The Lex Criminalis Reform Act, 1774

[Office of the Registry 2323]

ACT OF THE IMPERIAL DIET

 

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LEX CRIMINALIS REFORM ACT, 1774

17^th of Harren’s Folly

Introduced in the House of Commons.

Passed by the House of Commons and House of Lords in the 16^th Imperial Diet.

 

AYE

Barclay

Bykov

Gray

Napier

Sarkozy

Stafyr

Stalistena 

Wick

 

ABSENT

Amador

Baruch

d’Aryn

Karoly 

O’Rourke

Rothesay

Stahl-Elendil

 

INTRODUCTION

 

The Lex Criminalis of the Oren Revised Code, while written well, has many loopholes. This bill seeks to fill the many holes within the Lex Criminalis and better explain existing crimes, so the Ministry of Justice is better equipped to prosecute crimes, and the subjects of Oren are protected from illegal activity.

 

SECTION I: NEW LEX CRIMINALIS

 

CH 201 - On Defining the Tables

201.01 - The activity of the Ten Tables 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.

201.02 - Thus we consider all crime as injury against the well being of one of seven parties, each the subject of an equal number of preceding Tables: the individual, property, the state, the faith, the public morality, public order, and the imperial office. Proximately, the ninth table concerns inchoate offenses, and the tenth legal defenses for mitigation of punishment.

201.03 - Of the offenses enumerated herein, 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 Title I. These degrees are: 

(A) The third degree offense, of the least severity.

(B) The second degree offense, of middling severity.

(C) The first degree offense, of the greatest severity. 

201.04 - 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, and the magistrate orders at his discretion. The applicable sanction for each crime is recorded within the table the crime is located. The assigned classes of punishments are:

 

201.041 - Infractions, of least severity, include the appropriated sentences: monetary fine up to two thousand mina, disbarring from public office for up to two annum, confinement to prison for up to two annum, banishment up to two annum, conscription up to five annum, designated service to faith up to five annum, flogging up to fifteen lashes, birching up to fifteen lashes, pillory up to one hour, branding by hot iron on the chest or buttocks.

 

201.042 - Misdemeanors, of middling severity, include the appropriated sentences: monetary fine up to fifteen thousand mina, disbarring from public office for up to ten annum, confinement to prison for up to ten annum, banishment up to ten annum, conscription up to twenty annum, designated service to faith up to twenty annum, flogging up to thirty lashes, birching up to thirty lashes, pillory up to three hours, branding by hot iron on a limb, chest, or buttocks.

 

201.043 - Felonies, of great severity, include the appropriated sentences: monetary fine up to fifty thousand mina, disbarring from public office for up to a lifetime, confinement to prison for up to a lifetime, banishment up to a lifetime, conscription up to a lifetime, designated service to faith up to a lifetime, flogging up to sixty lashes, birching up to sixty lashes, pillory up to three hours, branding by hot iron on a limb, chest, buttocks, or face, execution by hanging.

 

201.044 - Treason, of intolerable severity, includes the appropriated sentences: execution by hanging, execution by crossbow or arbalest if offender is an enlisted soldier, attainder.

 

CH 202 - Injury against the Person

202.01 - On Assault

202.011 - Where an individual intentionally makes an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another, this shall be assault, a misdemeanor.

202.02 - On Battery

202.021 - Where an individual intentionally commits upon another an unlawful act of violence which brings about no incapacitation or lasting injury, this shall be battery of the third degree, an infraction.

202.022 - 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.

202.023 - Where an individual intentionally commits upon another an act of unlawful violence which brings about permanent injury, this shall be battery of the first degree, a felony.

202.03 - On Manslaughter

202.031 - Where an individual in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution, this shall be involuntary manslaughter, a misdemeanor. 

202.032 - Where an individual brings about the death of another without malice upon a sudden quarrel or heat of passion, this shall be voluntary manslaughter, a felony.

202.04 - On Murder

202.041 - 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 in the second degree, a felony.

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

202.05 - On Mayhem

202.051 - 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 mayhem in the third degree, a misdemeanor.

202.052 - 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 mayhem in the second degree, a felony.

202.053 - 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 mayhem in the first degree, a felony.

202.054 - Shearing Act (1752): Imposing, threatening, or engaging in the clipping of ears towards an Elf is illegal.

202.06 - On Kidnapping

202.061 - Where an individual intentionally abducts, restrains, or confines another individual against their will without physical harm or endangerment of the victim, this shall be kidnapping in the second degree, a misdemeanor.

202.062 - Where an individual intentionally abducts, restrains, or confines another individual against their will, and in the course of this brings about physical harm or endangerment of the victim, this shall be kidnapping in the first degree, a felony.

202.07 - On Hostages

202.071- Where an individual who commits the offense of kidnapping, as defined in section 202.06, against a person for the purposes of protection from arrest, which substantially increases harm to the victim, this shall be hostages, a felony.

202.08 - On Defamation

202.081 - Where an individual 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.

202.082 - Where an individual 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.

202.083 - Where an individual 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.

202.09 - On Impersonation

202.091 - 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.

202.092 - 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.

202.093 - Medical Validation Act (1738): Impersonating a doctor shall fall under ORC202.071.

202.010 - Criminal Justice Reform Act (1746): On Torture and Cruel and Unusual Punishment

202.0101 - Where an individual intentionally afflicts another with injury for revenge or coercion of one party to another, this shall be torture, a misdemeanor.

202.0102 - Where an individual sustains the imprisonment of an individual who is below the age of majority, this shall be minor imprisonment, a misdemeanor.

202.0103 - Uses of torture and enhanced interrogation may only be employed with an expressed written and signed writ from an Imperial magistrate in a court of law. The provision of this amendment and due process for the permission of torture by a court of law shall be waived for those deemed as enemy combatants of the Holy Orenian Empire.

202.11 - Medical Validation Act (1738): On Malpractice

202.111 - Where an individual knowingly mistreats or denies necessary care to a patient to a point of small or moderate damage, this shall be defined as malpractice in the third degree, an infraction.

202.112 - Where an individual knowingly mistreats or denies necessary care to a patient to a point of great damage, this shall be defined as malpractice in the second degree, a misdemeanor.

202.113 - If an individual knowlingly mistreats or denies necessary care to a patient to the point of death, this shall be treated as murder. (see ORC202.02)

CH 203 - On Injury against Property

203.01 - On Theft

203.011 - Where an individual intentionally deprives another of moveable property without the consent of its owner, and this property totals less than one thousand minas in value, this shall be theft in the third degree, an infraction.

203.012 - Where an individual intentionally deprives another of moveable property without the consent of its owner, and this property totals greater than one thousand minas but less than ten thousand minas in value, this shall be theft in the second degree, a misdemeanor.

203.013 - Where an individual intentionally deprives another of moveable property without the consent of its owner, and this property totals greater than ten thousand minas in value, this shall be theft in the first degree, a felony.

203.02 - On Burglary

203.021 - Where an individual unlawfully enters an uninhabited property this shall be burglary in the second degree, a misdemeanor.

203.022 - Where an individual unlawfully enters an inhabited property, this shall be burglary in the first degree, a felony.

203.03 - On Burglary Tools

203.031 - Where an individual is in possession of any tool, explosive or any other device commonly used in the commission of a burglary, theft or other crime with the intent to make use thereof in commission of a crime, this shall be burglary tools, an infraction.. 

203.04 - On Robbery

203.041 - Where an individual intentionally deprives an owner of his moveable property through violence or threat of violence, this shall be robbery, a felony.

203.05 - On Forgery

203.051 - Where an individual, with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person, this shall be forgery, an infraction

203.06 - On Vandalism

203.061 - Where an individual intentionally or negligently damages or defaces the property of another, and this damage is of small or moderate amounts, this shall be vandalism in the second degree, an infraction.

203.062 - Where an individual intentionally or negligently damages or defaces the property of another, and this damage is of great amounts, this shall be vandalism in the first degree, a misdemeanor.

203.07 - On Arson

203.071 - Where an individual negligently damages or defaces the property of another through fire,  this shall be arson in the second degree, an misdemeanor.

203.072 - Where an individual intentionally damages or defaces the property of another through fire, this shall be vandalism in the first degree, a felony.

203.08 - On Trespassing

203.081 - Where an individual refuses to leaves another’s property, or returns to a property they’ve been barred from, this shall be trespassing, an infraction.

203.09 - On Poaching

203.091 - Where an individual intentionally or negligently hunts a beast or bird within the borders of a reserved wood, this shall be poaching, an infraction.

203.10 - On Bad Debt

203.101 - Where an individual fails to resolve a relatively small or moderate debt to another individual in a reasonable amount of time, this shall be bad debt in the second degree, a misdemeanor.

203.102 - Where an individual fails to resolve a relatively large debt to another individual in a reasonable amount of time, this shall be bad debt in the first degree, a felony.

203.103 - Before convicting an individual of  bad debt, a court should look to seize an individual's assets, or allow the individual to commit themselves to indentured servitude to resolve the debt.

CH 204 - On Injury against the State

204.01 - Treason and Sedition Act (1751) : On Treason

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.

204.01A - Treason and Sedition Act (1751) : On Petty Treason

Where an individual sows divisions through the active propagation of malicious rhetoric, manifestos, ideologies, and other devices with the intent to dissuade the conscience of the society from the State, this shall be the crime of petty treason, charged with the crime of treason.

204.02 - Treason and Sedition Act (1751): On Sedition

Where an individual intention to bring into hatred or contempt, or to incite disaffection against the person of His Majesty, his heirs or successors, or the government and constitution of the Holy Orenian Empire, as by law established, or the Senate, or the administration of justice, or to excite His Majesty's subjects to attempt otherwise than by lawful means, the alteration of any matter in Church or State by law established, or to incite any person to commit any crime in disturbance of the peace, or to raise discontent or disaffection amongst His Majesty's subjects, or to promote feelings of ill-will and hostility between different classes of such subjects, this shall be the crime of sedition, charged with the crime of treason.

204.03 - On Contraband

204.031 - Where an individual knowingly possesses illegal substances, literature, or items, this shall be the crime of possession of contraband in the third degree, an infraction.

204.032 - 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 misdemeanor.

204.033 - 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.

204.04 - On Obstruction

204.041 - 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 in the first degree, an infraction.

204.05 - On Tax Evasion

204.051 - 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, an infraction.

204.052 - Where an individual fails to render full payment in a timely manner for a lawfully enacted imperial, royal, ducal, or gubernatorial tax, this shall be the crime of tax evasion in the second degree, a misdemeanor.

204.053 - 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.

204.06 - On Absconding

204.061 - 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, and in the case of the awaiting trial immediately confirms guilt, dismissing the need for lawful hearing.

204.07 - On Bribery

204.071 - Where an individual persuades or attempts to persuade any judicial officer, juror, referee, arbitrator, public official, government official, or any person who may be authorized by the law to hear or determine any question or controversy, with the intent to influence their vote, opinion or decision with a monetary gift, this shall be bribery, a misdemeanor.

204.072 - Where an judicial officer, juror, referee, arbitrator, public official, government official, or any person who may be authorized by the law to hear or determine any question or controversy accepts or attempts to accept a monetary gift, for the intent of influencing their vote, opinion or decision, this shall be bribery, a felony.

204.08 - On Extortion

203.041 - Where an individual obtains money, titles, or other property from another with his or her consent, or the obtaining of an official act from a public office, induced by a wrongful use of force or fear, this shall be extortion, a misdemeanor. 

204.09 - On Perjury

204.091 - Where an individual intentionally misleads, deceives, or withholds pertinent information from an interrogating agent of the law, this shall be perjury in the second degree, a misdemeanor.

204.092 - 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 first degree, a felony.

204.093 - 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 penalty of treason.

204.010 - On Fraud

204.0101 - 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 is of small or moderate amounts, this shall be fraud in the second degree, an infraction.

204.0101 - 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 is of great amounts, this shall be fraud in the first degree, a misdemeanor.

204.011 - On Embezzlement

204.0111 - When a government official intentionally or negligently, steals, withholds, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the Orenian Empire, this shall be embezzlement, a felony.

204.012 - On Rescue

204.0121 - When an individual who willfully injures or destroys, or takes or attempts to take, or assists any person in or attempting to take, from the custody of any officer or person, any personal property which such officer or person has in charge under any process of law, this shall be rescue, a misdemeanor.

CH 205 - On Injury against the Faith

205.01 - On Blasphemy

205.011 - Where an individual intentionally speaks sacrilegiously or in contrary to the teachings or dogma of God or the heavens, this shall be the crime of blasphemy, a misdemeanor.

205.02 - On Apostasy

205.021 - Where an individual intentionally abandons or renunciates the teachings or dogma of God or the heavens, this shall be the crime of apostasy, a misdemeanor.

205.03 - On Heresy

205.031 - Where an individual intentionally believes or partakes in false teachings or dogma of God or the heavens, this shall be the crime of heresy, a misdemeanor.

205.04 - On Atheism

205.041 - Where an individual intentionally rejects the existence of God or the heavens, this shall be the crime of atheism, a misdemeanor.

205.05 - On Evangelization of False Faiths

205.051 - Where an individual intentionally spreads and converts other individuals to the belief of a faith in contrary to that of the Canonist faith, this shall be the crime of evangelization of false faith, a misdemeanor.

205.06 - On Evangelization of Heresy

205.061 - Where an individual intentionally spreads the false belief of unorthodox and untrue dogma or teachings to other individuals, this shall be the crime of evangelization of heresy or false doctrines, a misdemeanor.

205.07 - On Devilry

205.071 - Where an individual intentionally and actively participates in the worship of demons and devils, evangelizes the worship of demons and devils, or encourages the growth of devilic cults, this shall be the crime of devilry, a felony.

CH 206 - On Injury against Morality

206.01 - On Indecency

206.011 - 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.

206.02 - On Gambling

206.021 - 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.

206.022 - The Ratibor Act (1759):  Individuals are permitted to partake in friendly wagers, gambling, and card games as a decriminalized act, only punishable if such endeavors reach an institutional level without proper dispensation.

206.023 - An undispensed level of gambling that would violate CH 206.02 shall be defined as an organized business promoting gambling in such a way that it inspires a spirit of immorality, indecency, and dissent among its patrons.

206.024 - Institutionalized gambling halls are exempt from CH 206.02 if granted dispensation by the local provincial authority or imperial authority, namely the relevant Lord Lieutenant, Governor-General, Lord Palatinate, or by writ of the Ministry of the Interior, or by imperial decree, in that order of authority, with the understanding that their writ dictates the establishment is one honest and in line with Orenian tradition.

206.03 - On Deviancy

206.031 - Where an individual intentionally acts in unusual or unaccepted standards, especially in social or political behavior, this shall be the crime of deviancy, an infraction.

206.04- On Obscene Materials

206.041 - Where an individual possesses materials that are determined to be obscene to a reasonable person, this shall be the crime of obscene materials, an infraction.

206.05 - On Witchcraft

206.051 - 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.

206.06 - On Fornication

206.061 - Where an unmarried individual intentionally fornicates another individual in a public or private location, this shall be the crime of fornication, an infraction.

206.07 - On Adultery

206.071 - Where a married individual intentionally fornicates with another who is not the spouse, this shall be the crime of adultery, a misdemeanor.

206.08 - On Consanguinity

206.081 - 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.

206.082 - Certain cases of consanguinity may be allowed by decree of the Holy Orenian Emperor.

206.09 - On Miscegenation

206.091 - 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 misdemeanor.

CH 207 - On Injury against Order

207.01 - On Vagrancy

207.011 - 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 misdemeanor.

207.02 - On Loitering

207.021 - 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.

207.03 - On Concealment of Identity

207.031 - 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, an infraction.

207.04 - On Vigilantism

207.041 - 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.

207.05 - On Disturbing the Peace

207.051 - 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.

CH 208 - On Injury against the Imperial Office

208.01 - On Injured Majesty

208.011 - Where an individual intentionally and deliberately defames the Imperial Office or Imperial House, this shall be injured majesty, a felony.

208.02 - On Harmed Majesty

208.021 - Where an individual unintentionally physically harms a member of the Imperial Office or Imperial House, this shall be harmed majesty in the second degree, a felony.

208.022 - Where an individual intentionally physically harms a member of the Imperial Office or Imperial House, this shall be harmed majesty in the first degree, charged with the punishment of treason.

208.03 - On Imperial Homicide

208.031 - Where an individual intentionally or unintentionally murders a member of the Imperial Office or Imperial House, this shall be the crime of Imperial Homicide, charged with the punishment of treason.

CH 209 - On Inchoate Offenses

209.01 - On Conspiracy

209.011 - 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.

209.02 - On Incitement

209.021 - 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.

209.03 - On Attempt

209.031 - 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.

CH 210 - On Legal Defenses

210.01 - Ex turpi causa non oritur actio

210.011 - Where an individual accusing another of a crime where evidence was obtained through criminal means, the individual accused is not held liable.

210.02 - Volenti non fit injuria

210.021 - 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.

210.03 - In pari delicto

210.031 - 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.

210.04 - On Duress

210.041 - Where an individual commits a crime intentionally, but under reasonably proximate threat of force equal to or less 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.

210.05 - On Entrapment

210.051 - 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.

210.06 - On Infancy

210.061 - 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.

210.07 - On Necessity

210.071 - Where an individual is compelled by circumstances beyond his control, as a last resort, commit a crime in order to prevent a more injurious outcome, that individual shall not be held liable.

210.08 - On Provocation

210.081 - 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.

210.09 - On Incapability

210.091 - 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.

210.10 - On Immunity

210.101 - 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

 

Introduced by Farooq Gray, MHC on 14th of the First Seed, 1773

 

Cosponsored by Konstantin Wick, MHC

 

Issued and proclaimed,

Peter III, by the grace of GOD Holy Orenian Emperor, forever August, King of Renatus, Curon, Salvus, and Seventis, King of Kaedrin, Prince of Malinor, Grand Duke of Ves, Duke of Lorraine and Roden, Baron of Sedan, Vitzburg and Sedai, Protector of the Heartlanders, Highlanders, and Farfolk, etcetera.