Union of Nova-Occitania v. Gamaliel Rodriguez & FIIFA

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Union of Nova-Occitania v. Gamaliel Rodriguez & FIIFA
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Case nameUnion of Nova-Occitania v. Gamaliel Rodriguez & FIIFA
Charges(1) Usurpation of public powers
JudgeRuben Van Rademeyer
DefendantsGamaliel Rodriguez
FIIFA
Defense AttorneysHimself
Heard byProvisional Tribunal of the Constitutional Commission
Outcome
Conviction of the accused

Union of Nova-Occitania v. Gamaliel Rodriguez & FIIFA was a federal criminal court case against Gamaliel Rodriguez, a Mexican micronational politician, head of the virtual Persico Micronation. Gamaliel Rodriguez is indicted by the Provisional Tribunal of the Constitutional Commission for Usurpation of public powers. This charge is related to the use made of the name of Occitan micronation in e-sports competition, for which the Occitanian federation of virtual football, a public entity, did not agree. In a second time, the FIIFA (an organization that is responsible for governing the Interactive Football at the Micronationalism) is also accused of the same facts as a moral person.

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 July 7, 2017, Occitania had a virtual football team (Occitania virtual football team). But on that date, a law is passed prohibiting virtual sports if the team represents the whole micronation. This The prohibition applies only to sport game, and de jure, the team is not dissolved, remains public but just no longer allowed to practice.

Trial

Investigation

On July 5, 2019, members of the Constitutional Commission bring to its Provisional Tribunal facts in accordance with the law on the usurpation of public authorities. They accuse Gamaliel Rodriguez of having used the name of Occitanian micronation in virtual competitions organized by him. They have published some screenshots where the name of "Occitanie" is used in sports competitions, playing on behalf of Occitania virtual football team while the latter had not agreed. The court finds the application admissible, it is published and Judge Ruben Van Rademeyer is appointed.

Debates

At first, only Gamaliel Rodriguez is accused of usurpation of public power on the bases exposed in the investigation.

The accused and FIIFA (non-accused at this time of the procedure) responded to this accusation, accepting the de facto this juridical procedure. The latter claim that Occitania was a member of the FIIFA and that at the time of entry as a member, it yielded its right to image and representation to the sports association.

During the second phase of accusation, the representatives of Nova-Occitania argue the existence of the "Virtual Sport Act" which prohibits representing Occitania in a virtual sport, and that this law predates the facts that are alleged against the accused. In addition they add that Occitania has never been a member of FIIFA. Finally, they also launch the charge against the FIIFA as a moral person.

Verdict

Before publishing his verdict, the judge Van Rademeyer leaves 5 days for Gamaliel Rodriguez and FIIFA to prove that Occitania was a member of this organization and to prove that Occitania has signed a contract ceding its rights of image and representation.

Five days later, the accused have not brought evidence, they were convicted of usurpation of public powers by the judge Van Rademeyer, fined 15,000 Diners per accused, to a ban on entry into the territory for 999 days for Gamaliel Rodriguez and a 999-day ban for FIIFA to operate in Nova-Occitania.

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