Lex Kaedreni

[Mirtok 2853]

The Lex Kaedreni

Imperial State Army legal mandates and court martial procedures

 

 

All members of the Imperial State Army are beholden to an internal legal system referred to as the Lex Kaedreni (LK). Additionally, each soldier is beholden to the laws and legal system established in their local area with regard to actions not covered by the LK. The local area is defined as the physical location in which actions are committed. The laws of the local area become relevant only while the member commits actions in said local areas. However, at all times, the LK exerts legal authority on all ISA members at all times, in all locations, while serving in an active capacity. The ISA retains the right to court martial its members for crimes committed according to the LK against the military in lieu of civilian courts prosecution. Additionally, the ISA may choose to have its members face a court martial as well as turn them over for further legal prosecution in civilian courts.

 

Court Martials

A court martial is the internal military court process for delivering military justice for offenses detailed in the list of Imperial Military Mandates by its members. It is a tool of the military command structure to determine the guilt of the accused and decide on the due punishment as a result of the findings. The members who preside as the judgement authority during a court martial shall only consist of active military service members of common organizational membership. The following shall outline the types of court martials that may be conducted.
 

Sergeants Board:
A Sergeants Board may be called when the accused is still a recruit or of the lowest military rank. It’s primary purpose is to resolve minor offenses and be used as an administrative tool for delivering justice and promoting discipline. A sergeants board shall consist of a panel of three military personnel of the Enlisted category; two of which must be the rank of sergeant, and the third of Corporal or above. A Sergeants Board may issue punishments proportional to the offended mandate up to but not to include discharge from military service.

 

Summary Court Martial:
A Summary Court Martial may be called on any military member of the rank Lieutenant or below. It’s primary purpose is to resolve minor to moderate offenses and be used as an administrative tool for delivering justice and promoting discipline. A Summary Court Martial shall consist of a panel of three military personnel. If the accused is of the Enlisted category the panel shall include at least one Enlisted member of the rank Corporal or above. If the accused is of the Officer category, the panel shall consist of only Officers. A Summary Court Martial may issue punishments proportional to the offended mandate up to and to include discharge from military service.

 

General Court Martial:
A General Court Martial may be called on any military member in the Imperial military. It’s primary purpose is to resolve major offenses or when the offender is of the rank Captain or above. A General Court Martial shall consist of a panel of five military personnel, all of which must be officers. One seat must be filled by a Colonel or above, and two seats must be filled by a Captain or above. A General Court Martial may issue punishments proportional to the offended mandate up to and to include the death penalty.

 

Special Court Martial:
A Special Court Martial may be called on any military member in the Imperial Military. It’s primary purpose is to resolve all offenses by an offender of any rank in the most concise manner possible. A Special Court Martial is seated by the 1st Order General or above. A Special Court Martial may issue punishments proportional to the offended mandate up to and to include the death penalty. A Special Court Martial may occur even after the findings of previous court martials with the new findings superseding the former.
 

Punitive Mandates

The following mandates are to be the punitive actions worthy of a court martial

 

Indirect Criminal Mandates

 

Mandate 1 – Criminal Association

M1.1 – Where an individual maintains personal connections or relationships with an offender or enemy entity and is deemed to have aided or abated an offense. The individual shall be held liable with a mitigated punishment according to the crime which was committed.

 

Mandate 2 – Criminal Accessory

 

M2.1 – Where an individual is aware that an offense has been committed, benefits from the offense, or assists the offender in order to hinder or prevent apprehension, trial, or punishment. The individual shall be held liable with a mitigated punishment according to the crime which was committed.

 

Mandate 3 – Criminal Attempt
 

M3.3 – 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.

 

Mandate 4 – Criminal Incitement
 

M4.1 – Where an individual intentionally incites or encourages another individual into committing a crime, this shall be the crime of incitement, and is subject to the same class of punishment of the crime which incitement is caused for.

 

Mandate 5 – Criminal Conspiracy
 

M5.1 – Where an individual knowingly signals intent to commit a crime at a future time, this shall be the crime of conspiracy, and is subject to the same class of punishment of the crime which conspiracy is caused for.
 

Duty and Good Order Mandates

 

Mandate 6 – Malingering
 

M6.1 – Where an individual feigns illness, physical disablement, mental lapse, or mental derangement; or intentionally inflicts self-injury in order to avoid assigned duties or shirk important service.

 

Mandate 7 – Absent without Leave (AWOL)
 

M7.1 – Where an individual is in dereliction of duty from an assigned duty location, or fails to appear at an assigned duty location at the prescribed time, or intentionally misses military movements to preclude themselves from a particular duty.

 

Mandate 8 – Desertion
 

M8.1 – Desertion, defined as the unauthorized exit from a military unit or place of military activity with the intent of evading service to the military indefinitely. When an individual quits their unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service. Or when they join another military organization without proper separation or disclosure with their original service.

 

Mandate 9 – Fraternization

 

M9.1 – Where an individual engages in an unprofessional relationship with a subordinate, whether pursued on or off duty. When the relationship detracts from the authority of the superior or disrupts the good order of the organization. The appearance of an unprofessional relationship can occur between officers, enlisted, or a mix of the two. An unprofessional relationship is one that creates the perception of favoritism, misuse of position, or abandonment of organizational doctrine or goals for personal interests.

 

M9.2 – Where an individual of superior rank engages in a romantic relationship with a subordinate that is within ther direct chain of command.

 

M9.3 – Where an individual of superior rank engages in an unprofessional relationship of any kind with a subordinate of Cadet or Recruit. Individuals while serving as a Cadet or Recruit are prohibited from engaging in any form romantic activity or interests with other members of the military.

 

M9.4 – When the relationship between two individuals can be determined to have been formed, officiated, and legitimized prior to violating the preceding mandates, the persons may not be charged with Fraternization.

 

Mandate 10 – Contempt and Disrespect
 

M10.1 – Where an individual uses contemptuous language or displays profound disrespect against someone of senior rank, towards the Imperial military organization, towards the Imperial government, towards members of the Imperial Council, or towards the Emperor and the Royal Family.
 

M10.2 – Where an individual makes disloyal statements against the Imperial Military or the Imperium.

 

Mandate 11 – Insubordination and Failure to Obey
 

M11.1 – Where an individual willfully disobeys a direct order from someone of senior rank and authority.
 

M11.2 – Where an individual violates or fails to obey a general order or regulation or is derelict in the performance of his duties.

 

Mandate 12 – Mutiny and Sedition
 

M12.1 – Mutiny: Where an individual usurps or overrides lawful military authority and compels others to obey.
 

M12.2 – Sedition: 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.
 

M12.3 – Where an individual fails to prevent/suppress mutinous or seditious activity to their utmost ability, or fails to inform on mutinous/seditious activity.

 

Mandate 13 – Undue Surrender and Misbehavior Before the Enemy
 

M13.1 – Where an individual intentionally and shamefully abandons, surrenders, or gives up to the enemy their post, command, comrades, or resources they are assigned to defend.
 

M13.2 – Where an individual displays cowardice in the line of duty, casts away their weapons, sows terror and dissent, or endangers their comrades through inaction.
 

M13.3 – Where an individual intentionally fails to seek, engage, capture, or kill the enemy to their utmost ability.
 

M13.4 – Where an individual intentionally fails to relieve or assist their comrades or allies engaged in combat when commanded.
 

M13.5 – Where an individual performs uncommanded actions against enemy civilians.

 

Clandestine Activity Mandates

 

Mandate 14 – Espionage, Sabotage, and Aiding the Enemy
 

M14.1 – Espionage: Where an individual conducts surveillance, counter-surveillance, reconnaissance, information aggregation, propaganda, or implantation for the enemy against the Imperial military.
 

M14.2 – Sabotage: Where an individual damages, alters, obscures, hinders, or destroys documents, evidence, resources, weapons, or structures for the enemy against the Imperial military.
 

M14.3 – Where an individual procures, steals, or sells Imperial documents, resources, or weapons for the enemy against the Imperial military. As well as conceals, harbors, or protects the enemy in any form.

 

Mandate 15 – False Statements, Forgery, and Perjury
 

M15.1 – Where an individual makes a false statement, false recount of events, false accusation, or false report.
 

M15.2 – Forgery: Where an individual creates non-genuine documents or pieces of evidence as a means to create a false narrative or false accusation.
 

M15.3 – Perjury: Where an individual upon a lawful oath, gives any false testimony on a matter of inquiry.

 

Mandate 16 – Larceny and Unauthorized Sales
 

M16.1 – Larceny: Where an individual steals from another individual or from the Imperial military.
 

M16.2 – Where an individual sells issued items by the Imperial military; property, weapons, or resources owned by the Imperial military without proper authorization.

 

Mandate 17 – Banditry
 

M17.1 – Where an individual commits coercive, extortive, violent, or hostile actions against civilians, allied or neutral states, or against enemy civilians without authorization; as a means to create chaos, obtain objects, resources, or currency, or inflict harm.

 

Mandate 18 – Kidnapping
 

M18.1 – Where an individual restrains, detains, or transports someone else against their will without authorization.

 

Mandate 19 – Bribery
 

M19.1 – Where an individual persuades another to act dishonestly or otherwise, with the gift of money or other inducement
 

M19.2 – Where an individual accepts gifts of money or other inducements as persuasion to act dishonestly or otherwise.

 

Mandate 20 – Extortion
 

M20.1 – Where an individual intentionally threatens another individual to obtain money, titles, force an action, or other benefits for oneself.

 

Violent Action Mandates

 

Mandate 21 – Assault
 

M21.1 – Minor: Where an individual intentionally commits upon another an act of violence which brings about no incapacitation or lasting injury
 

M21.2 – Middling: 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
 

M21.3 – Major: Where an individual intentionally commits upon another an act of violence which brings about permanent injury

 

Mandate 22 – Manslaughter
 

M22.1 – Where an individual unintentionally but negligently commits such an act that brings about the death of another

 

Mandate 23 – Murder
 

M23.1 – Provoked: 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
 

M23.2 – Non-Premeditated: Where an individual intentionally commits such an act of violence upon another which brings about their death, with no premeditation
 

M23.3 – Premeditated: Where an individual intentionally and with premeditation causes the death of another
 

 

 

 

 

 

 

 

 

 

Signed and Approved

HIS IMPERIAL EXCELLENCY, Alren DeNurem, Secretary of War