Jump to content

Recommended Posts

The Laws of The Grand Duchy of Balian

The Grand Duchy of Balian’s Legal Code

ao68IoVUgmT65i5E0fIAksU78JR4a6Py6i0cJgfZ2gcudIK3IfmBE6cxYcfiGifX-2iGNqt0uAFd4jTEeu6pPezb6AoQYs_hTJht8ggUTCglluDxHoldNBR5638rFqsZ6smUsGqWAOJ1HMjVew

     

    INTRODUCTION - General Provisions and Definition

    SECTION I - Criminal Law 

    SECTION II - Court Procedure 

 

   

    Xm_gPyzqCMmt5_drbtyHUw_KiFO8jdtfH5bNqBZSML8EXfhxL1PAeJsUPpm0gdEr5gorjZ3DXtiOYktNSHu7RpDr-elqPSBsm9N7njBdxMno5T_vVJ9wnHn60fRiP6yOrYFv3xgKbVTXbQwvIA

    GENERAL PROVISIONS AND DEFINITIONS 

Written by the first Magister of The Grand Duchy of Balian, 

     

    The Grand Duchy of Balian (Balian): The country, the nation of which these laws apply. Constitutes both provinces or colonies. 

    The Grand Duke (or Duchess): The head of state of the Grand Duchy of Balian. 

    The Crown: The sovereign of the Grand Duchy of Balian., which controls the Brotherhood of Balian and the Balian Peerage and rules under the direction and advice of the Ducal Chamber .

    The Laws of The Grand Duchy of Balian: The lawbook of the Grand Duchy of Balian. 

    Seneschal: The Seneschal is the chief minister of the Grand Duchy and is responsible for the proper maintenance and governance of the realm. He wields penultimate authority and is charged with preserving the coronet by all means possible, including in matters of succession.

    The Ducal Chamber: The various stately offices of the Grand Duchy of Balian, they are comprised of the Seneschal, the Legate, the Censor, the Magister, the Constable and the Procurator. Their roles are to complete the jobs set out for them in their titles, and to advice the Grand Duke on all matters deemed to be necessary by Their Grace.

    Balian Peerage: The lettered nobility of the Grand Duchy of Balian. 

The Magisterium: The Judicial branch of the Balian Government, composed of the Magister, Kritai and Tribonian Quaestors. 

     

    Excerpt Upon the Rights of Man 

    Humanity, created by God in the image of His Prophets, is bestowed upon through His Divine Power the guaranteed, inalienable rights of Man, held above all law and rule. Through the power of the Imperial Crown, they are enforced and protected immaculate and indefinite, only transgressed by committing a mortal sin. 

    The Rights of Man include; 

    THE RIGHT TO LIFE, so no man will ever be taken to the Skies so soon. 

    THE RIGHT TO LIBERTY, so no man will ever be bonded by the shackles of slavery. 

    THE RIGHT TO TRIAL, so no man will ever be wrongly accused when not charged by a trial of their peers. 

    These rights are the backbone of human liberty and law, preventing the slip of chaos as seen in time immemorial, acting as a shield before the dark arrows of tyranny and selfish ambition. All sons of the First Prophet, no matter of blood, language, or culture, carry upon them these golden laurels of freedom, through right of birth and sapienic kinship. 

    - Emperor Joseph I, 1718

    Mvj2k-6AkuvBWqN6_ZpSQEzw5WjDx3dSMHnEea5xaqQlinhfe6K4D5ZhOqg47lM_CkuuaH7eOy98dNK2de-gZRbvha6eiNoKgiWzIYVtDybP8r4dUlnptHJYI9nSPUINETZXXqpZetjRCMnkcQ

SECTION I - Criminal Law 

 

BL.01.01 - On Assault 

    A. When a person decides to violently attack another member of the public, causing no lasting injuries, and does not wield a weapon to inflict such damage. This may be punished with a 50-150 mina fine, depending on issues caused.

    B. When a person decides to violently attack another member of the public, causing lasting injuries, but not permanent and/or does wield a weapon to inflict damage. This may be punished with a 250-400 mina or the removal of a hand, depending on issues caused.

    C. When a person decides to violently attack another member of the public, causing permanent injuries,. This may be punished with a 750-1250 mina, 5-10 years of exile or removal of both hands depending on issues caused.

BL.01.02 - On Manslaughter 

    A. When a person unintentionally kills another person, be this in anger, by coincidence or otherwise. A lack of intent must be proven indefinitely, as judged by the Kritai. This may be punished with a 600-750 mina fine, decided by the discretion of a Kritai

BL.01.03 - On Murder 

    A. When a person intentionally kills another person, without the premediation of it. It would require proof or reasoning that there was no premeditation, which a Kritai would judge. This may be punished with a 1250-1800 mina fine, a 20 year to indefinite exile or removal of a limb.

    B. When a person intentionally kills another person, with premeditation of it. A Kritai will judge whether they believe it was premeditated or not. This may only be punished with death.

BL.01.04 - On Mutilation 

    A. When a person removes a body part short of a limb, organ or eye, or causes other permanent damage, with intention. This will be punished with the equivalent mutilation or a 300-500 mina fine.

    B. When a person removes a limb, organ or eye, causing permanent damage, with intention. This will be punished with a 1000-1750 mina fee, 10-30 year exile or equivalent mutilation, decided with the Kritai’s discretion.

BL.01.05 - On Kidnapping

    A.When a person without legal reasoning, takes another person and confines them against their will. This will be punished with a 750-1000 mina fine, exile for 5-10 years, decided with the Kritai’s discretion

BL.01.06 - On Defamation 

    A. When a person would distribute false information about someone else, without the intent to damage their reputation. This will be punished with a 50-150 mina fine. 

    B. When a person would distribute false information about someone else, with the intent to damage their reputation. This will be punished with a 500-750 mina fine. 

BL.01.07 - On Impersonation 

    A.When a person assumes the identity of another person, without a reasonable excuse or a prior agreement between the two people. It will be punished with a 100-200 mina fee.

B. When a person assumes the identity of a peer, soldier, government or public official, without a reasonable excuse or a prior agreement between the two people. It will be punished with a 400-500 mina fee.

BL.01.08 - On Torture

    A.When a person inflicts injury on another while they have captured them. To do this within legal bounds, one must have the expressed permission of The Magister of The Grand Duchy of Balian. This may also be done when concerning an enemy of the state. This will be punished with a 650-750 mina punishment

BL.01.09 - On Malpractice 

    A.When a medical practitioner neglects the care of a person in need of medical care, be this refusal of treatment, failing to adhere to medical procedure or otherwise. This will be punished with temporary or permanent revoking of medical licence and a 300-1000 mina fine, dependant on the severity of the case.

BL.01.10 - On Theft 

    A.When a person steals the property of another, of the value of up to 400 mina. This will be punished with the returning of the property and a 200-350 mina fine or, if the return of the property is not possible, a 400-500 mina fine or 2-5 year exile.

    B. When a person steals the property of another, of the value of over 400 mina. This will be punished with the returning of the property and a 600-750 mina fine or, if the return of the property is not possible, a 800-1100 mina fine or 5-10 year exile.

BL.01.11 - On Breaking and entering

    A.When a person makes their way into another person's property without expressed permission, this includes a search of a property without a search warrant. This will be punished with a 200-350 mina fine and temporary suspension from one's force, should it be necessary.

BL.01.12 - On Forgery 

    A.When a person intentionally fakes a legal document that they are aware they are legally not allowed to. This will result in barring from public office for 5-10 years and a 100-200 mina fine.

BL.01.13 - On Vandalism 

    A.When a person intentionally damages or defaces property that is not their own and is not a government building.. This will be punished with a 100-200 mina fine.

    B. When a person intentionally damages or defaces property that is not their own and is a government building.. This will be punished with a 500-600 mina fine and exile for 2-5 years.

BL.01.14 - On Arson 

    A.When a person intentionally utilises fire to damage or destroy a  property that is not their own and is not a government building. This will be punished with a 400-500 mina fine.

B. When a person intentionally utilises fire to damage or destroy a property that is not their own and is a government building.. This will be punished with a 1000-1200 mina fine and exile for 20 years up to indefinite.

BL.01.15 - On Trespassing 

    A. When a person refuses to leave a property they have been asked to leave, or goes to one in which they have been barred. This will be punished with a 200-300 mina fine.

BL.01.16 - On Debt 

    A.When a person fails to resolve a debt to another person, be it small, moderate or significant. This should be brought to The Magister or a Kritai by the victim, and they will render a verdict depending on the facts of the case.

BL.01.17 - On Treason 

    A.When a person intentionally commits acts that are intended to compromise the integrity of the state and its government through insurrectionist movements and attacks. This crime will only ever be punished with execution. 

BL.01.18 - On Sedition 

    A.When a person intentionally distributes information or media, or speaks in a way that brings contempt against the state and its government, in a means to diminish its influence. This crime will only ever be punished with execution.

BL.01.19 - On Contraband 

    A.When a person possesses any illegal substances, materials or literature. This will be punished with the removal of such things and a 100-250 mina fine.

    B. When a person distributes or sells any illegal substances, materials or literature. This will be punished with the removal of such things and a 400-500 mina fine.

    C. When a person manufactures any illegal substances, materials or literature. This will be punished with the removal of such things and a 800-1200 mina fine.

BL.01.20 - On Obstruction 

    A.When a person obstructs or interferes with the arrest, investigation or prosecution of a criminal. This will be punished with a 200-300 mina fine.

BL.01.21 - On Absconding 

    A.When a person refuses to surrender themselves to arresting officers or does not turn up to an appointed court date when told to. Anyone who commits this, will be found guilty of the crime they committed.

BL.01.22 - On Bribery 

    A.When a person uses money, land or any form of a material gift to persuade a public official, army member, Kritai, Trobonian Quaestor, government official or anyone considered to have power, to conform to their influence. This will be punished with a 400-500 mina fine and barring from public office for 5 years.

    B. When a public official, army member, Kritai, Trobonian Quaestor, government official or anyone considered to have power, accepts money, land or any form of a material gift to conform to another person’s influence. This will be punished with immediate dismissal from office, barring from public office for 10 years and 750-1000 mina fine.

BL.01.23 - On Extortion 

    A.When a person obtains material goods, money, land, titles or influence, through the use of threat or force. This will be punished with a 400-500 mina fine.

BL.01.24 - On Perjury 

    A.When a person deliberately lies or withholds important information from an interrogating Tribonian Quaestor or officer of the Brotherhood of Balian throughout the course of any non-treason related crime. This will be punished with a 100-1000 mina fee, decided based on the crime that the interrogation concerned.

B. When a person deliberately lies or withholds important information from an interrogating Tribonian Quaestor throughout the course of a treason related crime. This will be punished with a permanent exile or execution.

BL.01.25 - On Embezzlement 

    A.When a government official intentionally uses government money or materials for their own personal gains, outside of their office. This will be punished with dismissal from office, permanent barring for public office and a 1000-3000 mina fine depending on the severity of the crime.

BL.01.26 - On Unauthorised Military Organisations 

    A.When an individual is part of a private and unauthorised military organisation. This will be punished with a 400-450 mina fine.

    B.When an individual leads and/or founded a private and unauthorised military organisation. This will be punished with a 1000-1500 mina fine.

BL.01.27 - On Duelling

    A.A duel may only occur as an honour duel between nobles, where they settle personal disputes in this manner. The Magister or Grand Druke must authorise such before it can take place. If this doesn’t occur it will be treated as any other crime.

BL.01.28 - On Blasphemy

    A.When a person speaks in a sacrilegious manner about God or the teachings of the scriptures. This will be punished with a 400-500 mina fine and/or 1-2 years exile.

BL.01.29 - On Heresy 

    A.When a person intentionally teaches others about the teachings of a false deity. This will be punished with a 750-900 mina fine and/or a 5-10 year exile.

BL.01.30 - On Devilry 

    A.When a person preaches for, worships or partakes in rituals of devils and demons and other devilish faiths. This will be punished with a 1000-2000 mina fine, 20 years to indefinite exile or death.

BL.01.31 - On Witchcraft 

    A. When a person partakes in magery that would be considered evil and/or dark by any sane person. This will be punished with exile for 20 years to indefinite, execution or a 1000-1500 mina fine.

BL.01.32 - On Fornication

    A.When an unmarried person fornicates with someone else. This will be punished with a 400-500 mina fine.

BL.01.33 - On Adultery 

    A.When a married person fornicates with someone other than their spouse. This will be punished with a 700-900 mina fine.

BL.01.34 - On Consanguinity 

    A.When a person fornicates or fosters a romantic relationship with someone closely related to them, such as parents, siblings, aunts, uncles etc. This will be punished with a 600-750 mina fine and exile for 2-5 years.

BL.01.35 - On Miscegenation

    A.When a person fornicates with someone who is not the same race as themselves, such as a human and elf, or orc and dwarf.  This will be punished with a 800-1000 mina fine and exile for 5-10 years.

    BL.01.36 - On Concealment of Identity 

    A.When a person hides their face to a Brotherhood of Balian soldier or Tribonian Quaestor when they were asked to remove it. This will be punished with a 150-200 mina fine.

BL.01.37 - On Vigilantism 

    A.When a person, who is not part of the Brotherhood of Balian nor a Tribonian Quaestor attempts to apprehend a criminal or carry out their own justice. This will be punished with a 300-400 mina fine.

BL.01.38 - On Disturbing the Peace 

    A.When a person causes problems and an uproar that affects the common peace of the state. This will be punished with a 200-300 mina fine.

    BL.01.39 - On Harmed Sovereignty 

    A.When a person commits any level of assault on the Grand Duke or any of their Ducal family. This will be considered treason and punished with only execution. 

BL.01.40 - On Conspiracy 

    A.When a person works with someone else and plans to commit a crime. This will be punished the same way the crime that was conspired.

BL.01.41 - On Incitement 

    A.When a person encourages another or incites them into committing a crime. This will be punished the same way the crime that was incited.

BL.01.42 - On Attempt 

    A.When a person attempts, but fails to commit a crime. This will be punished the same way as the crime that was attempted.

BL.01.43 - On The Draconic 

    A.When a person is considered to be Azdrazi or in any other way draconic. This will be punished with immediate death, a trial is not required when it is obvious that a person is draconic.

BL.01.44 - On Minors 

    A.When a person is under the age of 12, they will not be prosecuted for any crime at all. 

    B. A person under the age of 16 will not be able to consume alcohol, and those that procure them alcohol will receive a 100 mina fine.

BL.01.45 - On Discrimination 

    A.When a person uses another’s race as justification for violence, theft or anything else that may be seen as an attack on them. This will be punished with a 100-150 mina fine.

B.When a person uses another’s religion as justification for violence, theft or anything else that may be seen as an attack on them. This will be punished with a 100-150 mina fine.

C.When a person uses another’s gender as justification for violence, theft or anything else that may be seen as an attack on them. This will be punished with a 100-150 mina fine.

D.When a person uses another’s sexuality as justification for violence, theft or anything else that may be seen as an attack on them. This will be punished with a 100-150 mina fine.

BL.01.46 - On Religious Rights

    A.Any person in Balian may practice their own religion, however as stated in BL.01.28, they may not preach it to others.

BL.01.47 - On Bee Protection

    A.When a person kills a bee with intent. This will be punished with a 50 mina fine.

BL.01.48 - On Civil Offences 

    A.When a person causes physical damage to another. The punishment for this will be decided in court, but may not exceed the cost of the damage caused.

    B. When a person causes financial damage to another. The punishment for this will be decided in court, but may not exceed the cost of the damage caused.

C. When a person causes social damage to another’s reputation. The punishment for this will be decided in court, but may not exceed the cost of the damage caused.

BL.01.49 - On Undead

    A.When a person is found not to be truly alive and having lived passed death. The punishment for this will be execution by removal of the head.

GAcA_ns7bxcVctwJnTKxA6UD4FsWOFgLhY302uDJf86cZEfF4bEJqi3g-JfxRIvv48BjqYIaAH5MIYB91eIlJVGl6ioG4jO8vEtpKuudUkMeAh0_hCsw4cTlcXhQ3yeifq_wxMsLOj2L3WjyBw

    SECTION II - Court Procedure

 

BL.02.01 - On Summoning the Court

    I.The Tribonian Quaestor on the case, or claimant of a civil case, will send a letter to the Magister or make them aware of the case and their intent to pursue it legally.

II. The Magister will review the letter and either approve or deny the case.

III. If approved, the Magister will nominate a Kritai to oversee the trial and letters will be sent to all involved with the case at hand in order to summon them to court.

BL.02.02 - On Trial upon Arrest

    I.Should it be deemed necessary, a recently arrested criminal may be immediately taken to court for a trial.

    II. This should be approved by The Magister or The Supreme Kritai before occurring, but if necessary, can be skipped over. 

    III. Any available Kritai will oversee this case and any Tribonian Quaestor will prosecute, after being given the information.

BL.02.02 - On Legal Procedure

    I.At the start of a trial, all shall rise for the Kritai before they take a seat, officially beginning court.

    II. The prosecution will make an opening statement summing up their side of the case within a paragraph, followed by the defendant also making an opening statement summing up their side of the case within a paragraph.

    III. The prosecution will then make 1-3 points, using evidence as a point of proof for their case. They should keep their points concise and to the point less they be cut off by the Kritai, should they believe it necessary.

    IV. The defence will then make their own 1-3 points, using their own evidence, or rebuttal any points made by the prosecution. They also should keep their points concise, less they be cut off by the Kritai.

    V. Both sides will then make their closing statements, which should again be paragraph sized, the prosecution first and then the defence.

    VI. The Judge will finally render a verdict after hearing both closing statements, and then the punishment will be carried out by the Brotherhood of Balian. 

VII. Objections are not to be allowed under any circumstances, as the Kritai will take into account anything they believe to be untoward.

VIII. All trials should be documented for future reference by a scribe.

BL.02.03 - On Fines

    I.A fine may be given out by a NCO of the Brotherhood of  Balian or above, or a Kritai on the spot, as long as the crime committed warrants a fine of under 500 mina.

    II. All fines must be given to The Magister, who will subsequently hand the money over to The Procurator.

    III. If unable to pay the fine, a person will receive either an exile or physical punishment, as decided by a Kritai.

BL.02.04 - On Physical punishment.

    I.A crime may be punished with a physical punishment e.g. removal of a hand. If this is decided upon, then said punishment will be carried out in a humane manner.

II. The body part will be removed with a swift swing of a blade, it will then immediately be cauterised by fire, or any other medical procedure should a doctor be present to administer it.

BL.02.05 - On Exiles.

    I.If a person is punished with exile, they will be given a Saint’s day to remove their belongings from the city before they are placed in exile.

    II. Following this a sketch should be made of the person. This sketch and their name will be posted in the gatehouse, for any guard to see should the person try to return.

    III. Should they return before their exile is over, they may be subject to further punishment, should it be a longer exile, fine or physical punishment.

    IV. Exile may be appealed, if this is the case, the person punished should send a letter to The Magister, who will then review the case and determine the course of action from there.

    V. A letter shall be sent to the exilee once their period of exile is over, notifying them that they are free to return should they please.

BL.02.06 - On Death Sentences.

    I.Should a person be sentenced to death, their death will be dealt with in a humane manner.

    II. The punished may call for their last rites, as afforded to them by the canonist church, should they be a canonist.

    III. When it comes time for the criminal to be killed, their head should be placed on a block, for them to be beheaded.

    IV. Customarily, it is the Kritai who should swing the sword killing the criminal, however this can be wavered should a Kritai not be present.

BL.02.07 - On Prisoners of War.

I.Should an enemy be captured in war, their fate may be decided by The Magister, a Kritai or any officer of the Brotherhood of Balian, with a trial being overlooked due to the circumstances.

II. Should there be a disagreement about how to handle this situation, the view of The Magister or Kritai will supersede the military officials.

BL.02.08 - On Military Criminals.

I.If a member of The Brotherhood of Balian commits an offence that is not a higher assault, mutilation, murder or treason, they will be afforded a court martial, which the captain will oversee.

II. If a member of The Brotherhood of Balian commits an offence that is not a higher assault, mutilation, murder or treason, they will receive a Magisterium investigation and a subsequent trial.

III. If a member of The Brotherhood of Balian is found to have abused their powers to fine lower crimes or pass judgement in war time situations, they will receive a Magisterium investigation and a subsequent trial, potentially resulting in dishonourable discharge or another punishment.

BL.02.09 - On Peer Criminals.

I.If a Peer commits an offence, once they have been investigated by the Magisterium, they will be trialled by The Magister or Grand Duke only.

BL.02.10- On Trials of Treason.

I.A trial concerning the act of treason will only ever be trialled by The Magister or Grand Duke.

BL.02.11- On Defence.

I.A defendant may call for their own lawyer to defend them in court should they want to.

II. If the lawyer doesn’t arrive within 30 Saint’s minutes, the court will not allow for the defence to have a lawyer and the defendant must defend themselves.

BL.02.11- On Repeated offenders.

I.A criminal who has before been found guilty of a crime, will have their punishment increased. E.g a 400 mina fine would become a 600 mina fine.

II. Should a criminal who commits low level crimes (Those who which receive punishments under 500 mina) repeat their offences, they will not be fined on the spot and subsequently be sent to trial.

GAcA_ns7bxcVctwJnTKxA6UD4FsWOFgLhY302uDJf86cZEfF4bEJqi3g-JfxRIvv48BjqYIaAH5MIYB91eIlJVGl6ioG4jO8vEtpKuudUkMeAh0_hCsw4cTlcXhQ3yeifq_wxMsLOj2L3WjyBw

Signed,

Lord Ledicort of House Vuiller, First Magister of Balian

 

VpHTwKFPrJdsZIfYTn3cpqgVul1Ogzzk2IpWbnKUCvb3y-M8GzzcL8KNuARYbgWjbhWKuAc-PjHz75p8K68QsI7QUh8XoPKhRdjMTPD7oUAXknJRZJbhH0g1v_eZeSNL1Hy0OSd_.png.3036832d16a4d54e645e5c2cea5bef61.png

 

Link to post
Share on other sites

 Share

  • Recently Browsing   0 members

    No registered users viewing this page.



×
×
  • Create New...