law The Rathonian Basic Law

[MNT_Plovdiv 342]

The Rathonian Basic Law

Enforced from the 1st of the Amber Cold, Year 44 of the Second Year

By the Baron of the Barony of Dùnrath, Daibhidh MacFhilib Sutharlainn

at the Barony of Dùnrath.

 

Part I - General Principles

1          The Rathonian Basic Law shall apply to facts committed in the following spaces, except as otherwise provided for in international treaties or agreements in the field of judicial assistance applicable if the offence is committed:

    (a)        in the Barony of Dunrath, regardless of the nationality of the perpetrator; or

    (b)       all territorial waters, defined as 50 metres from the coast of the Barony of Dùnrath

2      The Rathonian Basic Law shall also apply to spaces not being mentioned at Section 1, when the offence is committed:

    (a)     the fact of being committed by an Rathonian resident against a non-resident of Dùnrath, or by a non-resident of Dùnrath against an Rathonian resident, provided that

        (i)    The perpetrator is found to be in Dùnrath, or other parts of the Kingdom of Norland, where the law of the Kingdom of Norland may apply.

        (ii)   Such facts are also punishable by the laws of the place where they were committed, but The Rathonian Basic Law shall not apply if that place does not exercise the power to punish; and

        (iii)  Constitutes a crime that allows the surrender of the perpetrator, and such surrender is not permitted; or

    (b)     by a Rathonian resident against a Rathonian resident, provided that the perpetrator is found in Dùnrath.

The Rathonian Basic Law is applicable to facts committed outside of Dùnrath to the extent that the perpetrator has not been placed on trial, in the place where the facts were committed, or the perpetrator has evaded fulfilling all or part of the sentence imposed.
Part II - Facts

3    In the Rathonian Basic Law, unless the context otherwise requires,
    (a)    Illegal, means the action is contrary to or forbidden by the Rathonian Basic Law.
    (b)    Not legal, or decriminalised, means the action has been stopped to be treated as illegal or as a criminal offence. 
    (c)    Legal, means the action is permitted by the Rathonian Basic Law.
4        An individual who acts with the knowledge that the fact is a crime and intends to cause that fact to occur is defined as intentional.
          An individual who, knowing that the consequences of an act are likely to cause the occurrence of a fact that is consistent with a crime, accepts the occurrence of that fact at the time of the act is also defined as intentional.
5          If, considering the legal order as a whole, the wrongfulness of a fact is deemed to be prevented by the legal order, the fact is not an offence.
In particular, a fact is not unlawful if it is made in the following circumstances:
    (a)         in self-defence; or
    (b)         the exercise of a right; or
    (c)         the performance of an obligation under the law or compliance with a proper order of the authorities; or
    (d)         with the consent of the individual who has a legal interest in the violation.
6          The rights of the Rathonian Citizens and visitors visiting the Barony of Dùnrath are as follows:
    (a)    The Right to not be Discriminate, on the basis of race, colour, gender, language, religion, national or social origin, property, birth, or other status;
    (b)    The Right to Freedom of Movement, both to and from the Barony of Dùnrath, unless being banished by the Barony of Dùnrath.
    (c)    The Right to Live, unless they have been accused and proved to have been involved in serious crime.
    (d)    The Right to Practise a religion, unless the religion is deemed to have violated the Rathonian Basic law or the act violates other people’s rights.
    (e)    The Right to Freedom of Speech.
    (f)    The Right not to be submitted to slavery, servitude, forced labour or bonded labour.
7          However, the rights will not be valid when the action done violates the Rathonian Basic Law, or orders and documents issued by the Barony of Dùnrath.
Part III - Punishments
8          Punishments by jail 
    (a)    The  term of imprisonment is generally at a minimum of one month and a maximum of thirty five years.
    (b)     In exceptional cases, the maximum term of imprisonment prescribed by law may be up to forty years.
    (c)    In no case shall the maximum limit referred to in 7a and 7b be exceeded.
9          Punishments by a monetary fine.
    (a)    The amount of a monetary fine is generally at the minimum of 100     Agnethe Deràrchean, and a maximum of 2000 Agnethe Deràrchean.
    (b)    If the sentence of imprisonment does not exceed one year, the sentence can be replaced by a fine of the same number of hours or by another penalty that is not deprivation of liberty, except where the execution of the sentence is necessary to prevent future offences. If the sentenced person does not pay the fine, An individual shall serve the sentence imposed.
10          Banishment 
Banishment is defined as the individual being kicked out from town and not being able to regain residence of the Barony of Dùnrath. This status is permanent unless banishment is revoked by the Baron of the Barony of Dùnrath.
11          Execution
Execution is defined as a sentence to death in the Barony of Dùnrath. It is only executed in the form of private beheading and public execution is strictly forbidden.
Part IV - Extradition
12          Part IV only applies when all the following conditions are fulfilled:
    (a)    Law boundaries, when either
        (i)    The perpetrator commited a crime which is illegal in the Barony of Dùnrath, and the crime of which the perpetrator commited is illegal in the nation of which requested for the extradition, or
        (ii)    The perpetrator commited a crime which is decriminalised in the Barony of Dùnrath, and the crime of which the perpetrator commited is illegal in the nation of which requested for the extradition.
    (b)    The crime of which the perpetrator committed took place in the Barony of Dùnrath and its territorial waters.
    (c)    The perpetrator is not a citizen of the Barony of Dùnrath, except when:
        (i)    The perpetrator commited a crime of which its maximum punishment, according to the Rathonian Basic Law, is execution. This only applies when the victim(s) are citizen(s) of the nation of which requested for the extradition.
        (ii)    The perpetrator commited a crime of which it is illegal in both the Barony of Dùnrath, and the Kingdom of Norland. This only applies when the nation of which requested for the extradition is the Kingdom of Norland.
13           A request by a place outside the Barony of Dùnrath for assistance under Part IV shall be refused if, in the opinion of the Baron of the Barony, or the Court of the Barony,
    (a)    The granting of the request would impair the sovereignty of the Kingdom of Norland or the security or public order of the Kingdom of Norland or any part thereof;
    (b)    There are substantial grounds for believing that the request was made for the purpose of prosecuting, punishing or otherwise causing prejudice to a person on account of the person’s race, religion, nationality or political opinions; or,
    (c)    The granting of the request would seriously impair the essential interests of the Barony of Dùnrath, or the Kingdom of Norland.
14          A request of extradition must be in the form of an official document, where the document is signed by either the leaders of the place, or by its judicial entity. 
Part V - Treason
15        An individual commits treason if the individual,
    (a)         kills, severely wounds, imprisons or restrain the Baron of the Barony of Dùnrath.
    (b)         forms an intention to do any such act as is mentioned in 12a and manifests such intention by an overt act.
    (c)         levies war against the Barony of Dùnrath with the intent to depose Their Highness from the style, honour, and royal name of the Crown of the Barony of Dùnrath, or in order by force or constraint to compel Their Highness to change Their measures or counsels, or to put any force or constraint upon, or to intimidate or overawe, Parliament or the legislature of any Rathonian territory.
    (d)         instigates any foreigner with force to invade the Barony of Dùnrath, and/or the Kingdom of Norland.
    (e)         assists by any means whatever any public enemy at war with the Barony of Dùnrath, and/or the Kingdom of Norland, or
    (f)         conspires with any other person to do anything mentioned in paragraph (a) or (c)
Any individual who commits treason shall be guilty of an offence and can be imprisoned for a maximum of thirty five years and/or be placed with the status of banishment, or execution.
Part VI - Murder 
16          Murder is defined as the unlawful killing of another individual without a valid justification, especially the unlawful killing of another human with malice aforethought. Murder is a serious offense of which any individual who commits murder shall be guilty of an offence and can be imprisoned for a maximum of thirty five years and/or be placed with the status of banishment, or execution.
Part VII - Manslaughter
17          Manslaughter is defined as the unlawful killing of another individual with no intention to do so. It can be subdivided into Voluntary Manslaughter and Involuntary Manslaughter.
18          Voluntary Manslaughter is defined as an individual killing another individual with intention, but there is evidence of which the killing should not be classified as Murder depending on the situation of which the killing happened. The valid voluntary manslaughter justifications are:
    (a)    Lost of control, where a valid event happened which led the perpetrator to kill the victim.
    (b)    Imperfect self-defense, where the perpetrator used unreasonable force, for the purpose of defending one's own life or the lives of others by killing the another individual/party.
    Voluntary Manslaughter is an offense of which any individual who commits murder shall be guilty of an offence and can be imprisoned for a maximum of thirty five years and/or be placed with the status of banishment.
19          Involuntary Manslaughter is the killing of a human being without intent of doing so, either expressed or implied. It is distinguished from voluntary manslaughter by the absence of intention. Involuntary Manslaughter is an offense of which any individual who commits murder shall be guilty of an offence and can be imprisoned for a maximum of twenty five years and/or be placed with the status of banishment.
Part VIII - Assault
20          Assault is defined as an unlawful threat or attempt to do injury to another. This section applies to both physical assault and mental assault. Physical assault is defined as a person doing physical injury to another, where the victim is wounded. 
21           Mental assault is defined as a person doing mental assault to another, it can be in the form of verbal abuse, stalking, verbal discrimination or the restriction of the victim’s freedom. 
22          Assault is an offense where the punishment depends on the severity of the case, the perpetrator can be issued a fine, imprisoned for a maximum of thirty years and/or be placed with the status of banishment.
Part IX - Scamming, Stealing and Destruction of Public Properties
23          Stealing is defined as the act of taking money, items, work, or anything with value from another involving individuals/parties without the other involving individuals/party’s consent. Stealing is an offence, and the perpetrator can be issued a fine, imprisoned for a maximum of ten years and/or be placed with the status of banishment. 
    As of Year 44 of the Second Age, the fine of Stealing is equivalent to 160% of the total value of items being stolen from the victim.
24          Scamming is defined as the act of taking money, items, work, or anything with value from others involving individuals/parties with the other involving individuals/party’s consent. But the method of obtaining the consent is unfair, or forceful. However, if the trade occurs in a trade base, where prices are clearly listed on the product, and/or the price was clearly delivered to the buyer, Section 24 cannot be used against the seller. Scamming is an offence, and the perpetrator can be issued a fine, imprisoned for a maximum of eight years and/or be placed with the status of banishment.
    As of Year 44 of the Second Age, the fine of Scamming is equivalent to 100% of the total value of items being scammed out of  the victim.
25          Burglary is defined as the illegal entry of an entity not belonging to the perpetrator with intent to commit a crime. This also includes the destruction of private properties not belonging to the perpetrator. Burglary is an offence, and the perpetrator can be issued a fine, imprisoned for a maximum of twenty years and/or be placed with the status of banishment.
    As of Year 44 of the Second Age, the fine of Burglary is equivalent to 250% of the total value of items being scammed out of  the victim.
26          Alternating or destroying public and/or state-owned land is an offence, including the alterations of:
    (a)         Public roads, buildings and lamp posts.
    (b)         Land owned by the Barony of Dùnrath.
    (c)         All signs, banners, and public records. 
    (d)         All state-owned transportation services.

    (f)         other government land, properties, and plants.
Any individual who commits this section shall be guilty of an offence and can be issued a fine, imprisoned for a maximum of two years, and/or ask for repair whatever part was being altered.
Part X - Trespassing
27        All individuals in the Barony of Dùnrath have the right to access all outdoor areas, both public and private, unless the owner of land and/or the Government of the Barony of Dùnrath stated with clear signs otherwise. The right is also known as the right of public access to the wilderness or the right to roam.
28       Trespassing without right and not leaving after a warning by the owner or their co-owner is a minor offence, where the owner of the private property can claim a compensation of up to 500 Deràrchean. If the perpetrator failed to pay the compensation, the perpetrator can be imprisoned for a maximum of one year.
Part XI - Use of Magic
29          The use of magic in public is not legal but except any of the following situations,
    (a)    The practition of Druidism, Paladinism, Chi, housemagery and Shamanism.
    (b)    Any magic that does not change the state of  an individual or public entity, including harming, wounding and transporting.
30           Magical items can be brought into the Barony of Dùnrath as long as all the following conditions are fulfilled:
    (a)    The item is declared at the gates to the Barony of Dùnrath, and would be recorded by the Barony of Dùnrath.
    (b)    The item is on the list of permitted magical items.
    All other magical items must be handed in to the guards and it will be kept until the departure of the individual.