LEX STAUNTONIA

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LEX STAUNTONIA

The Criminal Code of the Duchy Of Eastcliffe

3rd of Malin’s Welcome, Year 7 of the Second Age

 

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TITLE I. RIGHTS OF THE PEOPLE

SECTION I. Right to Life

Every person has the right to live and protect themselves against threats to their life.

 

SECTION II. Right to Trial

When accused of crime any person has the right to demand a trial before being punished. 

 

SECTION III. Freedom of Religion

Any person is free to practice any religion, so long as its practice doesn’t break any laws. 

 

SECTION IV. Freedom from Racial Discrimination

All races are to be treated equally under all government institutions. 

 

SECTION V. Right to Marry

Any men and women aged sixteen or older, without any limitation due to race, nationality or religion, have the right to marry a person of the opposite sex and with them found a family. Marriage shall be entered into only with the full consent of the intending spouses, or consent of the parents or caretakers of the intending spouses.

 

TITLE II. CRIMES

Section I. Degrees of the criminal offenses

1. There are three main levels of crimes, which are all punishable in different ways:
2. First degree. These crimes are punishable with fines of 10 to 50 mina, imprisonment for up to one year or removal of the thumb and two fingers from one hand, removal of beard if dwarven and clipping of one ear if elven.
3. Second degree. These crimes are punishable with fines of 50 to 200 mina, imprisonment for up to three years or the removal of one’s arm down the elbow, removal of one’s eye, removal of one foot, removal of beard and any runic body parts if dwarven and removal of both ears if elven.
4. Third degree. These crimes are under usual circumstances punishable with fines of up to 500 mina, imprisonment for up to 10 years, exile or death. Punishment may exceed the previously noted recommendations if the Magistrate or Duke deems the circumstances and deem it necessary. 

 

Section II. Crimes against the person

Murder

1. Under exceptional circumstances a judge may deem that this level of punishment is appropriate. 
2. The intentional killing of a person. 
3. The intentional killing of a government figure or member of the Ducal family. 

Manslaughter 

1. The unintentional killing of a person through carelessness. 
2. The unintentional killing of multiple people in a situation where the accused knew that the situation was dangerous and did not take necessary precautions.

Forced Labour

1. Forcing a person to do individual tasks or multiple tasks over the course of a year or less. 
2. Forcing a person to do individual tasks or multiple tasks over the course of five years or less, or forcing multiple people to do individual tasks or multiple tasks for a combined duration of five years or less.
3. Forcing a person to do individual tasks or multiple tasks over the course of five more than five years, or forcing multiple people to do individual tasks or multiple tasks for a combined duration of more than five years.

Assault

1. The use of violence to harm a person mildly. 
2. The use of violence to harm a person severely.

Kidnapping

1. Abducting a person for a period of time less than one month. 
2. Abducting a person and keeping them for a year or more.
3. Abducting people and keeping them in a total of 10 years or more.

 

Section III. Crimes against property

Theft 

For theft the punishment is a fine of the same amount that the items that the thief stole valued by the judge, as well as giving back the items or paying the estimated value as compensation if the items have been sold. 

Vandalism

1. Destroying a building or a smaller structure without hurting any person. On top of fines or jail time the vandal must also pay for reparations.
2. Destroying government structures without hurting any person. On top of fines or jail time the vandal must also pay for reparations.
3. Destroying the Ducal family or any other major government structure.

Trespassing

1. Entering an area in which the person is not authorised to enter. Entering government buildings leads to worse punishments. 

It is considered an aggravating factor of the crimes against people the commission of the crime against a member of the army, a member of the chivalry order, a noble, a privy councilor, a member of the Ducal family, or any other government official. 

 

Section IV. Crimes against the Duchy

Treason

1. To use power handed to a specific individual by the government to commit minor crimes against the Duchy.
2. To use power handed to a specific individual by the government to commit major crimes against the Duchy.
3. To use power bestowed upon a specific individual by the government to overthrow the Duchy or a Privy Councilor. It also includes using power handed to you by the government to help assassinate government figures or members of the Ducal Family. 

Sedition

1. To perform a speech or follow a conduct that incites people to disobey minor authorities.
2. To perform a speech or follow a conduct that incites people to disobey major government authorities.
3. To perform a speech or follow a conduct that incites people to rebel against the authority of the government or the Duchy. 

Bribery

1. To pay money to a minor political figure in order to receive favorable treatment by the government.
2. To pay money to a major political figure or a judge in order to get favorable treatment. It also includes accepting bribes. 

Extortion

1. Threatening a political figure or a judge to commit criminal offenses of the first degree in order to gain political favors or favors in court.
2. Threatening a political figure or a judge to commit criminal offenses of the second degree in order to gain political favors or favors in court.
3. Threatening a political figure or a judge to commit criminal offenses of the third degree in order to gain political favors or favors in court. 

Defamation

1. Spreading lies about lower level political figures in order to slander the Duchy.
2. Spreading lies about the Duke or a vassal lord of the Duchy in order to slander Duchy of Eastcliffe. 

Terrorism

1. Under exceptional circumstances a judge may deem that this level of punishment is appropriate. 
2. To make a violent attack aiming to destroy structures, but not to kill people, with political intent.
3. To make a violent attack aiming to kill or injure people, with political intent.

Obstruction

1. To prevent the government from doing day to day activities, such as collecting taxes.
2. To prevent the government from responding to a crisis that risks to cost the lives of citizens. 
3. To prevent the government from responding to a crisis that risks destroying Duchy of Eascliffe.

Tax evasion

1. Not paying the correct amount of taxes for your. The punishment also includes paying the taxes a particular individual owes to the state. 
2. Helping multiple people avoid taxes. The punishment also includes paying the taxes a particular individual owes to the state. 

Smuggling

1. Bringing illegal substances into the Duchy for personal use, either by accident or deliberately.
2. Bringing illegal substances into Duchy with the intention of selling.

 

Section V. Legal considerations

The punishable preparatory acts in the commission of a crime such as conspiracy are translated in the sentence with a reduction of 1/3 of the penalty of the crime.

 

The inchoate offenses in the commission of a crime are translated in the sentence with a reduction of 2/3 of the penalty of the crime. 

 

The aggravating factors in the commission of each crime are translated in the sentence with an increase of 1/3 of the penalty of the crime. 

 

The mitigating factors in the commission of each crime are translated in the sentence with a decrease of 1/3 of the penalty of the crime.

 

Multiple prison sentences are stacked according to this equation: Largest individual sentence + (all other sentences)^0.7 where the value is years. This does not apply to fines. 

 

Section VI. Jurisdictions

Common Jurisdiction: 

1. Everyone can present a complaint before the Magistrate, who will then investigate the case and dictate all the necessary procedural acts, such as subpoenas, in order to evaluate whether the facts that have been denounced have any criminal relevance according to this Criminal Code. If somebody presents a complaint before the Magistrate.
2. If the Magistrate appreciates any criminal relevance on the denounced facts, he will then arrange a trial between the complainant and the defendant.
3. In the trial both parties shall be heard and all their evidence, such as witnesses, shall be assessed by the Magistrate, who will finally issue a judgment in the first instance.
4. The judgments dictated by the Magistrate in the first instance can be appealed in a second instance before the Duke.

Special Jurisdiction: 

1. The Knights of the Duchy can only be tried in a single instance before the Duke.
2. The Vassal Lords of the Duchy, such as barons or higher, can only be tried in a single instance before the Duke.
3. The members of the Ducal Household can only be tried in a single instance before the Duke
4. In all the subsections mentioned above the Duke can delegate the case to the Magistrate to issue a judgment on his behalf.
5. The Duke may execute a special order of whatever he feels necessary to his knights that supersede the authority of the law and courts where the knights who receive the order have the full support of the Duchy and the Laws and Courts of the Duchy.

 

 

 

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AB CINEREM DE IMPERIAE,

 

HIS GRACE, Andrew of the House of Staunton, Duke of Eastcliffe

 

 

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