A Study - Civil and Criminal Trials

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CIVIL AND CRIMINAL TRIALS

(OR, A STUDY ON THE PRINCIPAL DIFFERENCES OF CIVIL AND CRIMINAL TRIALS)

BY

JOHANN FREDRICK LUDOVAR

 

4th of Wzuvar and Byvca, 411 E.S.

 

 

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Introduction

The duties of a Jovenaar of Haense is to find the truth, punish wrongdoers, and settle legal disputes. When a matter is brought before them in the Aulic Court, it can be either a criminal matter - where someone is accused of breaking the law - or a civil matter, in which two Haeseni have a disagreement of law or honour. A Jovenaar must, in either case, ensure that justice is done. This missive published by the Office of the Justiciar will detail the differences of each.

 

The Civil Trial

The civil trial is when citizens petition the Aulic Court to settle a dispute with another person, and thus does involve the question of crimes - listed in Chapter II of the Haurul Caezk, the Haeseni lawbook - but rather questions of wrongdoing and dishonour. Thus, the goal of civil trial is to either reach a compromise between the disputing parties, or find the wrongdoing and issue a remedy. 

Consequently, a Jovenaar may issue an order for a wrongdoing citizen to do or not do something, pay compensation, or other kinds of recompense for an act of dishonour -- these are known as an action order. Typical cases where an action order is applicable are questions of nuisance, harassment, duelling, trade, contracts, broken oaths, and dishonour. For example, were a carpenter to contract a lumberjack for wood but refuse to pay the agreed price, the Aulic Court may force him to do so with an action order.

In other cases, an acknowledgment order may be granted in cases where the Aulic Court is called upon to find the truth in a dispute. For example, if the parentage of a child, and possible infidelity, were to be raised, a Jovenaar may investigate and issue an order as to who the child’s parents truly are. 

During civil trials, the prosecutor would be the plaintiff, the one directly affected by the action, or a representative of them.

 

The Criminal Trial

The second one is a criminal trial. Those will take place when one broke a law of the kingdom, listed on chapter II of the Haurul Caezk such crimes usually threaten either the sense or physical security of the kingdom and/or it’s people.

While in civil trials might now be as defined, in criminal trials the rules are set in stone and clear, a deed is attached to an existing crime description.

During those trials, even if, for example, one was attacked, the victim would not be the plaintiff and is not the one in right to prosecute, but the crown, assigning its own prosecutor on the trial, as going against the law was a crime against the nation itself.

For example, in the case previously mentioned, while one was attacked, he might be the direct victim of the crime, yet the action itself threatened the safety and sense of security of the citizens of the kingdom, and broke the law the crown itself has assented, hence going against its words and authority, making it a matter of the crown to take action and responsibility for.

 

Conclusion

 

In conclusion, while criminal trial is a term used for crimes assented to in law and/or causing a threat to the nation in one way or another, while a civil trial refers to other birchs of laws of the nation that are not defined as laws, in which an outer intervention and mediation is needed between the involved parties.

In the preparation for a trial the jovenaar shall identify the type of trial that stands before him in order to have the right kind of trial and approach to the case presented to them.

 

 

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SIGNED,

His Lordship, Johann Fredrick Ludovar, High Justiciar of Hanseti-Ruska, Baron of Otistadt, Lord of Kazstadt

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Erwin Bishop sits in his new home, reading over the missive with a smile on his face. "Dobry vork, Lord Odistadt". He then passes the work over to his daughter Charelle ( @spiciiRAMUNE ).