Union of Nova-Occitania v. Gamaliel Rodriguez & FIIFA
| Union of Nova-Occitania v. Gamaliel Rodriguez & FIIFA | |
|---|---|
 Logo of the Constitutional Commission | |
| Case name | Union of Nova-Occitania v. Gamaliel Rodriguez & FIIFA |
| Charge(s) | Usurpation of public power |
| Judge | Ruben Van Rademeyer |
| Defendants | Gamaliel Rodriguez FIIFA |
| Defense attorneys | Himself |
| Heard by | Provisional Tribunal of the Constitutional Commission |
| Outcome | |
| Conviction of the accused | |
| Rodriguez and FIIFA fined 15,000 diners and given 999-day bans from Nova-Occitania | |
Union of Nova-Occitania v. Gamaliel Rodriguez & FIIFA was a federal criminal court case in Nova-Occitania against Gamaliel Rodriguez, a Mexican micronational politician and head of Persico. Gamaliel Rodriguez was indicted by the Provisional Tribunal of the Constitutional Commission for usurpation of public powers by using the name "Occitania" in an e-sports competition, which the Occitanian Federation of Virtual Football didn't agree to. The case resulted in Rodriguez, alongside FIIFA, being fined 15,000 diners and being given 999-day bans from Nova-Occitania.
Penal procedure
The provisional measures announced by the Constitutional Commission provide three stages in the criminal procedure :
- The investigation carried out by the parties in order to bring to the court evidence of the offenses.
- The accusation phase, the defense response, and a second accusation, conducted between the parties.
- The final verdict of the judge who until now was absent from the proceedings.
Background
Prior to 7 July 2017, Occitania fielded a virtual football team. On that day, the Virtual Sports Act was passed, which prohibited virtual sports if a team was representing Occitania; however, this only applied to the sport. Thus, the team was not dissolved but was not allowed to practce.
Trial
Investigation and charges
On 5 July 2019, following an investigation, members of the Constitutional Commission found that Gamaliel Rodriguez used the Occitanian name in virtual competitions that he organized and played on behalf of the national virtual football team, despite the latter not agreeing to it. The Provisional Tribunal found the application admissible, with Judge Ruben Van Rademeyer being appointed to oversee the case.
Rodriguez was charged with usurpation of public power, given the evidence given by the Commission.
Debates
In response to the charges, Rodriguez, alongside FIIFA, accepted the charges, with FIIFA saying that Nova-Occitania was a member of the association and that, by entering as a member, it yielded its right to image and representation within the assocation.
In the second phase of debates, those representing Nova-Occitania argued the existence of the Virtual Sports Act, stating that the law predated the facts that were first brought up during the investigation; in addition, they stated that Occitania was never a member of FIIFA. In addition, FIIFA was also charged under usurpation of public power as a "moral person".
Verdict
Before publishing his verdict on the case, van Rademeyer gave 5 days for Rodriguez and FIIFA to prove Occitania was a member of the organization and that it had waived its rights of image and representation through contract.
Once the 5-day period expired, Van Rademeyer released his verdict, which convicted the two; both were fined 15,000 diners, with Rodriguez being banned from entering Nova-Occitania for 999 days and FIIFA being banned from operating in Nova-Occitania for 999 days.