Senatus consultum ultimum on the Lex Cornelia poenalis

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SENATUS CONSULTUM ULTIMUM ON THE LEX CORNELIA POENALIS

I. This Senatus consultum ultimum is issued by the Senate under the authority granted to it under section V.E of the Constitution of Nova Roma.

II. It is issued to address the need now, and in the foreseeable future, for Senate oversight at an earlier stage in the process set forth in the Lex Cornelia poenalis concerning the administration of the Code of Conduct, in order to prevent misuse of the process by elements that may seek to destabilize the governance of Nova Roma and perpetuate internal conflicts.

III.The section of the Lex Cornelia poenalis numbered as VI.c shall be overridden and amended to read:

"Any citizen of Nova Roma may present a praetor with a complaint alleging a breach of the Code of Conduct. Upon receipt of such information the praetor must immediately post such a complaint to the Senate list, and then take no further action, and shall not commence any investigation, or further proceedings, under the terms of the Lex Cornelia poenalis until authorized by the Senate to do so. Any failure on the part of the praetor to post such a complaint to the Senate list shall be deemed CONTEMPT OF THE SENATE as per the SENATUS CONSULTUM DE RATIONE SENATUS MMDCCLXV. In these circumstances the Princeps senatus, upon being notified of the failure and obtaining details of the complaint from the citizen, shall proceed as though such a complaint had been posted to the Senate list by the praetor.

A failure on the part of the praetor to abide by this prohibition on proceeding shall render any guilty decisions, or not guilty decisions, reached illegal, forbidden and as such shall be void and shall not be enforceable or binding. The entire process may under these circumstances be re-commenced with any subsequent consent of the Senate. Any such failure by the praetor shall be deemed CONTEMPT OF THE SENATE as per the SENATUS CONSULTUM DE RATIONE SENATUS MMDCCLXV.

Upon the praetor posting the complaint to the Senate list the Princeps senatus must summon the Senate into Formal Session as soon as practical to do so, and then the Senate shall discuss whether consenting to the process is in the interest of the well-being Nova Roma. The matter shall be put to a vote and it shall be at the discretion of the Princeps senatus as presiding magistrate what type of majority, as defined in the SENATUS CONSULTUM DE RATIONE SENATUS MMDCCLXV, must be achieved before the matter shall be enacted. The question that shall be put to the Senate is:

'This matter concerning an alleged Code of Conduct violation under the Lex Cornelia poenalis shall be returned to the Praetor with the consent of the Senate to proceed with the investigation.'

The matter shall be presented to the Senate for vote in the form of a draft Senatus consultum ultimum. Should the measure be enacted the praetor may proceed with the required investigation and subsequent processes under the Lex Cornelia poenalis. Should the measure fail to be enacted the praetor shall contact the citizen who made the complaint and inform him/her that the Senate has refused its consent to proceed with the investigation and that no further action will be taken by the praetor in respect of the complaint.

Upon receiving the consent of the Senate to proceed the praetor must within 7 calendar days of such consent being granted review the evidence presented as well as any other evidence which the praetor subsequently discovers upon investigation of the allegation. If the praetor upon review of such evidence concludes there is no breach of the Code of Conduct no further action shall be taken. If the praetor considers that there is reasonable suspicion that a breach of the Code of Conduct has occurred, then:"

IV. Upon enactment of this Senatus consultum ultimium:

A. The only lawful method of subsequently superseding, amending or repealing this Senatus consultum ultimum must be by way of a Senatus consultum ultimum, that must achieve an extraordinary majority before it can be enacted. Any other method or attempt shall be illegal and forbidden. The Princeps senatus may at his/her discretion replace the requirement above for an extraordinary majority with a requirement for a special majority, or a simple majority.

B. No other Senatus consultum ultimum shall be enacted where the proposed content of which conflicts, negates, overrides, limits or otherwise affects in a negative manner the contents and/or purposes of all or any part of this Senatus consultum ultimum, whether directly or indirectly other than by the method at specified at section IV.A of this Senatus consultum ultimum.

V. This Senatus consultum ultimum shall terminate on the 31st December 2022, unless it shall be terminated earlier under the process described at section IV.A of this Senatus consultum ultimum.

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