THE CROWN v. LUDOVAR

[Flapman 625]

 SUBPOENA

5th of Horen’s Calling, 1781

 

THE CROWN

OFFICE OF THE HIGH JUSTICIAR

SIR WILHELM VYRONOV

 

DESIRES TO SUMMON THE FOLLOWING PARTY BEFORE THE CIRCUIT;

 

STEFAN LUDOVAR @GhostSHTR

 

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

 

Spoiler

 

The Haeseni Code of Law, Book of Crimes:
VII.II.§. Two men shall be allowed to duel for honour, shall the loser beg for mercy the victor is to spare the man otherwise he shall be branded a murderer and brought to court for trial. However does he not beg he is free to take his life. The maximum punishment being death by breaking the law of mercy.

 

The Oren Revised Code:
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.

•  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.

 

202.022 - 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.

    On the 3rd of the Sun’s Smile, 1781, Sir Konrad Stafyr had his fatal heart attack during Duma. Isabel Baruch, nine years old, fled the Duma hall, shocked by what she saw. As she left, the accused called her and the rest of House Baruch cowards. After a heated exchange between the accused and Sigmar, the accused asked Sigmar to challenge him to a duel. Sigmar did, but stipulated that the duel would be to the yield, not to the death. The accused did not challenge this stipulation and instead remained silent. After the duel commenced, the accused was able to get the upper hand and knocked Sigmar to the ground. Before the now helpless Sigmar was able to say a word the accused plunged his sword into the defeated man’s chest. Sigmar miraculously survived after quick treatment, but was nevertheless seriously injured.

WITH THE PRESENCE OF THE FOLLOWING RELEVANT PARTY OR PARTIES:

 

Sir Sigmar Baruch, Witness @Drew2_dude

Josef Alimar, Witness @importanthippo

Viktor Kortrevich, Witness @Zanthuz

 

ON THE DESIRED DATE OF:

((To be arranged OOC))

 

YOURS HUMBLY,

Sir Wilhelm Vyronov

High Justiciar of Haense

King’s Way 3, Reza

[[Flapman#1453]]

[TheNunnery 1853]

 

“Such sadness, that the House Ludovar is brought down to shame by a coward and fool.” Says the teenage Theodosiya Vryonov with a disappointed voice tone, from the Vryonov Keep in the north-land territory while practicing her archery and overall combative skills.

 

[yopplwasupxxx 5946]

MOTION TO DISMISS

 

STEPHEN LUDOVAR

As Represented by LEONARD SKINGAARD

 

TO THE COURT,

 

    The defendant party of Stephen Ludovar, as represented by Leonard Skingaard, does hereby move this Honorable Court pursuant to the Orenian Revised Code to strike the subpoena and dismiss the complaint(s) filed by the prosecution. In support of this motion, the defendant states the following principle(s), order(s), and/or legislation,

 

I - The accused party is protected by volenti non fit injuria (ORC 210.02), which states “where an individual consents or actively places oneself in a position of harm or danger, that individual may not bring claim against another party”. Due to Sigmar Baruch’s willing consent of the duel, “... the accused asked Sigmar to challenge him to a duel [which] Sigmar did …”, the individual knowingly put themselves into a dangerous duel, and therefore the accused party should not be held liable else have their legal protections infringed upon.

 

II - The accused party is protected by in pari delicto (ORC 210.03), which states “where the individual held liable for a crime and the party convicting the individual [are] deemed both at fault, whether for the same crime or similar, both the individual and the convicting party shall not be held liable”. Due to Sigmar’s action in instigating the duel by requesting one from the accused party, it is the opinion of the accused party that Sigmar Baruch is held just as liable for the actions of the duel, and therefore, the accused party should not be convicted.

 

III - The accused party is not in violation with Haeseni Code of Law VII.II, where it states the “victor is to spare the man otherwise he shall be branded a murderer”. Because “Sigmar miraculously survived after quick treatment”, the life of Sigmar was never taken, and therefore the accused party did not commit a breach of law.

 

IV - The clause VII.II of the Book of Crimes of the Haeseni Code of Law states that “however does he not beg, he is free to take his life”. In the opinion of the accused party, this is a breach of the Orenian Revised Code pursuant to ORC 605.052 as the use of “begging” to determine righteous assault, battery, murder, or otherwise is in clear violation of ORC 202 and related acts. Henceforth, the use of clause VII.II is not valid in a court of law.

 

YOURS HUMBLY,

LEONARD SKINGAARD

3 Main St, Johnstown, Northland, Oren

[[yoppl the tarchar#5195]]

 

[Flapman 625]

IN RESPONSE TO THE DEFENDANT’S MOTION TO DISMISS

 

TO THE CIRCUIT COURT,

 

The defendant party's presented arguments are deeply flawed and do not hold water. The prosecution will refute all of the presented arguments and asks the court to uphold the subpoena, so justice may be served.

 

I

The defendant party makes the erroneous claim that the accused is protected by volenti non fit injuria, this would be the case if the incident happened before the victim was defeated. Both the victim and the accused agreed to a duel to the yield. The victim was defeated and no longer able to fight, thus he had yielded. The attempt on the victim’s life was made after he yielded and is therefore not part of the duel the victim consented to.

 

II

Much like the first point, both the victim and the accused agreed to a duel to the yield. The attempt on the victim’s life took place outside the terms that were agreed upon by both parties and is thus outside the victim’s possible liability. This is assuming the court would even consider the pari delicto defense applicable on a legal duel.

 

III

The Haeseni Code of Law, Book of Crimes, VII.II, is applicable to the situation without the victim actually dying. As stated in the ORC 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.”, the accused may still be held liable for the attempted murder.

 

IV

It’s the opinion of the prosecution that there is no conflict between imperial and provincial law in regards to begging as it only applies to a consensual honor duel as described in Haeseni law. It has no implied application to ORC 202 or related acts as there is no mention of an honor duel in imperial law, therefore it is valid in a court of law.

 

YOURS HUMBLY,

Sir Wilhelm Vyronov

High Justiciar of Haense

King’s Way 3, Reza

[[Flapman#1453]]

[yopplwasupxxx 5946]

REQUEST FOR REBUTTAL

 

STEPHEN LUDOVAR

As Represented by LEONARD SKINGAARD

 

TO THE COURT,

 

    The defendant party of Stephen Ludovar, as represented by Leonard Skingaard, does hereby move to request rebuttal to the response set forth by the prosecuting party. In support of this request, the defendant states the following principle(s), order(s), and legislation,

 

I - The prosecuting party is erroneous in its belief that the defendant party of Stephen Ludovar agreed to a yield. The silence of the defendant party should not be considered consent, and in no place in the ORC is silence permitted as a valid sign of consent. Via ORC 305.014 which states “consent is null and void if caused by … misrepresentation”, the misrepresentation made by Sigmar in assuming his subsidiary yield clause without any clear signs of confirmation or negation makes the contract null and void. Also because of the obscure meaning, the interpretation used cannot be the one which benefits the individual that created the obscurity, which Sigmar did by adding subsidiary clauses without clear consent (ORC 305.043). Through all of this, the fight which Sigmar progressed consciously and in sound mind placed him knowingly into danger, and therefore the protections of volenti non fit injuria apply to the defendant party. 

 

II - Through ORC 305.014, the contract of the duel is null and void. Therefore, any furtherance of the duel is illegal, and because Sigmar knowingly progressed with the duel despite the invalidity of the contract, he is held just as liable as the defendant. Therefore, the protections of in pari delicto apply to the defendant party.

 

III - The defendant party maintains their original argument. The clause VII.II does not gain credence because of ORC 209.031, which is from federal law, not provincial law. If the charges the prosecuting party wishes to bring fall under ORC 209.031, then they fall under that legislation and not misconstrued provincial law.

 

IV - The defendant party maintains their original argument. The clause VII.II does not stand in a court of law as it is a standing breach with the Orenian Revised Code.

 

YOURS HUMBLY,

LEONARD SKINGAARD

3 Main St, Johnstown, Northland, Oren

[[yoppl the tarchar#5195]]

 

[Flapman 625]

IN RESPONSE TO THE DEFENDANT’S MOTION FOR REBUTTAL

 

TO THE CIRCUIT COURT,

 

The prosecution asks the court to uphold the prosecution’s presented arguments and to move on with the trial.

I

The prosecution is in the possession of written testimonies that indicate that the accused had either agreed or made the conscious choice to appear to agree while keeping it purposefully vague. It’s common for duels to be to the yield, be it in competition or in military training. Both the accused and the victim come from a military background and it can therefore be assumed that they are both familiar with duels to the yield.

 

II

The accused made the conscious decision to appear to agree while keeping it purposefully vague. The prosecution considers this to be with malicious intent in order to either gain an advantage over the other party during the duel or to attempt to dodge any of the legal consequences of his actions.

 

III

It is impossible for provincial law to incorporate a similar law to ORC 209.031 without causing a conflict that results in ORC 209.031 taking precedence, as according to ORC 605.052. Therefore it can be assumed that ORC 209.031 may be used with provincial law as ORC 605.5052 states that: “The rulings of the Circuit Court are to adhere to both Imperial law and, in cases of no conflict, provincial law”.

 

YOURS HUMBLY,

Sir Wilhelm Vyronov

High Justiciar of Haense

King’s Way 3, Reza

[[Flapman#1453]]

[EtowTheSaltyCat 574]

Justice Otto Wittenbach of the Circuit Court will be hearing this case, The fact that there have already been two requests for dismissals as well as two counter arguments send to the court just enlightens the need for trial.

Both requests are also dismissed.  Any more arguments will only be given in court now.

The Justice asks letters to be send to his estate for setting a day in court ((EtowTheSaltyCat#0312))

[AndrewTech 3333]

The Right Hon. Count of Metterden, Justice of the Central Circuit Court, shall be picking up this case from where Justice Wittenbach left off.

 

It is requested that letters be submitted to his office in order to schedule a date for a court appearance and continue the trial’s proceedings. ((AndrewTech#1007))

[AndrewTech 3333]

The Crown v. Ludovar

 

---

 

26th of Horen’s Calling, 1783

 

---

 

At the Request of the Defense, the Following Plea Deal Has Been Agreed Upon:

 

I.) The defendant will issue compensation to the royal government of Haense in order to compensate the publicly funded medical system for treating Sigmar Baruch MHC’s injuries.
 

          A.) This payment shall be in the form of a sum of 5000 marks, payable to the treasury of Haense.

 

II.) Stefan Ludovar shall issue a formal apology in public to Sigmar Baruch MHC with the presiding judge, Lord Metterden, in attendance.

          A.) This public apology shall be issued at the next sitting of the Haeseni royal court, a prominent social gathering that is held within the defendant’s community.
 

          B.) Should the apology be insincere, the presiding judge shall reserve the right to issue an additional fine of 5000 marks to the defendant. 

 

III.) In lieu of a prison sentence, the defendant will remain exiled from the borders of the Holy Orenian Empire for a period of twenty-five annum following the issuance of his public apology. More specifically, he shall serve out the duration of sentence on the island of Josefsburg.

 

Signed:

 

Justice Aleksandr var Ruthern, TRH Count of Metterden

 

Sir Wilhelm Vyronov KM, Lord Justicar of Hanseti-Ruska

 

Lord Stefan Otto Ludovar of House Ludovar

 

[AnonymousAlexa 3890]

“Papej?” Aleksandra Ludovar squeaked upon hearing the news. ”Niet...” she murmured, unsure of what to think or do. Her father exiled for so long, perhaps, she thought, she would never see him again...grave thoughts for a seven year old. For now, she would reside in Johnstown alongside her mother and the other members of House Ludovar, counting down the days until her father’s return. @GhostSHTR @Pepto