Change Request 18/2009

Submission Date: Dec 3, 2009

Submitted by: President Hock

Change Request:

Fugitive Property Confiscation Act

Due to recent emigration of legally convicted citizens (convicted emigrees) and a dearth of legal recourse for the payment of creditors, fines and Court fees left unpaid, I move that the following proposed legislation be adopted:

In the event that a convicted citizen should emigrate from the republic before paying all lawful debts, fines and Court fees, then the Court shall have the power to confiscate said convicted emigree's property: real, commercial and liquid.

In the event that the convicted emigree transferred the property or interest therein to another citizen or organization, which was not a lawful creditor or the Government of Titulia, within seven (7) days prior to emigration, then the Court shall have the power to compel the citizen or organization in receipt of the convicted emigree's property to forfeit the property to the Court.

In the event that the property confiscated is not liquid in nature, the Court has the right to sell said property at a reasonable rate to the highest bidder in an openly announced auction.

In the event that excess funds remain once all creditors, fines and Court fees are paid, then the remainder of said property will escheat to the Government of Titulia for the benefit of the Titulian populace.

All claims to a convicted emigrees property must be made to the Court within seven (7) days of the convicted citizen's emigration.

In the event that a convicted emigree leaves property to another citizen or organization and no claim comes against the property of said emigree, then the disbursement of property will remain untouched by the Court.    


Administrator's Response:

This change request is accepted.

Technically, this is what the Administrator will do to implement this change request:

Upon specific request from the President based upon a court decision, the Administrator will transfer all requested property of any emigrated convicted citizen to the Government. Then, the Government will be responsible for distributing that property as required by law.

However, the following restrictions must be applied:

1. The definition of "emigration" is that the citizen presses the emigrate button on their profile page, therefore disable themselves from logging in in the future. Simply not visiting the site cannot currently be considered as emigration.

2. The change request does not provide the definition of a "lawful creditor". Our definition of a "lawful creditor" is anyone who honestly entered into any business arrangement with the citizen in question and therefore received funds or property. Any payment or property transfer of a citizen under criminal proceedings to third parties will be deemed lawful by default, unless specifically proven otherwise.

Status: Effective now.