Penal Code by L. Ron Hubbard

From what amounted to some fifty years of research into questions of ethics, justice and the ideal social contract, Ron, in the late 1960s, wrote this immensely meaningful document for the establishment of a model penal code. Previously, he had authored ideal constitutions for two African nations, and had lectured extensively on matters relating to liberty and the preservation of political freedom. Those familiar with the lectures, or the larger body of his work on ethics, will recognize the salient points: punishment solves nothing; vindictive justice is no justice at all, and no state has a moral right to take a human life.

    This penal code of the Constitution is based on the principle that all men are equal under law, regardless of privilege, wealth, descent, antecedents, repute or poverty and that no costs, conditions, rumor or publicity shall swerve favorably or unfavorably the course of justice or the rights thereto.

    Each person, citizen or alien, regardless of age, color, creed or repute have:

  1. A fair hearing for any misdemeanor requiring fine or discipline before an unbiased magistrate.

  2. A fair trial, adequately defended, before an unbiased judge and jury, for any felony or capital crime.

  3. The right of habeas corpus without delay regardless of the charge, reason or method of his or her seizure.

  4. Sanity and insanity alike, regardless of how pronounced, shall have no bearing whatever in the issue of warrants, seizure, detention, defense, exculpation or sentence and in itself insanity may be no charge for any warrant, seizure or confinement. The acts of a person shall be judged entirely and alone as acts within the meaning of misdemeanor, felony or capital crime, tried and sentenced without any attention or heed to any difference such as capability, sanity, youth or age. The mental attitude or condition, however asserted, shall have no bearing upon or place in law.

  5. No public official, elected, hired or appointed, agent, part, department or division of a government including the government itself may act in any manner to exceed, set aside or ignore any part of this Constitution and in such case of violation, individually or collectively, the matter shall become one of criminal or civil procedure as the consequences of the act are found to merit before any low or high court, and no summons may be refused by any court to prevent justice from occurring, such departures by officials or the government being themselves the nullification of all rights of the citizen with consequent tyranny.

  6. Parliamentary and/or Congressional efforts to thwart, deny or nullify the Constitution or its penal code purposes or rights subject the individual members thereof to discipline within this code and the acts to nullification.

  7. It shall be a felony to subvert, ignore or alter this Constitution.

  8. Theft or damage or loss by omission or commission of persons’ property, interests or funds but not exceeding the value of a month’s salary by an average citizen shall be deemed a misdemeanor and is punishable by a fine payable to the damaged parties and all fees and costs of the action.

  9. Theft or malicious damage or loss by omission or commission beyond that of a month’s salary of an average citizen shall be punishable as a felony and if proven beyond reasonable doubt shall result in a restriction order on the person until the damage is paid in full with all costs and fees.

  10. Personal physical injury of a person by passion or malice, shall be judged a crime and if incapacitating shall result in a fine of double the usual pay of the victim for the time he or she is incapacitated whether the pay continues elsewhere or not or in such compensatory award as the judge may allocate.

  11. Loss of life through negligence or without intention shall be deemed a felony or as the judge may declare commensurate with extenuation.

  12. Loss of life by intent shall be deemed a capital crime and shall be actionable by a total reimbursement of loss of their interest to all financially involved persons and substitution insofar as possible by the offender and failing the latter shall be further disciplined as the judge of the court, after due unanimous findings by the jury, shall decree.

  13. The death sentence shall not be part of any penal code of the country.

  14. Treason shall be defined as any knowing effort to overthrow the Constitution, as subversion of the state in the interest of a foreign power or willful and malicious betrayal of the national interest to the benefit of forces seeking to overthrow the Constitution or secret employment or retention by a foreign enemy or betraying the nation or an employer for pay or revenge. It shall be deemed a capital crime and proven beyond reasonable doubt before a jury, shall be punishable by deprivation of all property, of any citizenship and exile or as the judge may decree.

  15. Seeking by libel and slander or false public utterances to deprive a person of his constitutional rights or his livelihood or his public esteem shall be deemed a felony.

  16. Depriving by libel, slander, false statements or any persuasion a person of his or her legal spouse or family members or family shall be deemed a felony.

  17. The forceful removal of a person from his abode or the forceful detention of a person separate from his family or friends by private persons or groups acting outside the legal structure shall be deemed a felony;
    and kidnapping for ransom or favors shall be deemed a capital offense.

  18. Forceful physical treatment not resulting in a well and restored being shall be deemed a felony.

  19. Physical treatment which damages or injures a personality shall be deemed a felony.

  20. Advising or coaxing or introducing the use of psychotropic or hallucinatory drugs, weeds or chemical preparations shall be deemed a felony and the purveyance of such shall be deemed a capital crime.

  21. Educating youth against the national interest and Constitution shall be deemed a felony.

  22. No person may be detained or incarcerated on the possibility of his committing a crime which in fact has not been committed.

  23. The committing of genocide shall be deemed a capital crime.

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