AGO seeks OK of new criminal code

Legislators were undecided yesterday whether to approve a recently-completed Criminal Code for the Commonwealth and instead sought more time to review the 600-page comprehensive proposal from the Attorney General’s Office.

But most members of the Legislature hailed efforts to revise the current 40-year old statute, saying the present situation needs fresher and clearer laws to deal with more complex and heinous crimes on the island.

“The consolidation of all the statutes on criminal offenses presents a very clear and useful tool for government attorneys government as well as for private attorneys,” said Senate Floor Leader Pete P. Reyes. “I think it is a step in the right direction.”

The senator was among the dozen legislators who sat at a briefing yesterday by the AGO on the proposal, to be called the Criminal Code Revision and Amendment Act of 1999, which both the House and the Senate must adopt to become part of the CNMI laws.

Acting Attorney General Maya B. Kara underscored the need to pass the legislation this year, but offered opportunity for lawmakers to recommend changes in its provisions.

The proposal covers all aspects of criminal offenses, penalty as well as sentencing procedures and other processes of criminal justice. This is the first attempt by the CNMI to overhaul its Criminal Code, which dates back to the 1960s during the Trust Territory government.

Funded by grants from both the federal and Commonwealth, it took more than one year to compile all existing statutes and laws under one draft and more than three years of refinement on its provisions.

“There have been piece-meal amendments over the years to the Criminal Code,” Kara explained. “This is the first comprehensive attempt to totally rewrite it.”

She added that over the past 40 years, “there has been a lot of evolution, unfortunately, such as the way the crimes is committed and also the way they are prosecuted and enforced. It’s time to bring them up to date.”

The Code deals with complex issues like juvenile justice, according to legislators, and time must be provided for them to look into each provision before enacting them into law.

“I would recommend for its passage but we have to meet again even for once to discuss the comprehensive proposal,” said Rep. Frank Cepeda, chair of the House Judiciary and Governmental Operations.

He stressed, however, that he would propose strict implementation of the Code by authorities, noting that even if the CNMI adopts this law, it will be of no use unless there is enforcement.

“Crime is deterred by enforcement. I don’t care whatever perfect Criminal Code we have, but it’s the law enforcers who will make the difference by faithfully implementing these laws,” Cepeda told in an interview after the two-hour discussion.

Kara believed the Code would help curb the rising incident of crimes on the island by imposing “more appropriate” penalties, especially against repeat offenders.

“In a lot of instances, yes, it would impose stiffer penalty but I think the more important thing is it is designed in a much more comprehensive and refined manner so that the punishment can fit the crime because the crime is not so general and not so vague anymore,” she pointed out.