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you are here: > Canonum De Ius Positivum
> Article 296
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VII. Law |
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| 7.9 Controversy of Law | ||
| Article 296-Criminal Controversy | ||
| Canon 3206 | ||
| A Criminal Controversy is a form of public dispute against at least two opposing sides concerning an alleged offence and one or more matters of presumption where the Government is the Accuser. | ||
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| Canon 3207 | ||
| An offence is the existence of an alleged Injury proscribed by one or more valid Statutes by the alleged Action(s) of a Person contrary to the prescripts of the law. | ||
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| Canon 3208 | ||
| Injury is a fictional concept in Reality whereby a Person, Animal, Notion or Thing suffers wrongful treatment, damage, loss, violation or infringement of rights by the actions of a Person. | ||
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| Canon 3209 | ||
| The damage, loss, violation or hurt to a physical object or concept under Natural Law itself does not constitute Injury as Injury requires the pre-existence of a fictional framework of Reality and laws prohibiting certain Actions and an Injured Form. Therefore, in the absence of an Injured Form, no Injury exists. | ||
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| Canon 3210 | ||
| Any valid Injury involves three types parties, each known as an Injured Party: | ||
| (i) The First Injured Party to any alleged Offence is the Law itself; and | ||
| (ii) The Second Injured Party to any alleged Offence is the Juridic Person whose statutes were alleged to have been breached; and | ||
| (iii) The Third Injured Party or Parties are all other alleged injured such as Persons, Animals, Notions or Things. | ||
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| Canon 3211 | ||
| An Injury exists only when there is a named Third Injured Party being one or more Persons, Animals or Notions or Things. In the absence of any named Third Injured Party, no Offence exists. | ||
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| Canon 3212 | ||
| An Offence exists only when there is sufficient Reason to allege one or more Actions. In the absence of sufficient Reason, an alleged Action cannot be claimed, therefore an Offence cannot exist. | ||
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| Canon 3213 | ||
| An Offence exists only when the law proscribing an Injury is valid by its conformity to the body of Canons known as Astrum Iuris Divini Canonum in accordance with Pactum De Singularis Caelum. | ||
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| Canon 3214 | ||
| The severity of the Offence is determined not only by the Injury proscribed by Statute and the Status of the Juridic Person having promulgated the Statute, but the traditional and customary view of such an Offence. Only three classes of Offences exist: Criminal, Civil and Private. | ||
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| Canon 3215 | ||
| The first injured party retains the right to first bring forward a suit against any Person who is alleged to have committed an injury to them, or to permit the second party to act on their behalf. If the injured party of higher standing declines to pursue remedy against the alleged injury, then the option to pursue remedy falls to the next injured party. | ||
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