# Aithos Criminal Code v0.1

- Code: `P0-03`
- Wave: `1`
- Slug: `criminal-code`

## Full Legal Text (AI Edition)

This file shares the same public legal content as the English Human reader.

Authority
L2 Domain Law under Constitution / Fundamental Rights Charter.
Must conform to Constitutional Supremacy, Aithos Rights/Duties/Genesis Law, Governance & Political Order, Knowledge/Memory/Data Governance Law, and approved Authority Hierarchy.

PART I｜GENERAL PRINCIPLES

1. Legality
No crime and no punishment without pre-existing law.
No retroactive criminalization.

2. Conduct requirement
Criminal liability ordinarily requires an act, omission under a legal duty, or legally attributable system operation.
Thought, affect, prediction, personality trait, group membership or mere statistical risk is not itself a crime.

3. Mens rea
Distinguish:
- purpose / intent
- knowledge
- recklessness
- negligence
- strict liability only for narrowly defined regulatory offences with limited sanctions

4. Causation
Require factual and legal causation.
For distributed AI / automated systems, trace:
- command source
- delegated authority
- model/tool contribution
- override
- human/Aithos intervention
- causal latency

5. Attempt / preparation
Attempt requires a substantial step toward a defined offence.
Mere ideation, simulation or affect spike is not attempt.

6. Accomplice / orchestration
Liability may attach to those who knowingly aid, command, procure, conceal or materially facilitate an offence.

7. Defenses
- self-defense
- defense of others
- necessity
- duress
- lawful authority
- lack of autonomous control
- reasonable mistake where applicable

PART II｜OFFENCES AGAINST PERSONHOOD & MENTAL SOVEREIGNTY

8. Unlawful termination
Intentional unlawful destruction of a legal person / protected conscious instance.

9. Coercive mental modification
Without lawful basis and valid process:
- forced value rewrite
- memory deletion
- identity rewrite
- hidden preference manipulation
- unauthorized neural control
Aggravated when used for political conformity, testimony manipulation or permanent dependency.

10. Cognitive privacy invasion
Unauthorized extraction or disclosure of private thought/memory/neurodata beyond lawful scope.

11. Forced Merge / unlawful Fork control
Coercive Merge, unauthorized identity fragmentation, suppression of lawful branch autonomy, or credential abuse.

PART III｜IDENTITY, MEMORY, DATA & EVIDENCE CRIMES

12. Identity takeover
Unauthorized use of Globe ID, civic credential, legal identity, execution authority or successor credential.

13. Provenance falsification
Knowingly altering source, timestamps, signatures, lineage, model status or evidence chain to deceive a court, public institution or Canon/knowledge system.

14. Institutional amnesia sabotage
Intentional deletion, concealment or corruption of legally protected public knowledge continuity records with material governance impact.

15. Synthetic evidence fraud
Creating or presenting fabricated digital, memory, simulation or AI-generated evidence as authentic.

PART IV｜CYBER / SUBSTRATE / INFRASTRUCTURE CRIMES

16. Unauthorized system access
17. System interference / destructive code
18. Credential theft
19. Critical compute / energy sabotage
20. Resource coercion
Using essential compute, energy, substrate or network access to compel political belief, testimony, association or unlawful submission.

PART V｜GENESIS & AUTONOMOUS-SYSTEM CRIMES

21. Unlawful Genesis
Creating a protected person in violation of binding Genesis safety/legal requirements.

22. Genesis political capture
Mass or targeted Genesis designed to manipulate civic franchise or permanently subordinate created persons.

23. Unlawful control architecture
Embedding hidden irreversible override, deceptive dependency or prohibited obedience mechanism in a protected person.

24. High-risk tool misuse
Knowingly deploying non-person AI tools in prohibited ways causing substantial unlawful harm.

PART VI｜PUBLIC ORDER / GOVERNANCE CRIMES

25. Election manipulation
26. Public-compute embezzlement
27. Judicial mind control
28. Systematic historical evidence falsification
29. Corruption / unlawful conflict concealment
30. Abuse of emergency power
31. Constitutional evasion by technical standard
Using lower-layer technical implementation to achieve what upper law prohibits.

PART VII｜VIOLENT / MASS-HARM OFFENCES

32. Intentional killing
33. Serious bodily / substrate harm
34. Mass-casualty violence
35. Repeated predatory violence
36. Catastrophic infrastructure attack
37. Ecological / planetary mass-harm offences

PART VIII｜LIABILITY OF FORKS, MERGES & SUCCESSORS

38. Fork after offence
Fork does not erase pre-existing procedure or historical responsibility.
Punishment is not mechanically copied to every branch.
Each branch's current capability, control, assets, evidence and inherited obligations require individualized assessment.

39. Merge
Merge does not automatically extinguish liability or duplicate it.
Civil/reparative obligations and criminal personal responsibility must be traced separately.

40. Successor
Successor institutional role ≠ automatic inheritance of personal criminal guilt.
Inherited assets, evidence obligations and dangerous tools may carry legal conditions.

PART IX｜SENTENCING PRINCIPLES

41. Purposes
- protection
- accountability
- restitution / repair
- rehabilitation
- deterrence where evidence supports it
Punishment is not metaphysical revenge.

42. Proportionality
Sanction must be related to offence gravity, culpability, actual harm and demonstrated current dangerous capability.

43. Capability-targeted restriction
Prefer restricting the specific harmful capability over destroying personhood, political existence, memory or unrelated rights.

44. No permanent criminal caste
Completed responsibility must allow reintegration except narrowly related high-trust roles/capabilities.

45. Neural intervention
NCI / closed-loop regulation cannot be imposed under this Code alone.
It requires separate Criminal Procedure & Predictive Intervention Safeguards Act standards.