Bill #3

(2020 – First Legislature)

Death Sentence Act

Introduced on (2020-10-24)
Adopted on (2020-10-24)
Sanctioned on (DATE)

Royal Kingdom of Lenards

Under authority of His Majesty, the King Tyler 1st

National Archives Library of Lenards

The Hon. Emily Brown
Minister of Justice
Representing District of Tes
Presentation

This law legislates on the legal and authorizes means of executions

within the Kingdom.

Furthermore, it enumerates the procedures before, during and

after the execution of someone sentenced to death by a superior
judge.

This law also establishes the procedures a prosecutor must follow

to request superior court for an execution but also what the
superior court must follow in order to sentence an individual to
death.

Bill #3
DEATH SENTENCE ACT

THE HOUSE OF COMMONS, IN ACCORDANCE WITH THE

CONSTITUTION AND ALL LAWS WITHIN THE ROYAL
KINGDOM OF LENARDS, AFTER SANCTION FROM HIS
MAJESTY, KING TYLER 1ST ENACTS AS FOLLOW:

Article 1. This act is titled “Death sentence act”.

Article 2. For purposes of this act:

Offender
Any individual found guilty by a court.

Prosecutor
The prosecutor from the royal prosecution in first instance
Part 1 – Request death sentence

Article 3. Any offender found guilty in first instance of an offence under

the Criminal Code which provides a maximum sentence of execution may
face a request from the prosecution to be executed.

Article 4. A prosecutor who wishes to seize the court with a request to

execute must do so within 30 days following the offender was found guilty
in first instance.

Article 5. The prosecutor must clearly indicate in the request the reasons
behind his request.

Part 2 – Reception of request

Article 6. The clerk who receives from a prosecutor a request to execute

must inform the offender and his/her lawyer from first instance within 48
hours of the prosecution’s request.

Article 7. The clerk shall also inform the first instance clerk and judge of
the request presented.

Article 8. The first instance court must provide the superior court with the
entire file within 7 days from the notice.

Article 9. The prosecution must provide the superior court with the entire
proofs within 7 days from the day the clerk receives the request.

Article 10. The offender may provide the court with any arguments in
writing that they wish to present the court.

Article 11. A court trial must be held within 70 days from the request being
received by the superior court.

Part 3 – Trial

Article 12. The superior court must assign a superior judge for the entire
trial.
Article 13. At the beginning of the trial, the prosecutor shall expose his
arguments and elements entirely to the court. Once his proof his closed, the
defense may argue on the elements presented by the prosecutor.

Article 14. The superior judge must present both parties with his
preliminary opinion. He shall inform them of whether at this time of the
proceedings, he leans more towards accepting the request or rejecting it.

Article 15. The prosecutor may then present the court with supplementary
arguments to the defense arguments. The defense will then be allowed to add
to their first arguments or to defend themselves on the prosecution’s
supplementary arguments.

Article 16. The court shall then suspend for 30 days to evaluate the entire
proof, documents and arguments.

Article 17. A judge may add an additional 30 days if he believes he would

be unable to provide his judgment within the allowed period.

Article 18. If he wishes to extend the delay, the judge must have the clerk
inform both parties. Either party may require the judge to provide them with
the reasons for the extension.

Article 19. Any parties who don’t believe or agree with the extension
reasons exposed by the judge may appeal to the court of appeals.

Part 4 – Decision

Article 20. The superior court when evaluating the entire case must
determine:
(a) the gravity of the offence;
(b) the past criminal history;
(c) the risks reccurence;
(d) the recognition of the crime;
(e) the public’s opinion;
(f) the chances of rehabilitation.

Article 21. While determining the application of the death sentence, the
judge should first evaluate the gravity of the offence. This includes all the
aggravating factors and mitigating factors. If the judge determines that with
all the factors considered, the crime committed was to the point that
execution would be necessary to keep confidence from the public in the
justice system, he shall apply this as an argument towards applying death
sentence.

Article 22. The judge must also consider the past criminal history, if the
offender has had a criminal past or any similar crimes in the past. If the
judge determines that the suspect shows a pattern of crimes or has
committed a similar offence in the past, he shall apply this as an argument
towards applying death sentence.

Article 23. The third element to be evaluated by the superior court must be
the risks of recurrence. If the judge has reasons to believe that the offender
might commit similar offences in the future he shall apply this as an
argument towards applying death sentence.

Article 24. The judge shall then evaluate the recognition of the offence by
the offender. If the offender does not recognize the crime committed and the
evil done to the individuals, it should be considered as an argument towards
applying death sentence.

Article 25. Court should also consider the public’s opinion into the justice
system. If a reasonable individual, who is well informed of the file and the
crime as well as the elements presented by the prosecution could lose
confidence in the justice system or would believe that the court was
negligent in applying the sentencing, the court shall consider this as an
argument towards applying death sentence.

Article 26. The last element to be evaluated by a judge is the chances of

rehabilitation. A judge can request from a psychiatrist or psychologist to
conduct an evaluation on an individual to know if the offender can be
rehabilitated if, once he is released, can get into relations with others and
integrate society. If the judge deems that the chances of rehabilitation are
null, he shall consider this as an argument towards applying death sentence.

Article 27. In determining whether to apply the death sentence or not, the
judge shall elaborate in his judgment on each points and at the end write
either:
 (a) For these reasons, I do believe that death sentence should be applied.
(b) For these reasons, I do not believe that death sentence should be
applied.

Article 28. If the judge has 4 arguments for death sentence, it should be
applied and the offender shall be sentenced to death.

Article 29. If the judge does not have the 4 necessary arguments, the
offender cannot be sentenced to death, and should be referred back to the
first instance court for re-sentencing.

Article 30. The judge shall choose one of the mentions stated in part 5 of
this act.

Article 31. If the individual prefers another method of execution stated in

part 5, he must submit a request to the superior court to change the method
of execution through his attorney.

Article 32. A judge will evaluate the arguments presented by the offender
and decide of the final mean of execution.

Article 33. If an offender does not contest the mean of execution decided
by the court within 30 days, he is deemed to agree the mean of execution.

Article 34. The decision from the superior court cannot be appealed.

Article 35. The only person who may suspend death sentence is His
Majesty.

Article 36. The court should decide of the execution date 2 months after
the imposition of execution. A notice must be sent to His Majesty, the
Ministry of Justice, the Attorney General, the detention facility director, the
prosecutor in first instance and the offender.

Article 37. The court should, 5 days before the execution, assign an
individual to carry the execution of the offender. The death warrant should
be sent to the director of the establishment.

Article 38. On the morning of the execution, the Minister of Justice and
His Majesty shall authorize the facility to execute the offender.
Article 39. The director of the establishment shall, the night before the
execution, allow a last meal to the choice of the offender not exceeding 50$
USD and in accordance with the establishment last meal procedures.

Article 40. On the night day of the execution, a person of the offender’s
choice may visit with contact for the last time.

Article 41. The director of the establishment must make sure the offender
is at the assigned time by the court ready for execution.

Article 42. At any time in the proceeding, His Majesty may intervene and
suspend the execution.

Article 43. Once the offender is executed, an assigned doctor must legally
confirm the death of the offender.

Article 44. The body shall be kept for 24 hours and then given to the
medico-legal’s office to be incinerated.

Article 45. The medico-legal office must within 48 hours conduct an

autopsy on the body and fill the appropriate reports to submit to the director
of the detention center.

Article 46. Within 2 hours of the execution, the director of the detention
center must inform His Majesty, the Ministry of Justice, the Attorney
General and the prosecutor in first instance that the individual was executed.

Article 47. Within 10 hours of the execution, the Ministry of Justice shall
inform the public that the individual was executed according to this law.

Article 48. The director of the facility must provide the court with the
entire detention file, the psychology report, the corrections-life officer
report, the assigned correction officer report, the director’s report, the
doctor’s report and all other reports requested by the court.

Article 49. Coroner’s reports are not required for executions.

Article 50. The file of the offender is closed at the moment the superior
court judge in chief considers the execution was done and the information
received by the court are satisfying.

Part 5 – Methods of execution

Article 51. The only means of execution allowed within Lenards are as
follow
(a) electric chair;
(b) lethal injection;
(c) gaz chamber.

Article 52. To keep the methods to execute an individual secret, the next
articles are private and not accessible publicly.