8/8🌎A Legal Safeguard for Freedom

Preamble

The Social-Libertarian Movement holds that the statutory safeguarding of freedom constitutes an essential foundation for protecting both individual and collective human dignity. In a free legal order, virtue and freedom form an inseparable unity. True freedom requires that actions which, through unjust enrichment, undermine society’s willingness to perform, diminish its productive capacity, and cause financial harm to uninvolved third parties, must be prevented.

The trade in drugs that cause addiction and severe physical harm, the trade in raw materials obtained through the violation of human dignity during extraction, as well as the trade in and the assertion of claims arising from state debts incurred without a democratic mandate, endanger these foundations. Such actions shift liability and responsibility onto the general public, enable unjust enrichment, and jeopardize the integrity of economic life.

It is therefore necessary and appropriate to counteract these phenomena through clear prohibitions and proportionate criminal sanctions. The present law serves to protect assets, to preserve society’s productive capacity and willingness to perform, and to safeguard a free order in which freedom and responsibility remain interconnected.

Federal Act on the Prohibition of Trade in Drugs, Blood Diamonds, and Unauthorized State Debts (DBUD Act)

The Congress and the Senate resolve as follows:

§ 1. Definitions

(1) For the purposes of this Federal Act, drugs are substances that cause addiction and serious physical harm.

(2) For the purposes of this Federal Act, blood diamonds are gemstones extracted in violation of human dignity.

(3) For the purposes of this Federal Act, authorized state debts are liabilities that were duly incurred by lawful organs in a censorship-free democratic environment that allows for the free and uninfluenced formation of the popular will.

(4) For the purposes of this Federal Act, unauthorized state debts are state debts to which the requirements of paragraph 3 do not apply.

§ 2. Scope

This Federal Act applies throughout the entire territory of the Republic of [...] .

Section 1 – Drugs

§ 3. Prohibition of the Drug Trade
The production and distribution of drugs are prohibited.

§ 4. Penalties for Drug Trafficking

(1) Whoever produces or distributes drugs shall be punished with imprisonment from six months to five years.

(2) Whoever commits the offense under paragraph 1 and thereby causes serious existential harm to those affected shall be punished with imprisonment from one year to ten years.

Section 2 – Blood Diamonds

§ 5. Prohibition of Trade in Blood Diamonds Trade in blood diamonds is prohibited.

§ 6. Penalties for Trade in Blood Diamonds

(1) Whoever trades in blood diamonds in violation of § 5 shall be punished with imprisonment from six months to one year.

(2) If the offense under paragraph 1 involves blood diamonds with a value exceeding one million dollars, the offender shall be punished with imprisonment from one year to five years.

Section 3 – Unauthorized State Debts

§ 7. Prohibition of Trade in Unauthorized State Debts

(1) Trade in unauthorized state debts is prohibited.

(2) For the purposes of paragraph 1, “trade” also includes the assertion of claims arising from unauthorized state debts.

§ 8. Penalties for Trade in Unauthorized State Debts

(1) Whoever trades in unauthorized state debts in violation of § 7 or asserts claims arising from such debts shall be punished with imprisonment from six months to one year.

(2) If the offense under paragraph 1 involves unauthorized state debts with a value exceeding one million dollars, the offender shall be punished with imprisonment from five years to fifteen years.

§ 9. Exculpatory Ground

Criminal liability under § 8 does not apply if the entities to which the debts are attributed have been significantly enriched by the unauthorized state debts.

§ 10. Special Sanctions for Offenses Committed by State Organs

If a state organ commits an offense under § 8 paragraph 2, it shall, in addition to the prison sentence, lose all entitlements to state remuneration connected with the exercise of its office or function. It shall also be jointly and severally liable for the collection of the unauthorized debt.

State organs within the meaning of this provision include, in particular, organs of the supranational institutions, the Federal Government, the federal states, and municipalities, as well as their agents.

§ 11. Entry into Force

This Federal Act enters into force on the day following its promulgation.

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