Senatus consultum de pietate, fiducia et fidelitate principum civitatis erga rem publicam (Nova Roma)

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Codex Iuris Novae Romae


SENATUS CONSULTUM STATUS INFORMATION


This senatus consultum is currently IN FORCE.

Passed by the Senate of Nova Roma
Yes: 9 No: 2 Abs.: 1
a.d. III Kal. Mar. Sex. Lucilio (II) A. Tullia (II) cos. MMDCCLXXV a.u.c.



I. Nova Roma welcomes and accepts citizens to hold membership or citizenship in other Roman organizations, however, as is common practice in all important organizations, Nova Roma is obligated to address and manage the cases of conflicts-of-interest. For the ongoing benefit of all citizens, it is in the best interest of the republic to protect the infrastructure and financial assets from entities that could cause damage to our society and organization, either through error or violation.


II. As a preventive and disciplinary measure in protection of the assets and interests of Nova Roma, those Nova Roman citizens who do not uphold an undivided loyalty toward Nova Roma as their Roman nation and republic, but commit themselves in service in a high-ranking office to another revival of the Roman or Byzantine state and nation (Roman is henceforth understood to include Byzantine), shall be restricted in the exercise of their ius honorum. As a consequence of this, it is prohibited for any citizen who holds a high-ranking position in another Roman state or Roman revivalist organization which conducts activities modelling the creation, development, or workings of the Roman state, to be a candidate for, or to hold, a high-ranking office or priesthood in Nova Roma. Such circumstances create a conflict-of-interest and reduce the capacities of magistrates or otherwise present risks to Nova Roma assets and citizens. A “high-ranking official” is defined as:


II.A. all corporate decision-making offices,


II.B. senator,


II.C. consul,


II.D. praetor,


II.E. censor,


II.F. aedilis,


II.G. quaestor,


II.H. tribunus plebis,


II.I. vigintisexvir,


II.J. provincial governors or any officer appointed by Senate or Comitia (unless specially appointed as a Nova Roman representative in another organization),


II.K. rex sacrorum,


II.L. pontifex,


II.M. flamen,


II.N. augur,


II.O. quindecimvir,


II.P. epulo, and


II.Q. vestal.


II. Nova Roma allows its citizens to hold membership or citizenship in other Roman organizations. These citizens, holding membership in other Roman organizations, may still run for high-ranking offices within Nova Roma provided they are not in violation of this article. The Senate has evaluated the risk and accepts the potential ongoing ineligibility of a small number of citizens in exchange for the added security this legislation provides. Citizens who hold high-ranking offices or corporate roles within organizations formally recognized by Nova Roma as a subsidiary, chapter, autonomous group, allied group, or friendly partner are permitted to hold a high-ranking office within Nova Roma. Non Nova Roman reenactment legions, gladiatorial schools, and similar organizations which lack Roman-style government frameworks do not fall under this prohibition. Our pater patriae, M. Cassius Iulianus, is an exception not subject to these restrictions as defined in this article.


III. If any high-ranking office holder is suspected to be in violation of this article, the Senate may issue a direction to a praetor or quaestor to conduct a fact-finding investigation on suspected official. The praetors and quaestors may also commence an investigation under the own instigation. In case the available praetors or quaestors are suspected, the Senate may direct any magistarte or appoint anyone to conduct the investigation. The investigator may communicate with any parties that have information, including the suspected officials. After any investigation with adverse findings, the investigator informs the appropriate authority:


III.A. For all adverse findings against a religious high-ranking official, the Collegium Pontificum is to be informed. They will assess the investigation findings and make the final determination on the suspected religious officials. They may refer to a praetor to conduct a trial of the accused. Religious high-ranking officials cleared of any suspicion or found not to be in violation of this article, are no longer subject to any adverse action and maintain their appointed post.


III.B. For all adverse findings against other senate-appointed officials and elected magistrates, the Senate is to be informed. The Senate may make a determination to remove only any senate-appointed official (including governors) based on the findings. They may refer to a praetor to conduct a trial of the accused. Senate-appointed officials cleared of any suspicion or found not to be in violation of this article are no longer subject to any adverse action and maintain their appointed post.


III.C. Upon reviewing the investigation evidence, if the Senate deems an elected magistrate is in violation of this article, the Senate may declare an emergency and pass a senatus consultus ultimum (SCU) explicitly waiving the prohibition of judicial proceedings against a magistrate while in office. The SCU must stipulate the following:


III.C.1. That the Senate has received adverse findings against a sitting elected magistrate in violation of the present senatus consultum;


III.C.2. That it waivers the prohibition against conducting judicial proceedings against a magistrate that is still in office, as articulated in article I of the lex Tullia annalis and article I.A of the lex Equitia de iurisdictione;


III.C.3. The waiver is only valid for a specific trial, against the specifically named elected magistrates that are under adverse findings, so mentioned in this SCU;


III.C.4. That any guilty verdict will result in the magistrate on trial being removed from their office; and


III.C.5. Which praetor which magistrate is to run trial proceedings in accordance with the lex Salvia iudiciaria. In those cases where a praetor is unable to manage the judicial process, the consul should conduct the trial, if the consuls are unavailabe, another magistrate should be appointed by the Senate to preside in place of a praetor where necessary in accordance with the Lex Salvia iudiciaria.


III.D. The appointed or presiding praetor can determine the reus is liable against one or both of article 16 – falsum and article 21 – laesa patriae, of the lex Salvia poenalis. If the reus is found guilty though due process, he or she will be automatically removed from office in addition to the standard poenae. Determined innocence through a judicial process or an inconclusive investigation immediately ends any suspension of office and without record in the subject citizen’s acta. The SCU, but not the trial, is still subject to tribunician intercession. If vetoed, the magistrate is permitted to remain in office and continue their functions but is otherwise subject to prosecution at the end of their tenure in office, which prohibits them from further election candidacies in accordance with article I of this lex, until resolved in accordance with law.
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