Compendium of Ashen Law

[The Kingdom of Devirad 8]

 

COMPENDIUM OF ASHEN LAW

The Code of Law, and Punishment be it Civil, Criminal, or Natural

 

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1. Foreward

2. Law, Punishment, and Procedure

3. Arcane Legislature

4. Criminal and Civil Procedure

 

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FOREWARD ON LAW AND ORDER

 

A society does not exist with the twin pillars of both Law and Order, so tied together one cannot speak without mentioned the other. With no Order the Law cannot be enforced and with no Law it is anarchy, chaos, the antithesis of a functioning and productive society and peoples, one which does safeguard and protect the innocent while delivering a swift vengeance against those who would trespass and upset the life of the citizenry.

 

It is by nature the vagabond and selfish seek to skirt or abuse the Law, finding loopholes for the exploitation of their peers and benefit only of themselves. Such leeches on the society ought to be purged and provisions within the Law ought to guarantee their swift punishment is dealt with maximum severity, for there is not a greater crime than the exploitation of the Law, and the malicious degradation of an Order toiled for through blood and sweat.

 

When it becomes apparent the Law no longer provides ample support for Order and the justice of those it was designed to protect, it falls to the citizenry to ensure the law is amended to correct the wrongs, for if they will not protect themselves, they do not deserve protection. Even the sword and shield that are Law and Order will not look after a populace which will not ensure their own justice. It thus becomes imperative that each and every citizen be tasked with the civil duty to look after their friends, family and neighbors.

 

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LAW, PUNISHMENT, AND PROCEDURE

 

1. Punishment and Procedure

   1. On Offenses

      1. Offenses committed, in order to be considered legitimate, must be performed against one of the following partied within the jurisdiction of Devirad and her territories, else it falls to the sovereign of said land to enforce or not. Said parties are the following; person, property, state, the public, and inchoate.

   2. Crimes, save those of the highest order of treason against the state, shall be defined in the following way to better mete out justice and punishment against the proven guilty party

      1. The Third Degree, the least severe, an infraction

      2. The Second Degree, of moderate severity, a misdemeanor

      3. The First Degree, of the greatest severity, a felony

   3. Punishment for each degree of severity is listed and defined for easy reference and quick distribution with no question on what is fair and proper for any specific case and crime.

      1. Of the Third Degree, a fine of up to Two Thousand Mina, the removal of an entire finger, the removal of two rear teeth, removal of two toes on the same foot, ten years service to the state, four years in prison, branding upon the left buttock or left breast, a hexe or curse lasting no more than one year and a half.

      2. Of the Second Degree, a fine up to Fifteen Thousand Mina, thirty years service to the state, the removal of three fingers of one hand, the removal of the top front teeth and two rear teeth, the blinding of one eye, removal of five assorted toes (three on one, two on the other), branding upon the forehead, a hexe or curse to last no more than three years.

      3. Of the First Degree, a fine up to Sixty Five Thousand Mina, a lifetime in prison, a lifetime service to the state, complete removal of the right arm halfway up the forearm, blinding of both eyes, removal of the teeth and tongue, castration both root and stem if male, removal of both feet, removal of nipples via horse and chain, a hexe or curse lasting no more than fifteen years.

      4. Of the punishment concerning High Treason, the most heinous and severe of crimes, execution by any of the following; hanging, beheading, tar and feathering, burning alive, crucifixion, impaling, being pulled by two horses opposite each other, drawing and quartering, drowning, eaten alive by wild animals.

   4. In the event of a Criminal Trial, an offender is entitled to hire a legal representative which may be dismissed at any time by the defendant for failure to properly present them or incompetence. The defendant is responsible for all hiring fees. The presiding State appointed official may also dismiss said legal representative for contempt and charge them with such if appropriate.

   5. In a Civil Trial, the two parties are entitled to hire legal representatives which may be dismissed by the hiring parties for failure to properly represent them or incompetence. Said parties are responsible for any fees.

2. Injury against Person(s)

   1. Assault

      1. When an individual attacks or injures another which brings about no lasting injury, this is assault of the third degree, a misdemeanor

      2. When an individual attacks or injures another with lasting injury, or with a weapon, or magicks, this is assault of the second degree, a felony

      3. When an individual attacks or injures another with permanent damage, assault of the first degree, a felony

   2. Murder

      1. When an individual knowingly takes the life of another with no premeditation and as any reason a person might be coerced or incited to commit a fatal crime, this is murder of the third degree, a felony

      2. When an individual knowingly takes the life of another with no premedation, this is murder of the second degree, a felony

      3. When an individual knowingly takes the life of another with clear premeditation, this is murder of the first degree, a felony

   3. Manslaughter

      1. When an individual takes the life of another without intent or as the result of negligence, this is manslaughter, a misdemeanor

   4. Mutilation

      1. When an individual intentionally or negligently commits the disfigurement or removal of a single toe or finger of another, this is mutilation of the third degree, a misdemeanor

      2. When an individual intentionally or negligently commits the crippling or lasting disfigurement or removal of a multiple toes and/or fingers of another, this is mutilation of the second degree, a misdemeanor

      3. When an individual intentionally or negligently commits the dismemberment or permanent removal of a limb, organ, or appendage of another, this is mutilation of the first degree, a felony

   5. Torture

      1. When an individual, whom is not a sanctioned state official, willingly and knowingly commits acts of permanent or lasting damage to an individual for information or otherwise, this is torture of the second degree, a felony

      2. When an individual, whom is not a sanctioned state official, willingly and knowingly commits acts of permanent or incapacitating  damage to an individual, including acts described in the crime of first, and second degree mutilation for information or otherwise, this is torture of the first degree, a felony

   6. Kidnapping

      1. When an individual intentionally abducts, restrains, or confines another individual against their will without physical harm, or endangerment of the victim, this is kidnapping in the second degree, a misdemeanor.

      2. When an individual intentionally abducts, restrains, or confines another individual against their will with unintentional physical harm, or endangerment of the victim, this is kidnapping in the first degree, a felony

   7. Defamation

      1. When an individual knowingly spreads false information or construes about an individual, without intent to harm the reputation of that individual, this is defamation in the third degree, an infraction.

      2. When an individual knowingly spreads false information or construes about an individual, with intent to harm the reputation of that individual, this is defamation in the second degree, an infraction.

      3. When an individual knowingly spreads false information or construes about an individual, without intent to harm the reputation of that individual, using public space or printed letter, this is defamation in the first degree, a misdemeanor.

   8. Impersonation

      1. When an individual intentionally assumes the identity of another individual for any purpose except committing the crimes of high treason, this is impersonation in the second degree, a felony

      2. When an individual intentionally assumes the identity of another individual for the purpose of committing the crimes of high treason, this is impersonation in the first degree, and considered High Treason in itself

3. Crimes against Property

   1. Theft

      1. When an individual intentionally removes property without the consent of its owner, and this property totals up to five hundred minas in value, this is theft in the third degree, an infraction.

      2. When an individual intentionally removes property without the consent of its owner, and this property totals greater than five hundred mina, up to two thousand mina in value, this is theft in the second degree, a misdemeanor.

      3. When an individual intentionally removes property without the consent of its owner, and this property totals greater than two thousand mina, up to any amount of mina in value, this is theft in the first degree, a felony.

   2. Burglary

      1. When an individual unlawfully, and without consent of the owner, enters a property with the intent to commit a nonviolent crime, this is burglary of the second degree, a misdemeanor.

      2. When an individual unlawfully, and without consent of the owner, enters a property with the intent to commit a violent crime, this is burglary of the first degree, a felony.

   3. Banditry

      1. When  an individual intentionally deprives an owner of his moveable property through violent means or with promise of such, and this property totals up to one hundred fifty minas in value, this is banditry in the third degree, an infraction.

      2. When  an individual intentionally deprives an owner of his moveable property through violent means or with promise of such, and this property totals at least one hundred fifty minas, up to one thousand mina in value, this is banditry in the second degree, a misdemeanor.

      3. When  an individual intentionally deprives an owner of his moveable property through violent means or with promise of such, and this property totals at least one thousand minas, up to any amount of mina in value, this is banditry in the first degree, a felony.

   4. Vandalism

      1. When an individual unintentionally or through negligence defaces public or private property of a sum equaling one hundred and fifty mina, this is vandalism of the third degree, a misdemeanor.

      2. When an individual intentionally, unintentionally or through negligence defaces public or private property of a sum equaling at least one hundred and fifty mina, up to one thousand mina, this is vandalism of the second degree, a misdemeanor.

      3. When an individual intentionally, unintentionally or through negligence defaces public or private property of a sum equaling at least one thousand mina, up to a sum of ant amount of mina, this is vandalism of the first degree, a felony.

   5. Arson

      1. When an individual unintentionally or through negligence sets fire to property, worth any amount of mina, this is arson of the second degree, a misdemeanor

      2. When an individual intentionally sets fire to property worth any amount of mina, this is arson of the first degree, a felony.

   6. Fraud

      1. When an individual unintentionally or negligently fails to abide by the terms of a written or verbal contract, misleads regarding its terms, or fails to meet a deadline of said contract, this is Fraud of the second degree, a misdemeanor.

      2. When an individual intentionally or negligently fails to abide by the terms of a written or verbal contract, misleads regarding its terms, or fails to meet a deadline of said contract, this is Fraud of the first degree, a felony.

   7. Trespassing

      1. When an individual unlawfully and without consent of the owner enters a property considered private, this is trespassing, a misdemeanor.

4. Crimes against the State

   1. Treason

      1. Where an individual knowingly carries out an act of criminal insubordination  or disloyalty intended to subvert the authority of an agent of the state, or commits such an action with intention to harm the state, this shall be treason in the second degree or petty treason, a felony.

      2. Where an individual knowingly aids or abets enemies of the state, participates in armed conflict or espionage against the state, attempts or conspires to the usurpation of the government, or attempts or conspires to murder a member of the imperial government, this shall be treason in the first degree or high treason, punishable only by execution as listed.

   2. Sedition

      1. When an individual willing incites others to commit treason, or rebel against the state and its’ authority through verbal or written means, this shall be sedition, a felony.

   3. Obstruction

      1. When an individual intentionally or unintentionally through negligence prevents the state and its’ appointed officials from investigation, meting out justice, or apprehension of criminals and criminal activity, this is Obstruction, a felony

   4. Tax Evasion

      1. When an individual unintentionally or through negligence fails to pay the levied taxes to the state or any of its lawfully appointed and sanctioned officials, this is Tax Evasion in the second degree, a misdemeanor.

      2. When an individual intentionally fails to pay the levied taxes to the state or any of its lawfully appointed and sanctioned officials, this is Tax Evasion in the first degree, a felony.

   5. Absconding

      1. When an individual fails to surrender to state officials or willingly avoids such at the demanded time, this is absconding, a felony, and as such serves as immediate proof of guilt on all crimes charges and suspected of.

   6. Bribery

      1. When an individual offers a monetary or physical reward or payment for an act of dishonesty, this is bribery, a misdemeanor

   7. Extortion

      1. When an individual uses violence or threat of violence to persuade someone to act dishonestly or in a way they would otherwise act, give money, objects or rewards, this is extortion, a felony.

   8. Perjury

      1. When an individual intentionally withholds pertinent information during an interrogation from an official of the state, this is perjury of the second degree, a felony.

      2. When an individual intentionally withholds pertinent information during an oath testimony during the course of a trial, this is perjury of the first degree, a felony.

   9. Harmed Majesty

      1. When an individual, intentionally, unintentionally, or through simple negligence brings any harm about the Monarch or his family, it shall be Harmed Majesty, High Treason and and punishable only by execution as listed.

   10. State Homicide

       1. When an individual intentionally, unintentionally, or through simple negligence brings death upon a high official of the state, such as a member of parliament, or one of the King’s own advisors, it is State Homicide, a felony.

5. Crimes against the Public

   1. Contraband

      1. Where an individual knowingly possesses illegal substances, literature, or items, this shall be the crime of possession of contraband in the third degree, a misdemeanor.

      2. Where an individual knowingly sells, markets, purchases, or transfers ownership of illegal substances, literature, or items,  this shall be the crime of possession of contraband in the second degree, a felony.

      3. Where an individual knowingly manufactures illegal substances, literature, or items, this shall be the crime of possession of contraband in the first degree, a felony.

   2. Deviancy

      1. When an individual acts or performs in a manner deemed unacceptable by public standards of the norm, this is deviancy, a infraction

   3. Adulery

      1. When a married individual willingly and intentionally breaks the bonds of matrimony and fornicates with another, it is adultery, an infraction

   4. Consanguinity

      1. When an individual knowingly and intentionally fornicates with one’s close family, such as siblings, parents, or offspring, it is consanguinity, a felony.

   5. Concealment of Identity

      1. When ones intentionally hides their identity despite being ordered to reveal themselves by the authorities, it is concealment of identity, a misdemeanor.

   6. Disturbing the Peace

      1. When one intentionally or unintentionally through negligence, upsets the normalcy of the day through immoral, strange, or wild performances, this is disturbing the peace, a misdemeanor.

6. Inchoate Crimes

   1. Conspiracy

      1. When an individual knowingly shows intent to commit crime at any point in the future, it is conspiracy, a felony

   2. Incitement

      1. When an individual attempts to persuade or coerce an individual to commit a crime, this shall be incitement, a felony.

   3. Attempt

      1. When an individual tries to commit a crime but fails, the individual shall be given a mitigated punishment as to the punishment for actually committing said crime.

7. Crimes Maleficar

   1. Defining a Maleficar

      1. One whom is in service to a deity and is given unnatural powers for such.

      2. One who actively uses a deific magic.

      3. One who actively uses a spiritual or shamanistic magic.

      4. One who uses a magic to shape or alter nature.

   2. Aiding a Maleficar

      1. When an individual unintentionally or through negligence gives aid and succor within the border of the State, it is Aiding a Maleficar in the second degree, a felony

      2. When an individual intentionally or through negligence gives aid and succor within the border of the State, it is Aiding a Maleficar in the first degree, High Treason and and punishable only by execution as listed.

   3. Harboring a Maleficar

      1. When an individual unintentionally or through negligence brings a Maleficar into the borders of Devirad without intent to turn them over to authorities, is Harboring a Maleficar in the second degree, a felony.

      2. When an individual intentionally brings a Maleficar into the borders of Devirad without intent to turn them over to authorities, is Harboring a Maleficar in the second degree, High Treason and and punishable only by execution as listed.

   4. Deific Practice

      1. When an individual intentionally or through negligence casts or uses the spells and abilities, or uses objects of a deific origin such as the spells of a Paladin or Cleric, it is Deific Practice, a felony.

 

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AMENDMENTS TO THE LAW

 

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CRIMINAL AND CIVIL PROCEDURE

 

1. Civil Procedure

   1. When an individual finds quarrel or qualm with another, they shall notify the proper authority of said dispute. The aforementioned individual shall become the Plaintiff, while the latter comes the Defendant.

   2. The Plaintiff shall have their case reviewed by an appointed state official who is unbiased and uninvolved in the matter personally.

      1. Appropriate officials will be any members of Parliament or one appointed by the King himself for said duty or duties.

      2. An official can also be temporarily appointed by a member of Parliament in the event the King is not present.

      3. The King may appoint a permanent official to the Office of Justice, whose duty it shall be to preside over Civil Disputes.

   3. A date and time shall be declared in which both Plaintiff and Defendant make their case in a setting open to the public for viewing. Failure to appear without notice and request for reschedule will result in the absent party losing the Dispute, along with a 150 Mina fine.

   4. In the result of a Civil Dispute, the Defendant can request trial by combat, in which they shall, in the presence of the Plaintiff and three witnesses, declare their intent for a trial by combat. The presiding official will be informed of such where he can approve or deny such as per the specifics of the Dispute.

      1. In a trial by combat, neither party will be allowed to kill the other.

      2. Any limbs, appendages, organs, and tissue damaged shall be fixed.

      3. Before combat takes place, the Plaintiff must clearly and plainly determine what he disputes and what he believes ought to be paid to settle such dispute.

         1. It is up to the appointed official to determine what the settlement should be.

2. Criminal Procedure

   1. When an individual violates the law and is apprehended by state authorities or turns themselves in, the rules of Criminal Procedure shall be effected.

      1. An individual who is awaiting a Criminal Trial shall be held by authorities, or may post bail, an amount determined by a state appointed Justice, or the presiding member of Parliament overseeing the case. It shall be returned to the Defendant upon their arrival to the trial.

      2. All trials of Criminal nature are against the State, or Public, with a representative of the state acting as Plaintiff.

      3. The Defendant is entitled to hire their own legal representative but is responsible for their fees and conduct, solely.

   2. During the proceedings of a trial, the Defendant is to be escorted under arms to the court, where they shall take turns addressing allegations laid upon them.

      1. The Defendant shall be read the charges against him, and will then declare if he is innocent or guilty.

         1. If declaring guilty, a sentence will be passed immediately

         2. If declaring innocent, the procedure outlined below will be as follows.

      2. The Defendant may call witnesses to confirm any alibis or to counter allegations made by the Plaintiff. These witnesses may remain anonymous until the events of the trial for safety.

      3. The Plaintiff may call witnesses to confirm any alibis or to counter allegations made by the Defendant. These witnesses may remain anonymous until the events of the trial for safety.

      4. The spouse of the Defendant and their children are not required to testify if asked to by a Plaintiff and persistent questioning of them by the Plaintiff about allegations and charges will render such charges dropped, and the legal representative of the Plaintiff fined up to five hundred mina.

      5. When either party has permission to speak, the opposing party is to remain silent until granted leave to speak. In the event the speaking party is skewing facts or attempting to sway with trial with anything other than fact, the opposing party may call for objection which the Justice will choose to approve or deny.

      6. In the event a party continues to disrupt the peace, in such a way they refuse to be silent when the Justice calls to order, or continually attempt to upset the orderly fashion of the court, they may be charged with contempt, resulting in a recess of the trial to be resumed on another day.

   3. When both the Defense and the Plaintiff have rested, and have declared such openly and on the record, it then falls to the overseeing official to reach a verdict, by it either guilty or innocent of the crimes charged upon the Defendant, and the appropriate punishments for each