THE CROWN v. CARRION

14th of Sigismund’s End, 1839

THE CROWN,

Represented by THUCYDIDES MELPHESTAUS of the MINISTRY OF JUSTICE,

DESIRES TO SUMMON THE FOLLOWING PARTY TO COURT;

ILYA CARRION

ON THE BASIS OF THE FOLLOWING PRINCIPLE(S), DOCTRINE(S), EDICT(S) OR ARTICLES OF LAW:

204.01A- Where an individual commits acts with the intent to compromise the integrity of the Crown and its constituent institutions by waging insurrection and seeking the destruction of the Imperial State by impugning the character and person of the Crown through subversive means such as collusion with enemy entities and actors against the State, this shall be the crime of treason.

202.02B- Where an individual intentionally commits upon another an unlawful act of violence which brings about lasting but not permanent injury, incapacitates for any length of time, or utilizes a dangerous weapon, this shall be battery of the second degree, a misdemeanor.

202.04B- Where an individual intentionally and with premeditation causes the death of another, this shall be murder in the first degree, a felony.

209.03A- Where an individual actively attempts, but fails to commit, a crime, the individual shall be held liable with a mitigated punishment according to the crime which was attempted.

Oren Revised Code, 202 ‘Injury Against the Person’

Oren Revised Code, 209 ‘On Inchoate Offenses’

Accused lured the Archchancellor to stand in front of the Bastion, to then be fired at by two other accomplices.

WITH THE PRESENCE OF THE FOLLOWING RELEVANT PARTY OR PARTIES:

ARCHCHANCELOR DRASUS DeNUREM

IMPERIAL GENERAL ERIK VAR RUTHERN

ON THE DESIRED DATE OF:

15TH OF SIGISMUND’S END, 1839

YOURS HUMBLY,

THUCYDIDES MELPHESTAUS on behalf of THE CROWN,

MINISTRY OF JUSTICE, BASRID CIRCLE COURTHOUSE, PROVIDENCE

Salve#3641

THE IMPERIAL COURTS

The Imperial Courts are a system by which the Emperor's justice is administered. The Courts are empowered by the Emperor's authority to rule on all cases throughout the Empire, divided into Circuits and the Supreme Court. Here, we shall detail the functions of the Court and its structure.

I. The Supreme Court

 (a.k.a The Halcourt Court 1813-present)

The Crown v. Carrington, 1753.

The Supreme Court is a triarchy of judges and the highest court in the realm. Supreme Court Justices are usually veteran justices, and are nominated by the Imperial Crown with Diet confirmation. 

The Supreme Court’s primary functions are as a court of judicial review, and an appellate court.

The Supreme Court’s judicial review is a process by which the Supreme Court resolves conflicts that do not necessarily have a plaintiff and defendant.  In order to initiate judicial review, the Court must achieve a simple majority vote. 

The Supreme Court is the appellate court of the Imperial Courts, whose verdicts are rendered by a simple majority on each charge presented. The Supreme Court also must elect to accept an appeal by a simple majority vote. Each Supreme Court Justice may also issue warrants for search, arrest and enhanced interrogation methods.

Supreme Court Justices

Chief Justice, Baron Olivier A. Halcourt

Associate Justice, Geoff Turgon

Associate Justice, Farooq B. Gray

II. The Circuit Courts

Judiciary aspirants assembling for their interviews with Vice Chancellor Joachim Haas, 1745.

The Circuit courts are the lowest level of the Courts, handling most cases in the Empire. Judges of this court are appointed by the Imperial Crown with Diet confirmation. Their rulings may be appealed to the Supreme Court. They may also issue warrants for search, arrest, and enhanced interrogation methods.

Circuit Court Judges

 Judge, Simon Bastille

Judge, Owyn O’Ceartas

Judge, Tanith Vursur

Judge, Prince Philip Aurelian

III. Court Proceedings

A Chelovek rebel being tortured with a legally issued Court warrant, 1748.

INVOKING THE COURT

Subpoena; a document filed by the Imperial Government  to the Imperial Courts. A Circuit Court Judge may assign themselves any subpoena that falls under their jurisdiction, or otherwise the Supreme Court may assign a justice to a case under that justice’s jurisdiction.

Petition for Summons; a document filed by a subject of the Empire to the Imperial Courts. Filed when and if any subject of the Empire (the Plaintiff) believes their rights or liberties have been infringed by another subject or office (the Defendant) of the Empire. This includes the Imperial Government.

Request for Judicial Review; the document necessary to request that the Supreme Court enact its powers of judicial review upon the requestee’s described dispute. Judicial review does not require a trial but the Court may call for a hearing on the matter. The Supreme Court accepts a request for judicial review by a simple ⅔ majority.

Request for Appeal; the document necessary to request an appeal to a ruling made by any single justice. The Supreme Court elects whether to accept an appeal by a simple ⅔ majority.

ATTENDANTS OF THE COURTROOM

Justice, Judge; the master of the Courtroom, and deliverer of the Emperor’s justice. They determine the sentence of the accused. In a Supreme Court case, all three justices collaborate on both the verdict and the sentence, and determine them by a ⅔ majority vote.

Plaintiff; the one who accuses another of a crime and brings charges against them. They may have solicitors to help prosecute the case, but it is not an unalienable right.

Defendant; the one accused of a crime with charges brought against them. They may have solicitors to help with their defense, but it is not an unalienable right.

Solicitor; legal counsel set to either assist the plaintiff or the defendant based on their expertise on law. There are no restrictions on who can be a solicitor. It is not required that one has a solicitor, nor is it an unalienable right to have one.

Jury; a body that, in circuit court cases, renders a verdict by simple majority. The determination of whether or not a jury is necessary is up to the master of the courtroom. A jury can consist of no less than five, but no more than nine, and must always be an odd number determined by the judge ruling on the case. A jury is selected from the gallery by lottery.

COURTROOM PROCEDURE

1. All rise for the honorable justice, seating themselves when he does.

2. The justice administers the creation of a jury, with a minimum of three jurors but as many as nine, though it must always be an odd number. (if necessary)

3. The jurors are selected by lottery. All potential jurors roll dice, and those with the highest rolls are appointed as jurors. (if necessary)

4. The prosecution presents the charges to the presiding justice.

5. The defense pleads guilty or innocent to the aforementioned charges.

6. The prosecution makes it’s opening statement.

7. The defense makes its opening statement.

8. The prosecution calls its first witness and examines them.

9. The defense cross-examines the first witness.

10. The presiding Justice dismisses the witness.

11. The defense calls the second witness and examines them.

12. The prosecution cross-examines the second witness.

13. The presiding Justice dismisses the witness.

14. The prosecution and defense continue taking turns calling witnesses.

15. This continues until the Justice deems further witnesses unnecessary, or both the defense and prosecution have no more witnesses to call.

16. The prosecution makes its closing statement.

17. The defense makes its closing statement.

18. The Justice orders the jury to a private room to deliberate and render their verdict. (if necessary)

19. The verdict is rendered by a simple majority of the jury on each charge against the defense OR by the Justice.

20. Once the jury has their verdict(s), they privately give them to the Justice. (if necessary)

21. The Justice presents the jury’s verdict or their own, and renders the appropriate sentences.

Issued by the Supreme Court of the Holy Orenian Empire

The Chief Justice 

His Lordship, Baron Olivier A. Halcourt

Associate Justice

The Honorable, Geoff Turgon

Associate Justice

The Honorable, Farooq B. Gray

To Our Beloved Subjects,

Upon the recommendations of the Council of State, We the Crown do hereby nominate and appoint Mister Basileus Baelius of Providence to the Supreme Court. We do hereby designate Justice Farooq Gray as Chairman of the Supreme Court.

We the Crown do hereby appoint Mister George Galbraith as Magistrate for the City of Providence.

We the Crown do hereby appoint Mister Dresden de Wees as Magistrate for the Municipality of New Esbec.

We the Crown do hereby appoint The Rt Hon. The Count of Leuven as Magistrate for the Municipality of Redenford.

We the Crown do hereby appoint Dame Franziska Vimmark KHE as Magistrate for the Municipality of Dobrov.

In testimony whereof, We have hereunto set Our hand and caused Our Great Seal to be affixed.