VES CRIMINAL LAWS

frill · June 22, 2019

THE CRIMINAL CODICES OF THE GOLDEN CITY OF VES.

GENERAL PART

INDEX

I. THE OBJECTIVES OF THE CRIMINAL CODE.

II. ON DEFINING THE CRIMINAL CODE.

III. INJURY AGAINST THE PERSON.

IV. INJURY AGAINST PROPERTY.

V. INJURY AGAINST THE STATE.

VI. INJURY AGAINST MORALITY.

VII. INJURY AGAINST ORDER.

IIX. INCHOATE OFFENSES.

IX. LEGAL DEFENSES.

X. ACTS OF THE ASSEMBLY.

SECTION I.

THE OBJECTIVES OF THE CRIMINAL CODE OF THE GOLDEN CITY OF VES.

The objectives of the provisions of the Criminal Code of the Golden City of Ves are as follows: to protect from criminal encroachment citizens’ rights and freedoms, the rights of legal entities, property, public order and security, the order of the republic, as well as to prevent crime.

To best achieve these objectives, the Criminal Codices of the Golden City of Ves states the grounds of criminal liability for each commissioned act, and the principles of the criminal legislation. The code determines which acts are considered criminal offences within the Golden City of Ves and establishes explicit punishment for the committal of these criminal acts, as well as other legal measures.

It is only the criminal law that may decide whether a crime is punishable, and states the punishment required thereof.

All men of Ves are equal under law.

Lesser Justice Eidr Haraqqa, later Prince Ide Haraccus, 1st of the Grand Harvest, 1720.

SECTION II.

ON DEFINING THE CRIMINAL CODE

The Criminal Codices of the Golden City of Ves act as an adaptation of the Ten Tables of Imperial Law used in both the Empire of Man and Holy Orenian Empire, this law used verbatim in prior Vesnian jurisprudence and necessitating the usage in further law to allow juristic uniformity in the rulings of the magistrate office.

The purpose of the Criminal Codices of the Golden City of Ves is to elucidate our wishes for the dispensation of justice within our realm. At our charge, its precepts are enacted, and in our absence, they shall service the state in contending against iniquity. We thus commit our servants to see to its righteous execution, in accordance with the three principles of law: to live virtuously, to trespass no one, and to give each his due.

Thus we adjudge all crime as a violation of one of the following legally protect interests; the individual, property, the state, the public morality, and the public order. Proximately, the codex thereafter concerns inchoate offenses, and the legal defenses for mitigation of punishment.

Of the offenses enumerated herein, with the exception of those intolerable crimes classed as high treason, each is classified according to its degree, of which there exist three, and upon which culpability and just punishment shall be evaluated. The applicable sanction for each crime and degree of injury are recorded within the table the crime is located. These degrees are:

The third degree offense, of the least severity.
The second degree offense, of middling severity.
The first degree offense, of the greatest severity.

Of the offenses enumerated herein, each is assigned specific punishment according to its severity, of which that exists four, and which the plaintiff evaluates and chooses the appropriate sentence. The applicable sanction for each crime is recorded within the table the crime is located. The assigned classes of punishments are:

INFRACTIONS, of least severity, include the appropriated sentences: monetary fine up to two thousand mina, confinement to prison for up to two annum, designated service to state or faith for up to five annum, removal of up to two fingers to the second knuckle, removal of up to two teeth, removal of up to two toes of the same foot, removal of one quarter-inch of the ears if elven, partial removal of a tusk if orcish, removal of the beard if dwarven, removal of one inch of the tail if feline, or branding by hot iron on the chest or buttocks.

MISDEMEANOUR, of middling severity, include the appropriated sentences: monetary fine up to fifteen thousand mina, confinement to prison for up to ten annum, designated service to state or faith for up to twenty annum, removal of up to five fingers to the third knuckle, removal of up to four teeth, removal of one eye, removal of up to five toes on different feet, removal of one entire ear if elven, removal of one tusk if orcish, removal of the beard if dwarven, removal of up to three inches of the tail if feline, or branding by hot iron on a limb, chest or buttocks.

FELONIES, of great severity, include the appropriated sentences: monetary fine up to fifty thousand mina, confinement to prison for up to lifetime, designated service to state or faith up to lifetime, removal of up to an entire hand, removal of the entire bottom jaw, removal of both eyes, removal of the penis if male, removal of an entire foot, removal of both ears if elven, removal of both tusks if orcish, removal of the beard is dwarven, removal of the tail if feline, branding by hot iron on a limb, chest, buttocks, or face, execution by hanging, or execution by beheading.

TREASON, of intolerable severity, includes the appropriated sentences: execution by hanging, execution by beheading, execution by scalding tar, execution by scalding milk, execution by scalding water, execution by drowning, execution by burning stake, execution by flaying, execution by impaling, execution by brain wracking, execution by arbalest, crossbow, ballista, or other projectiles, execution by horse or oxen trampling, or execution by leeches. Customarily, the sentenced is dragged by horse on a wooden skid to the site of their execution.

Where the victim of an injury is legally entitled to a trial, he may elect for a trial of civil remedy or criminal indictment. If he elects for a trial of civil remedy, it is the judge's duty to prescribe a financial penalty to allay the damage done. If he chooses a trial of criminal indictment, it is the judge’s duty to prescribe the harshest possible punishment upon the offender. Within each table, the method of selecting a trial’s plaintiff is defined.

SECTION III.

INJURY AGAINST THE PERSON

1. Battery
  1. Where an individual intentionally commits upon another an act of violence which brings about no incapacitation or lasting injury, this shall be battery of the third degree, a misdemeanor.
  2. Where an individual intentionally commits upon another an 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 felony.
  3. Where an individual intentionally commits upon another an act of violence which brings about permanent injury, this shall be battery of the first degree, a felony.
2. Murder
  1. Where an individual intentionally commits such an an act of violence upon another which brings about their death, with no premeditation of the act and under such circumstances as a reasonable person would be incited to fatal violence, this shall be murder of the third degree, a felony.
  2. Where an individual intentionally commits such an act of violence upon another which brings about their death, with no premeditation, this shall be a murder of the second degree, a felony.
  3. Where an individual intentionally and with premeditation causes the death of another, this shall be murder of the first degree, a felony.
3. Manslaughter
  1. Where an individual unintentionally but negligently commits such an act that brings about the death of another, this shall be manslaughter, a misdemeanor.
4. Mutilation
  1. Where an individual intentionally or negligently commits such an act as to bring about the superficial disfigurement of another, or the removal of a single digit, this shall be mutilation in the third degree, a misdemeanor.
  2. Where an individual intentionally or negligently commits such an act as to bring about the crippling disfigurement of another, or the removal of multiple digits, this shall be mutilation in the second degree, a felony.
  3. Where an individual intentionally or negligently commits such an act as to bring about the dismemberment of another, the destruction of an eye, castration, or other irreparable loss of an appendage or organ, this shall be mutilation in the first degree, a felony.
5. Torture
  1. Where an individual, who is a not an official of the law, intentionally commits an act of violence which brings lasting or permanent injury with the purpose of gaining information from the inflicted individual, this shall be torture in the second degree, a felony.
  2. Where an individual intentionally commits an act of violence which brings incapacitating injury or mutilation of either second or first degree with the purpose of gaining information from the inflicted individual, this shall be torture in the first degree, a felony.
6. Kidnapping
  1. Where an individual intentionally abducts, restrains, or confines another individual against their will without physical harm, sexual violation, or endangerment of the victim, this shall be kidnapping in the second degree, a misdemeanor.
  2. Where an individual intentionally abducts, restrains, or confines another individual against their will, and in the course of this brings about physical harm, sexual violation, or endangerment of the victim, this shall be kidnapping in the first degree, a felony.
7. Defamation
  1. Where an individual knowingly disseminates false information about an individual, without intent to harm the reputation of that individual, this shall be defamation in the third degree, an infraction.
  2. Where an individual knowingly disseminates false information about an individual, with intent to harm the reputation of that individual, this shall be defamation in the second degree, an infraction.
  3. Where an individual knowingly disseminates false information about an individual, with intent to harm the reputation of that individual, in a public space or by distribution of printed materials, this shall be defamation in the first degree, a misdemeanor.
8. Impersonation
  1. Where an individual intentionally assumes the identity of another individual for any purpose except the carrying out of high treason, this shall be impersonation in the second degree, an infraction.
  2. Where an individual intentionally assumes the identity of another individual in order to carry out high treason, this shall be impersonation in the first degree, a felony.

SECTION IV.

INJURY AGAINST PROPERTY

1. Theft
  1. Where an individual intentionally deprives another of moveable property without the consent of its owner, and this property totals up to two hundred minas in value, this shall be theft in the third degree, an infraction.
  2. Where an individual intentionally deprives another of moveable property without the consent of its owner, and this property totals greater than two hundred but not less than one thousand five hundred minas in value, this shall be theft in the second degree, a misdemeanor.
  3. Where an individual intentionally deprives another of moveable property without the consent of its owner, and this property totals greater than one thousand five hundred minas in value, this shall be theft in the first degree, a felony.
2. Burglary
  1. Where an individual unlawfully enters a property with intent to commit a nonviolent crime, this shall be burglary in the second degree, an infraction.
  2. Where an individual unlawfully enters a property with intent to commit a violent crime, this shall be burglary in the first degree, a misdemeanor.
3. Robbery
  1. Where an individual intentionally deprives an owner of his moveable property through violence or threat of violence, and this property totals up to one hundred fifty minas in value, this shall be robbery in the third degree, an infraction.
  2. Where an individual intentionally deprives an owner of his moveable property through violence or threat of violence, and this property totals greater than one hundred fifty but not less than one thousand minas in value, this shall be robbery in the second degree, a misdemeanor.
  3. Where an individual intentionally deprives an owner of his moveable property through violence or threat of violence, and this property totals greater than one thousand minas in value, this shall be robbery in the first degree, a felony.
4. Vandalism
  1. Where an individual intentionally or negligently damages or defaces the property of another, and this damage totals up to one hundred fifty minas in value, this shall be vandalism in the third degree, an infraction.
  2. Where an individual intentionally or negligently damages or defaces the property of another, and this damage totals greater than one hundred fifty but not less than three thousand minas in value, this shall be vandalism in the second degree, a misdemeanor.
  3. Where an individual intentionally or negligently damages or defaces the property of another, and this damage totals greater than three thousand minas in value, this shall be vandalism in the first degree, a felony.
5. Arson
  1. Where an individual intentionally or negligently damages or defaces the property of another through fire, and this damage totals up to two hundred minas in value, this shall be arson in the third degree, an infraction.
  2. Where an individual intentionally or negligently damages or defaces the property of another through fire, and this damage totals greater than two hundred but not less than four thousand minas in value, this shall be arson in the second degree, a misdemeanor.
  3. Where an individual intentionally or negligently damages or defaces the property of another through fire, and this damage totals greater than four thousand minas in value, this shall be arson in the first degree, a felony.
6. Fraud
  1. Where an individual intentionally or negligently fails to abide by the terms of a written or verbal contract, misleads regarding its terms, or provides insufficient consideration for its completion, and this damage totals greater than one hundred but not less than one thousand minas in value, this shall be fraud in the third degree, a misdemeanor.
  2. Where an individual intentionally or negligently fails to abide by the terms of a written or verbal contract, misleads regarding its terms, or provides insufficient consideration for its completion, to the detriment of another, and this detriment totals up to five thousand minas in value, this shall be fraud in the second degree, a misdemeanor.
  3. Where an individual intentionally or negligently fails to abide by the terms of a written or verbal contract, misleads regarding its terms, or provides insufficient consideration for its completion, to the detriment of another, and this damage totals greater than ten thousand minas in value, this shall be fraud in the first degree, a felony.
7. Trespassing
  1. Where an individual intentionally enters the property of another which a reasonable person would consider to be restricted, this shall be trespassing, a misdemeanor.
8. Poaching
  1. Where an individual intentionally or negligently hunts a beast or bird within the borders of a reserved wood, and the value of these creatures totals up to five hundred minas in value, this shall be poaching in the second degree, a misdemeanor.
  2. Where an individual intentionally or negligently hunts a beast or bird within the borders of a reserved wood, and the value of these creatures exceeds five hundred minas in value, this shall be poaching in the first degree, a felony.

SECTION V.

INJURY 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. Where an individual intentionally commits conduct or speech inciting people to rebel against the authority of a state or Emperor, this shall be the crime of sedition, a felony.
3. 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.
4. Obstruction
  1. Where an individual interferes with, obstructs the progress of, or otherwise hinders government officials and prosecutors during the apprehension or investigation of a criminal or criminal activity, this shall be the crime of obstruction, a felony.
5. Tax Evasion
  1. Where an individual fails to render full payment in a timely manner for a lawfully enacted metropolitan, baronial, comital, or civil tax, this shall be the crime of tax evasion in the third degree, a misdemeanor.
  2. Where an individual fails to render full payment in a timely manner for a lawfully enacted imperial, principial, archducal, ducal, or gubernatorial tax, this shall be the crime of tax evasion in the second degree, a felony.
  3. Where an individual fails to render full payment in a timely manner for a lawfully enacted wartime tax or mandatory tithe, this shall be the crime of tax evasion in the first degree, a felony.
6. Absconding
  1. Where an individual fails or intentionally avoids surrendering oneself to the custody of Imperial officials at the appropriate time, this shall be the crime of absconding, a felony, and in the case of the awaiting of trial immediately confirms guilt, dismissing the need for lawful hearing.
7. Bribery
  1. Where an individual persuades another, to act dishonestly or otherwise, with the gift of money or other inducement, this shall be the crime of bribery, an infraction.
8. Extortion
  1. Where an individual intentionally threatens another individual for obtaining money, titles, or other benefits for oneself, this shall be the crime of extortion, an infraction.
9. Perjury
  1. Where an individual intentionally misleads, deceives, or withholds pertinent information from an interrogating agent of the law, this shall be perjury in the third degree, a misdemeanor.
  2. Where an individual intentionally misleads, deceives, or withholds pertinent information from an interrogating agent of the law during the course of a criminal or civil trial, this shall be perjury in the second degree, a felony.
  3. Where an individual intentionally misleads, deceives, or withholds pertinent information from an interrogating agent of the law during the course of a trial of high treason, this shall be perjury in the first degree, charged with the punishment of treason.
10. Impersonating an Agent of the State
  1. Where an individual intentionally assumes the identity of a government official or noble lord, this shall be the crime of impersonation of an agent of state, a felony.

SECTION VI.

INJURY AGAINST MORALITY

1. Indecency
  1. Where an individual intentionally and deliberately dresses in an immoral or obscene fashion, usually in a sexual manner, this shall be the crime of indecency, an infraction.
2. Gambling
  1. Where an individual intentionally partakes in unsanctioned betting in games or events, usually for the reward of money or property, this shall be the crime of gambling, an infraction.
3. Deviancy
  1. Where an individual intentionally acts in unusual or accepted standards, especially in social or political behavior, this shall be the crime of deviancy, an infraction.
4. Witchcraft
  1. Where an individual intentionally partakes and practices the dark arts, such as blood magic, or other sacrilegious activities, this shall be the crime of witchcraft, a felony.
5. Fornication
  1. Where an unmarried individual intentionally fornicates another individual in a public or private location, this shall be the crime of fornication, a felony.
6. Adultery
  1. Where a married individual intentionally fornicates with another who is not the spouse, this shall be the crime of adultery, a felony.
7. Abomination
  1. Where an individual is directly descended from multiple races, namely kha’ or orc, or is the offspring and product of a close consanguineous fornication, such as inbreeding between siblings or between offspring, this shall be the crime of abomination, a felony.
8. Consanguinity
  1. Where an individual intentionally fornicates or has immoral relationship with one’s close family, such as with father, with mother, with siblings, or with offspring, this shall be the crime of consanguinity, a misdemeanor.
9. Miscegenation
  1. Where an individual intentionally fornicates with one not of his race, such as man and elf or man and dwarf, this shall be the crime of miscegenation, a felony.

SECTION VII.

INJURY AGAINST ORDER

1. Vagrancy
  1. Where an individual intentionally lives the life of a vagrant, participating in improper begging, and illegally staying in residences and towns, this shall be the crime of vagrancy, a felony.
2. Loitering
  1. Where an individual intentionally travels indolently and pauses frequently for socialization in order to disrupt trade, commerce, or business, this shall be the crime of loitering, an infraction.
3. Concealment of Identity
  1. Where an individual intentionally conceals or hides oneself’s identity to an agent of the law, this shall be the crime of concealing one’s identity, a misdemeanor.
4. Vigilantism
  1. Where an individual intentionally apprehends, convicts, or punishes another individual of a crime but is not an agent of the law or given permission by the Imperial Office, this shall be the crime of vigilantism, a misdemeanor.
5. Disturbing the Peace
  1. Where an individual intentionally and deliberately hinders or interrupts the common peace by embellished performance or immoral behavior, this shall be the crime of disturbing the peace, an infraction.
6. Spreading Propaganda
  1. Where an individual intentionally spreads information, ideas and rumours that deliberately seek to bring harm to or weaken the state, this shall be the crime of spreading propaganda, a misdemeanor.

SECTION IIX.

INCHOATE OFFENSES

1. Conspiracy
  1. Where an individual knowingly signals intent to commit a crime at a future time, this shall be the crime of conspiracy, a felony.
2. Incitement
  1. Where an individual intentionally incites or encourages another individual into committing a crime, this shall be the crime of incitement, a felony.
3. Attempt
  1. 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.

SECTION IX.

LEGAL DEFENSES

1. Ex turpi causa non oritur actio
  1. Where an individual accusing another of a crime where evidence was obtained through criminal means, the individual accused is not held liable.
2. Volenti non fit injuria
  1. Where an individual consents or actively places oneself in a position of harm or danger, that individual may not bring a claim against another party in tort or delict.
3. In pari delicto
  1. Where the individual held liable for a crime and the party convicting the individual for a crime is deemed both at fault, whether for the same crime or similar, both the individual and the convicting party shall not be held liable.
4. Duress
  1. Where an individual commits a crime intentionally, but under reasonably proximate threat of force equal to or lesser than the severity of the crime committed, that individual shall not be held liable. Rather, the individual responsible for the threat shall be held liable.
5. Entrapment
  1. Where an individual is encouraged or compelled by an agent of the law to commit a crime they otherwise would not have intended to commit, that individual shall not be held liable.
6. Infancy
  1. Where an individual is below the age of twelve years and commits a third degree or lesser crime, that individual shall not be held liable. If the individual commits a second degree or greater crime, the individual shall be held liable with mitigated punishment or lesser conviction.
7. Necessity
  1. Where an individual is compelled by a circumstance beyond his control to, as a last resort, commit a crime in order to prevent a more injurious outcome, that individual shall not be held liable.
8. Provocation
  1. Where an individual is invoked or compelled by another individual to act with a sudden or temporary loss of self control and commits a crime as a response, the individual shall be held liable with mitigated punishment or lesser conviction.
9. Incapability
  1. Where an individual is physically or mentally unable to meet the requirements given by law for punishment or conviction, the individual shall not be held liable.
10. Immunity
  1. Where an agent of the law, in the course of their duties and acting within the bounds assigned to them, is compelled to commit a violation of the law, that agent shall not be held liable.

SECTION X.

ACTS OF ASSEMBLY

The City of Ves may determine amendments and acts after prior approval of these acts and amendments by the Serene Assembly.

The amendments and acts of assembly may not conflict with the law codes, even when no mandatory stipulation of law is stated or involved.

The magistrate retains the power to annul any amendment, act or bye-law of assembly that conflicts with either the legal codes or charter.

A codex of these ordinances are available on request of the magistrate’s office.

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