Protecting The Right To A Legal Counsel and Fair Hearing Act

Preamble:

Whereas: the Right to a Fair Trial can only be realised with adequate counseling.

Whereas: the attorney-client privilege should be formalised.

Section 1: Amendment to the Court Room Procedures Act of 2024

§1. In the Part 1 - Court Room Proceedings Article 5 - Witness and Evidence Procedures of the Court Room Procedures Act of 2024 Paragraph 3.2. shall be amended to say (changes are underlined):

Article 5: Witness and Evidence Procedures

§3.

§3.2. Fruit of the poisonous tree; Evidence obtained by the SDBI or other governmental agencies through illegal means shall be inadmissible in court. Furthermore, privileged evidence shall be inadmissible.

§3.2.1. Privileged evidence for the purpose of this section shall be evidence gathered from non-public conversations with one's legal counsel. Evidence shall cease to be privileged as long as one or more of the parties of the conversation agrees with its usage as evidence.

§2. In the Part 2 - Criminal Proceedings Article 7 - General Provisions for Criminal Proceedings of the Court Room Procedures Act of 2024 Paragraph 3. shall be amended to say (changes are underlined):

Article 7: General Provisions for Criminal Proceedings

§3. The legal entity against whom changes are sought shall be known as the defendant. The defendant has the Right to an Attorney as envisioned by this Act and the Constitution. The defendant shall have the Right to be represented in Court by an attorney in a manner, where all their Rights in Trial may be exercised by their attorney. Nobody shall be able to represent anybody but themself in court without certification by the Bar. The individual or representative of the state or organization presenting the charges shall be known as the prosecution.

§3. In the Part 3 - Civil Proceedings Article 13 - General Provisions for Civil Proceedings of the Court Room Procedures Act of 2024 Paragraph 3. shall be amended to say (changes are underlined):

Article 13: General Provisions for Civil Proceedings

§3. The legal entity filing the claim shall be known as the plaintiff, and the legal entity against whom the claim is filed shall be known as the defendant. The defendant has the Right to an Attorney as envisioned by the Constitution. The defendant shall have the Right to be represented in Court by an attorney in a manner, where all their Rights in Trial may be exercised by their attorney. The plaintiff may choose to have an Attorney who shall represent them in a manner, where all their Rights may be exercised by their attorney. Nobody shall be able to represent anybody but themself in court without certification by the Bar.

Section 2: Effect Timing

§1. This Act shall go into effect one week after it has been passed.