, which is enough to make anyone's mouth drop. I understand the member's concern of, the amount of prison spaces and we will address these concerns. In order to facilitate the amount of prison spaces required, in our budget, we will be funding 50 new correctional facilities that will include the Young Offenders Institutes that this bill will legislate. We all know that crime thrives in poverty but is diminished in wealth and I concur with the members remarks that most of Venezuelan crime is contributed to by impoverished communities, and I still believe that we must continue to fund social investment, and we will do that. Financial deterrents would help to deter criminals from impoverished communities because they will simply not have the money to pay the fine, therefore I reject the remarks of the member that this bill is counter-productive. Also, we have many plans to make sure that wealth distribution is fairer, taxes are fairer and that our economy is stronger and fairer. This is how we will tackle poverty and this is how we will lower crime. |
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12:49 AM Jul 11