LEX HYSPIA

[The Kingdom of Hyspia 646]

LEX HYSPIA

 

 

Civil, Criminal,

and Procedural Law

of the 

Viceroyalty of Hyspia

 

 

---

PREAMBLE

The Lex Hyspia stands as the legal code of the Viceroyalty of Hyspia and is the system of regulations recognized by the royal government of the Viceroyalty of Hyspia to which any and all individuals within the territories and borders of the Viceroyalty of Hyspia are bound with the exception of the Viceroy and the Crown Prince. 

 

The Lex Hyspia is enforced by the imposition of penalties against those not conducting themselves and their behavior in a manner in accordance with the law. Furthermore, the books, codes and sections found within the Lex Hyspia are always subject to be revised and edited by royal decree of His Highness, the Viceroy of the Viceroyalty of Hyspia.

 

---

 

BOOK I 

Civil law regarding Hyspian citizens and foreigners

 

Code I; Application and enforcement of law

 

§1 The Viceroyalty of Hypsia and her subsequent ministries, ruled and governed under the reigning sovereign of the nation, have the right to uphold the law and ensure peace and order within the Viceroyalty in accordance with the Lex Hyspia.

 

§2 The Lex Hyspia binds all men and women before the law equally, regardless of name, ethnicity, citizenship or gender with the exception of the Viceroyal and the Crown Prince of the Viceroyalty of Hyspia.

 

§3 The Lex Hyspia is universally applied within the borders and territory of the Viceroyalty of Hyspia.

 

§4 The Lex Hyspia, her Books, Codes and Sections are to be enforced by a minister/member of the royal council  and those agents of the law employed by the aforementioned minister/ council member who has been officially appointed through royal decree.

 

§5 All matters of conflict between two individuals within the Viceroyalty of Hyspia are to take place either in private settlement amongst the two parties or before a court of law.

 

§6 The enforcement of the Lex Hyspia may only be carried out within the territories and borders of the Viceroyalty of Hyspia, except such enforcement is carried out within a nation which has given explicit permission for such to occur. 

 

§7 It is always assumed that Ignorance of the Lex Hyspia by those to whom it is applied is not assumed.

 

§8 Foreigners to the Viceroyalty of Hyspia are expected to conduct themselves accordingly in respect to the current legislation put in place through the Lex Hyspia.

 

§9 Each Book. Code and Section of the Lex Hyspia is to be in harmony and are not to contradict one another.

 

---

 

Code IIa; The rights of Hyspian citizens

 

§1 Each and every citizen of the Viceroyalty of Hyspia has the right to move freely within the territories and borders of the Viceroyalty of Hyspia.

 

§2 Each and every citizen of the Viceroyalty of Hyspia has the right to defend themselves against unprovoked attacks.

 

§3 Each and every citizen of the Viceroyalty of Hyspia has the right to own land and property within the Viceroyalty of Hyspia.

 

§4 Each and every citizen of the Viceroyalty of Hyspia has the right to a due process of law before a Judge of the Viceroyalty of Hyspia.

 

§5 Each and every citizen of the Viceroyalty of Hyspia has the right to not be bound in shackles to another person.

 

Code IIb; The duties of Hyspian citizens

 

§1 Each and every citizen of the Viceroyalty of Hyspia has the duty to support and defend the Viceroyalty from internal or external threats.

 

§2 Each and every citizen of the Viceroyalty of Hyspia has the duty to respect and obey the laws of the Viceroyalty of Hyspia.

 

§3 Each and every citizen of the Viceroyalty of Hyspia has the duty to never take up arms against their homeland and stand loyal with the royal family.

 

§4 Each and every citizen of the Viceroyalty of Hyspia has the duty to answer a call to defend their homeland during times of war.

 

---

Code IIIa; The Succession and heritage of Hyspian citizens

 

§1 Following the death of an individual, their funds, estates, hereditary titles and further possessions are to be divided in accordance with the existing will of the aforementioned individual.

 

§2 If no will is present, the individual’s funds, estates, and further possessions are to be equally divided amongst the direct and adopted offsprings of said individual. Hereditary titles are to be granted to the eldest  direct offspring.

 

§3 If there exists no legal heir to the funds, estates or further possessions of an individual the aforementioned are to be absorbed into the care of the government until a legal heir presents themselves.

 

§4 Each legally binding will must contain the signature of the individual whose funds, estates or further possessions are to be considered heritage.

 

§5 Following the death of an individual, their potential will and exact funds, estates and possessions which are to be inherited by his or her heirs must be presented before the by official decree of the Viceroy appointed head of legal matters before aforementioned possessions may be inherited.

 

Code IIIb; The Succession of the titles and heritage within the royal family

 

§1 Following the death of the Viceroy of the Viceroyalty of Hyspia, their titles, estates, funds and god-given right to rule is passed down directly to the heir of the deceased. 

 

§2 The heir is to be considered the eldest male child of the monarch.

 

§3 If no male offsprings of the monarch are alive, the heritage is passed to the eldest daughter.
 

§4 If no offspring of either gender is alive, the heritage is passed to the eldest male sibling of the deceased.
 

§5 If no male sibling is alive, the heritage is passed to the eldest female sibling.

 

§6 If no siblings of either gender are alive, the heritage is passed to the eldest uncle.
 

§7 If no male uncles are alive, the heritage is passed to the eldest aunt.

 

§8 If no uncles or aunts are alive, the heritage is passed to the eldest male offspring of said uncle and the aforementioned rules of succession reapply.

 

---

Code IV; Governmental Offices 

 

§1 The Royal Government of the Viceroyalty of Hyspia stands as a royal council of ministers, each with their respective obligations and duties, who have been appointed by the Viceroy of Hyspia through royal decree.

 

§2 His/Her Highness, the Viceroy of the Viceroyalty of Hyspia, stands as the head of state and as the absolute monarch of the nation. It is through his/her royal decrees, which constitute as laws, that the Viceroyalty is led. 

 

§3 The Crown Prince/Princess of the Viceroyalty of Hyspia is the eldest son or daughter of the currently reigning Viceroy. While they have no direct governmental involvement, the Crown Prince/Princess has an indirect advisory position. 

 

§4 The Chancellor of the Viceroyalty of Hyspia is the head of the royal government. They are responsible for chairing Cabinet meetings, suggesting the appointment of governmental offices, the overseeing of the day-to-day operations of the government and formulating government policy alongside the Viceroy.

 

§5 The Head-Diplomat of the Viceroyalty of Hyspia is the main royal envoy tasked by the monarch with the establishment of diplomatic relations, agreements and pacts between the Viceroyalty and foreign nations. They present the nation itself through their actions and conduct.

 

§6 The Capitán of the Viceroyalty of Hyspia is the commanding officer of the military of the Viceroyalty of Hyspia. They are tasked with securing peace and order within the Viceroyalty of Hyspia, defending the nation and her citizens from both internal and external threats and the enforcement of the law within the borders and territories of the Viceroyalty of Hyspia.

 

§7 The Justiciero of the Viceroyalty of Hyspia is the head of the Ministry of Justice and is tasked with organizing the justice system, overseeing the appointment of judges and maintaining the legal system and public order. They furthermore stand as the appellate court and directly overview verdicts and punishments given.

 

§8 The Head Steward of the Viceroyalty of Hyspia is tasked with the overseeing and organizing of the housing structure and taxation within the Viceroyalty of Hyspia. They are furthermore tasked with the collection of rent and tax as well as the sale of houses within the Viceroyalty of Hyspia and the enforcement of evictions. 

 

 

---

 

Code V; Legal documents and decrees

 

§1 A document or decree stands as a written piece of text which conveys information regarding a specific transaction between multiple or singular entities or individuals.

 

§2 Decrees and documents are to be either defined as private or governmental texts.
 

§2a A royal decree or document must have been issued and published publicly with the authority and signature of either a member of the Viceroyalty’s government or the Viceroy themselves. These are legally binding and are to be considered additions to the Lex Hyspia.
 

§2b A private decree of document must be issued with the consent of all involved parties and may not involve transactions which stand against the spirit of the law.

 

 

---

 

Book II

Criminal law regarding Hyspian citizens and foreigners conducting themselves against the spirit of the law.

 

Code I; Definitions 

 

§1 A criminal is an individual who has willingly committed a breach against a law presented either through royal decree or the Lex Hyspia.

 

§2 An Officer is an agent of the law who may conduct arrests and punishments following a judge’s verdict.

 

§2 A judge is an officially appointed agent of the law who is tasked with overseeing a trial and conduct rulings and issue punishments.

 

§3 A lawyer is an individual schooled in the Lex Hyspia who may represent a criminal during the trial.

 

§4 A crime is defined as a breach of the Lex Hyspia in any way or form.

 

§5 A verdict is a ruling issued by a judge regarding punishment or release of a criminal.

 

§6 A witness is an individual who has seen or heard a law being broken and a crime committed.

 

§7 Evidence is defined as any form of legally obtained information regarding a legal dispute or trial.

 

§8 A trial is defined as an occurrence during which the guilt of an individual who has allegedly committed a crime is determined. 

 

 

---

 

Code II; Injuries to private body, soul and property

 

§1 Harm caused to an individual , intentionally or unintentionally, by another individual which is not permanent.

 

§2 Harm caused to an individual, intentionally or unintentionally, by another individual which is permanent.

 

§3 The slander and defamation of an individual’s name and reputation intentionally by another individual. 

 

§4 The killing of an individual, intentionally or unintentionally, by another individual.

 

§5 The abducting of an individual by another individual.

 

§6 The stealing of an individual’s property intentionally or unintentionally.

 

§7 The damaging or destroying of an individual’s property intentionally or unintentionally.

 

§8 The trespassing upon another individual’s estate intentionally or unintentionally.

 

§9 The threat of committing any of the above to an individual. 

 

 

---

 

Code III; Crimes against the state

 

§1 Acting in a manner with the intent to harm or deal damage to the integrity of the nation and or the royal family within or outside of the borders and territories of the Viceroyalty of Hyspia.

 

§2 Attempting to act in a manner with the intent to harm or deal damage to the integrity of the Viceroyalty of Hyspia and or the royal family of Hyspia.

 

§3 The hindering of the Viceroyalty of Hyspia’s governmental duties and work intentionally or unintentionally.

 

§4 When an individual who acts as an agent of the state willingly takes a bribe from another individual.

 

§5 When an individual issues a bribe to another individual who acts as an agent of the state.

 

§6 When an individual, who acts as an agent of the state willingly attempts to take a bribe from another individual.

 

§7 When an individual attempts to issue a bribe to another individual who acts as an agent of the state.

 

§8 When an individual fails to pay due taxes and or due rent for an estate owned by the Viceroyalty of Hyspia.

 

§9 When an individual fails to pay for a fine issued by the court as a punitive measure. 

 

§10 When an individual fails to appear before a court of law after being summoned to it without due cause and informing the appropriate officer.

 

§11 When an individual attempts to spark an uprising within the borders and territories of the Viceroyalty of Hyspia against the state.

 

 

---

 

Code IV; Crimes against the faith

 

§1 When an individual intentionally commits heathen or blasphemous acts.

 

§2 When an individual declares themselves as atheist.

 

§3 When an individual partakes in devilous or heretical activities against DIOS. 

 

§4 When an individual partakes in witchcraft.

 

 

---

 

Book III

Procedural law regarding the Hyspian government and legal system

 

Code I; Duties of the government

 

§1 The Royal Government of the Viceroyalty of Hyspia is to always operate and conduct itself within the spirit of the law and in the best interest of Hyspia and her people. 

 

§2 The Royal Government of the Viceroyalty of Hyspia has the duty to defend its territories as well as the duty to uphold law and order within said territories.

 

§3 The Royal Government of the Viceroyalty of Hyspia must ensure social and economic stability within its borders.

 

§4 The Royal Government of the Viceroyalty of Hyspia has the duty to execute the will and order of the Viceroy of Hyspia through their by royal decree appointed offices.

 

 

---

 

Code II; Criminal procedures

 

§1 Once a crime has been committed, the criminal is to be taken into custody and await trial.

 

§2 During the time period of the arrest until the trial, evidence must be investigated and witnesses must be summoned to testify to the truth of the matter. 

 

§3 Any and all evidence, regardless of in or against favor of punishment, must be presented at court.

 

§4 A trial must consist of 3 parties; The Judge, the Defense and the Prosecution. 

 

§5 A judge must always act in an impartial and fair nature.

 

§6 After the gathering of evidence, such is presented before the judge. Said judge shall then decide if the evidence is sufficient for a trial to proceed.
 

§6a If no sufficient evidence was gathered, the accused is to be let free.

§6b If sufficient evidence was gathered, the trial is to commence.

 

§7 The trial is to follow a format as declared by the judge and as per their ruling.

 

§8 Following the examination of witnesses and evidence, the judge shall come to a ruling and give their verdict. 

 

§9 Each verdict given by a judge must be in accordance with the severity of the crime committed and the crime itself.

 

§10 The verdict is to be carried out directly following the ruling.

 

 

---

 

Code III; Private legal procedures

 

§1 All matters of legal conflict between two existing parties are to be carried out before a court of law, unless both parties consent to a settlement.

 

§2 Before a trial may commence, the suing party must present their evidence and claims to a judge who then decides if the dispute is to be handled before a court of law.
 

§2a If no sufficient evidence or claim is presented, the application is denied.
 

§2b If sufficient evidence and claim is presented, a date between the judge and the two parties is to be negotiated for a trial to occur.

 

§3 Once a time and date has been chosen, both parties are to present their evidence before the court.

 

§4 Following the presentation of the evidence, the presiding judge shall then make a ruling in accordance with the spirit of the law.

 

§5 This verdict is to be carried out directly following the ruling, but may also be issued at a later date.

 

 

 

---

Signed,

His Highness, Cesar Monet-de Pelear, Viceroy of Hyspia, Lord of Niseep and Gereon's Hold.

Cesar Monet-de Pelear