Decimus Aurelius Ingeniarius: Establishing page to help citizens understand how to lodge complaints

2022-02-05T10:19:09Z

Establishing page to help citizens understand how to lodge complaints

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{{LanguageBar|Complaint and Conflict Resolution in Nova Roma}}
{{Praetores}}
[[category:Civic life (Nova Roma)]]
[[category:Nova Roma]]

== Introduction ==

This page is intended to be a guide for Nova Roma citizen that wish to lodge a formal complaint or seek resolution to conflict encountered internally within Nova Roma. All jurisdictional legislation is also summarized in the ''[[Codex Juris: Ius Dicere]]''.

Nova Roma only has jurisdiction to handle matters internally within Nova Roma that exist between Nova Roma members (citizens), so matters pertaining to external issues need to be resolved through other means. In any case of emergency or where your life is in immediate danger, you should consult your local law enforcement authorities in your native country.

== Complaint Management in Public Forums ==

:This resolution option is available to all citizen types in Nova Roma and extended to all users of Nova Roma public ''fora''.

A "public forum" is any communication medium defined under the ''[[Lex Octavia de sermone (Nova Roma)|lex Octavia de sermone]]'' or ''[[Senatus consultum ultimum de foro Novo Romano officiali, de foris publicis et de limitibus iuris publici (Nova Roma)|Senatus consultum ultimum de foro Novo Romano officiali, de foris publicis et de limitibus iuris publici]]''. This includes ''fora'' such as, the [https://groups.io/g/TheForumRomanum ''Forum Romanum''] (Groups.io), the [https://discord.gg/AtkTd5X ''Forum Domitium''] (Discord), and [https://www.facebook.com/groups/novaroma.org ''Forum Cornelium Lentuli''] (Facebook).

The ''[[Aedilis overview|aediles]]'' are given the powers and duties of "moderators" for all public ''fora'' sponsored, recognized, or owned by the central government of Nova Roma. They have the powers to enforce public order, legality and the policing in those forums. Supervision, conflict resolution and administration of justice remains the responsibility of the praetors.

Should a citizen or forum user believe public or private posts are in contravention to forum rules or codes of conduct, or Nova Roma law, than the aediles can take steps to remedy the issue in accordance with set forum rules. Serious offences as listed under the ''[[Lex Salvia poenalis (Nova Roma)|lex Salvia poenalis]]'' must be referred to the praetors.

== Tribunician Dispute Resolution ==

:This options is only available to ''full'' [[Citizen (Nova Roma)|citizens]] who possess the ''civitas Nova Romana optimo iure'' that are of the ''[[Plebeian (Nova Roma)|plebeian]]'' order.

A citizen may elect for arbitration and dispute resolution from a ''[[Tribunus plebis (Nova Roma)|tribunus plebis]]'' in accordance with article II.C. of the ''[[Lex Didia de potestate tribunicia (Nova Roma)|Lex Didia de potestate tribunicia]]''.

Both the complainant and any accused must agree to the arbitration. Without agreement, a tribune will elevate the issue to a praetor for adjudication under the ''[[Lex Salvia iudiciaria (Nova Roma)|lex Salvia iudiciaria]]''. All parties in the arbitration must agree on a selected tribune. Without agreement, the oldest Tribunus Plebis will arbitrate the dispute.

If the parties agree to arbitration by a Tribunus Plebis, the decision of the Tribunus is final and the issue may not be brought before a praetor to see relief under the ''[[Lex Salvia iudiciaria (Nova Roma)|lex Salvia iudiciaria]]''.

== Petitio Actionis - Judicial Court Proceedings ==

:This resolution option is only available to ''full'' [[Citizen (Nova Roma)|citizens]] who possess the ''civitas Nova Romana optimo iure''.

Any citizen of Nova Roma shall be able to bring an action (''editio actionis''), against another citizen of Nova Roma. The plaintiff (''actor''), must make it clear to a [[Praetor (Nova Roma)|praetor]] that they wish to commence judicial procedures against another citizen(s) (''petitio actionis''). The exception is that trials may not be brought against a sitting magistrate as per article I.A. of the ''[[Lex Equitia de iurisdictione (Nova Roma)|lex Equitia de iurisdictione]]''. Citizens should also consider the option of taking the ''editio actionis'' to their provincial governor instead of the praetors if such an issue is more local, in accordance with article III of the ''[[Lex Equitia de iurisdictione (Nova Roma)|lex Equitia de iurisdictione]]''.

Infractions against the law are defined under the ''[[Lex Salvia poenalis (Nova Roma)|lex Salvia poenalis]]''. Justifiable claims against an accused include: ''Calumniae'' (Libel and Slander), ''Sollicitudo'' (Electronic Harassment), ''Falsum'' (Fraud, Swindle, Perjury and Falsification), ''Abusus Potestatis'' (Magisterial Abuse), ''Contvmelia Pietate'' (Offences against Piety), ''Ambitvs et Largitio'' (Voting Irregularities), ''Peculatus'' (Fund Embezzlement), ''Laesa Patriae'' (Treason Against the Republic), ''Iniuria'' (Injury), and Religio Romana Blasphemy.

After a praetor has assed the ''petitio actionis'' for congruence and validity of participating parties, if not dismissed, the praetor will prepare a formula to present to any number of ''iudices'' as required under the ''[[Lex Salvia iudiciaria (Nova Roma)|lex Salvia iudiciaria]]''.

Both the ''actor'' and defendant(s) (''reus'') may appoint consenting ''advocatus'' (advocate or barrister) to speak for them and they may also dismiss up to a maximum of three ''iudices'' they find unfavorable, that the praetor will then replace as required.

In a tribunal set by the praetor, each side can present evidence and witnesses, as accepted by the praetor. After final statements, the praetor will call for a sententia (sentence) from the ''iudices'' who will make a determination that is "beyond reasonable doubt".

== Appeals Against Magistrates and Proposed Legislation ==

:These resolution options are only available to ''full'' [[Citizen (Nova Roma)|citizens]] who possess the ''civitas Nova Romana optimo iure''.

=== Ius Auxili Ferendi - The Right of Bringing Assistance ===
A citizen who wishes to challenge proposed legislation may engage an elected ''[[Tribunus plebis (Nova Roma)|tribunus plebis]]'' to challenge it on their behalf. Under article IV.A.7.b of the ''[[Lex Cornelia Domitia de re publica constituenda (Nova Roma)|lex Cornelia Domitia de re publica constituenda]]'' (constitution), a ''trubunus plebis'' may pronounce ''intercessio'' (intercession; a veto), within the central administration of Nova Roma, against the actions or decisions of any other magistrate (with the exception of the dictator and the interrex), fellow tribune, other central officers, ''[[Tabularium_(Nova_Roma)#Edicta|edicta]]'' and ''[[Tabularium_(Nova_Roma)#Decreta_pontificum_vel_augurum|decreta]]'', or motions for ''[[Tabularium_(Nova_Roma)#Senatus_consulta|senatus consulta]]'' and ''[[Tabularium_(Nova_Roma)#Leges|leges]]'' before their enactment, which would violate, in their interpretation, the rights and interests of the plebs, a plebeian citizen, any citizens, or the mission and function of Nova Roma, or the letter and spirit of any law.

Tribunes are obliged to follow the ''[[Lex Didia de potestate tribunicia (Nova Roma)|lex Didia de potestate tribunicia]]'' when issuing a ''intercessio'' and as such, the name of the requesting citizen is included in the formal announcement. An ''intercessio'', must be lodged within 72 hours of the item or actioned that is to be vetoed, in accodance with the ''[[Lex Salvia de intercessione (Nova Roma)|lex Salvia de intercessione]]''.

=== Ius Provocationis - The Right to Appeal to the Comitia ===

''[[Provocatio]]'' is a citizens' right to appeal a decision of a magistrate that had a direct negative impact upon them to the ''[[Comitia populi tributa (Nova Roma)|comitia populi tributa]]''. It is only a valid course of action if any magistrate is attempting to use the powers of the state against a citizen (such as to punish that citizen for an alleged crime), outside of defined legal and legislative process. The right is granted under II.B.5. of the ''[[Lex Cornelia Domitia de re publica constituenda (Nova Roma)|lex Cornelia Domitia de re publica constituenda]]''.

The comitia can only be called to order by the [[consul (Nova Roma)|consuls]] and [[Praetor (Nova Roma)|praetors]] in accordance with article III.C. of the ''[[Lex Cornelia Domitia de re publica constituenda (Nova Roma)|lex Cornelia Domitia de re publica constituenda]]'' and is run in accordance with the ''[[Lex Tullia de comitiis habendis (Nova Roma)|lex Tullia de comitiis habendis]]''. Therefore, a citizen has to appeal directly to these senior magistrates (the praetors in the first instance).

There is limited legislation on the exercise of this right in practice, but the magistrates may exercise their ''iurisdictio'' in accordance with the constitution and as guided by the ''[[Edicta_MMDCCLXXIV#Edictum_consulare_de_imperio_et_potestate|Edictum consulare de imperio et potestate]]''.

=== Ius Prehensionis - The Right of Detainment Against Violation ===

A special power of the ''[[Tribunus plebis (Nova Roma)|tribunus plebis]]'', for a maximum of a 72 hour period, the tribunes may suspend the citizenship rights and the office (detainment) of someone who obstructs the tribunes in the performance of their duties. The ''ius prehensionis'' may only be exercised with the unanimous collegial decision of all tribunes of the plebs. The tribunes must follow the procedures stipulated in article IV.7.a.ii. of the ''[[Lex Cornelia Domitia de re publica constituenda (Nova Roma)|lex Cornelia Domitia de re publica constituenda]]''.

Legislation allows the tribunes' interpretation on when this power can be used and whether it aids in the defence of a citizen. This right does not permit the physical detainment of any citizen, only the suspension of the rights of a citizen perceived to be violating law. It is unlikely the tribunes will exercise this right as their are consequences should the act be deemed illegal through process.

Complaint and Conflict Resolution in Nova Roma - Revision history

Decimus Aurelius Ingeniarius: Establishing page to help citizens understand how to lodge complaints