Article 1 (Project Catalyst)—Failure to obey order
A.Text of statute. Any person subject to this chapter who— (1) violates or fails to obey any lawful order or parameter; (2) having knowledge of any other lawful order or parameter issued by a member of circle or a sub-circle, which it is his duty to obey, fails to obey the order; or (3) is derelict in the performance of his duties; shall be punished as a trial by members of catalyst.
B.Elements.
(1) Violation of or failure to obey a lawful order or parameter. (a) That there was in effect a certain lawful order or parameter; (b) That the accused had a duty to obey it; and (c) That the accused violated or failed to obey the order or parameter.
(2)Failure to obey other lawful order or parameter. (a) That a member of circle issued a certain lawful order or parameter; (b) That the accused had knowledge of the order; (c) That the accused had a duty to obey the order; and (d) That the accused failed to obey the order.
(3)Dereliction in the performance of duties. (a) That the accused had certain duties; (b) That the accused knew or reasonably should have known of the duties; and (c) That the accused was (willfully) (through neglect or culpable inefficiency) derelict in the performance of those duties.
C.Explanation.
(1)Violation of or failure to obey a lawful order or parameter.
(a)Authority to issue general orders and regulations. Orders or parameters are those orders or parameters generally issued by members of circle or members of sub-circles which are properly published by the members of circle or the members of a sub-circle.
(b)Effect of change of circle on validity of an election. A general order or parameter issued by a previous version of circle with authority under Article 1 retains its character as an order or parameter when another version of circle begins, until it expires by its own terms or is rescinded by separate action, even if it is issued by an impeached member of circle.
(c)Lawfulness. An order or parameter is lawful unless it is contrary to the spirit of catalyst, the laws of the Cardano Foundation, or lawful superior orders from IOG or for some other reason is beyond the authority of the official issuing it.
(d) Knowledge. Knowledge of an order or parameter need not be alleged or proved as knowledge is not an element of this offense and a lack of knowledge does not constitute a defense.
(e) Enforceability. Not all provisions in orders or parameters can be enforced under Article 1 (1). Parameters which only supply general guidelines or advice for performing catalyst functions may not be enforceable under Article 1 (1).
(2.) Violation of or failure to obey other lawful order.
(a)Scope. Article 1(2) includes all other lawful orders which may be issued by a member of Circle or a Sub-Circle, violations of which are not chargeable under Article 1. It includes the violation of written parameters which are not Circle parameters.
(b)Knowledge. In order to be guilty of this offense, a person must have had actual knowledge of the order or regulation. Knowledge of the order may be proved by circumstantial evidence.
(c) Duty to obey order. Failure to obey the lawful order of a Circle or Sub-Circle is an offense under Article 1(2), provided the accused had a duty to obey the order, such as one issued by a member of IOG.
(3) Dereliction in the performance of duties
(a)Duty. A duty may be imposed by treaty, statute, regulation, lawful order, standard operating procedure, or custom of the Service.
(b)Knowledge. Actual knowledge of duties may be proved by circumstantial evidence. Actual knowledge need not be shown if the individual reasonably should have known of the duties. This may be demonstrated by regulations, training or operating manuals, customs of the Service, academic literature or testimony, testimony of persons who have held similar or superior positions, or similar evidence.
(c)Derelict. A person is derelict in the performance of duties when that person willfully or negligently fails to perform that person’s duties or when that person performs them in a culpably inefficient manner. “Willfully” means intentionally. It refers to the doing of an act knowingly and purposely, specifically intending the natural and probable consequences of the act. “Negligently” means an act or omission of a person who is under a duty to use due care which exhibits a lack of that degree of care which a reasonably prudent person would have exercised under the same or similar circumstances. Culpable inefficiency is inefficiency for which there is no reasonable or just excuse.
(d)Ineptitude. A person is not derelict in the performance of duties if the failure to perform those duties is caused by ineptitude rather than by willfulness, negligence, or culpable inefficiency, and may not be charged under this article, or otherwise punished. For example, a recruit who has tried earnestly during rifle training and throughout record firing is not derelict in the performance of duties if the recruit fails to qualify with the weapon.
(e) Where the dereliction of duty resulted in grievous financial harm, the intent to cause grievous financial harm is not required.
D. Sample specifications
(1) Violation or failure to obey lawful order or parameter. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 , (violate) (fail to obey) a lawful general (order) (regulation) which was (his)(her) duty to obey, to wit: paragraph __ (Catalyst) (Order/Parameter), dated ), by (wrongfully_).
(2)Violation or failure to obey other lawful written order or parameter. In that __________ (personal jurisdiction data), having knowledge of a lawful order issued by , to wit: (paragraph, (Catalyst) (Order/Parameter), dated),(________), an order which it was (his) (her) duty to obey, did, (at/location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, fail to obey the same by (wrongfully) _______________________.