The Royal Codex of the Kingdom of Balian: Volume I: Lex Criminalis and Processus Iudicialis

[Kingdom of Balian 498]

The Royal Codex of the Kingdom of Balian

Volume I: Lex Criminalis and Processus Iudicialis

 

 

Table of Contents:

 

INTRODUCTION

I. General Provisions

II. Exordium On Royal Authority

III. Excerpt Upon the Rights of Man

 

LEX CRIMINALIS

Article I - On Definitions

Article II - On Injury against the Person

Article III - On Injury against Property

Article IV - On Injury against the State

Article V - On Injury against Morality

Article VI - On Injury against Order

Article VII - On Inchoate Offenses

Article VIII - On Legal Classifications

 

PROCESSUS IUDICIALIS

Article I - On Summoning the Court 

Article II - On Trial upon Arrest 

Article III - On Legal Procedure

Article IV - On Fines 

Article V - On Physical Punishment 

Article VI - On Exiles 

Article VII - On Death Sentences

Article VIII - On Prisoners of War 

Article IX - On Military Criminals

Article X - On Peer Criminals

Article XI - On Trials of Treason

Article XII - On Defense

Article XIII - On Repeat Offenders

 

INTRODUCTION

 

General Provisions

 

The Kingdom of Balian: The country in which these laws apply. Constitutes all lands and titles held by the Monarch of Balian and his Vassals.

 

King (or Queen) of Balian: The Reigning Monarch of the Kingdom of Balian. 

 

The Crown: The sovereign of the Kingdom of Balian, which controls the Company of Balian and the Balian Peerage and rules under the direction and advice of the Duana.

 

The Royal Codex (TRC): The tomes that shall together cover all laws of the Kingdom of Balian. This First Volume, Lex Criminalis and Processus Iudicialis, shall cover Criminal Law and Judicial Procedures. The Second Volume, Lex Civilis, shall cover Civil Law.

 

The Amiratus: The Amiratus is the chief minister of the Kingdom 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. Thus he may also serve as a magistrate in all trials, along with the King and Magister.

 

The Duana: The various stately offices of the Kingdom of Balian, they are comprised of the Amiratus, 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 advise the Kingdom on all matters deemed to be necessary by His Royal Majesty.

 

Balian Peerage: The lettered nobility of the Kingdom of Balian.

 

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

 

 

Exordium On Royal Authority 

 

Excerpt Upon the Nature of Royal Authority 

 

It is the crown of piety that adorns the King above all other ornaments of kingship. Wealth vanishes; glory perishes, but the gift of God-given government is eternal, and it sets its possessors beyond the reach of oblivion. 

 

By the hand of Holy Pontiffs, the King is bestowed a dignity beyond all honors, for it is a dignity bestowed by God. His soul is rendered pure upon ascent and thenceforth reflects the state of his dominions; if sallow be his domain, his spirit languishes in its equal. He weighs the sins of men, and is thus burdened to toil towards a realm kin to the heavens. 

 

By the nature of his body, the King is alike to other men--but by his authority, he is above all others, and no man can claim greater jurisdiction. The Royal Office is that of the Lord’s vice-regent in this world, and is wholly unbound by common or temporal law. He is inalienable and indomitable, as he must be so as to govern justly and fairly. 

 

In receiving this dignity, the King is compelled to emulate He who granted it, for though all men serve him, he is servant to God. Earthly pomp degrades the majesty of his office, as does wickedness and laxity. To afford wisdom and mercy akin to the Lord’s is the King’s greatest faculty; he is credited with greater capacity than any other to work justice. 

 

Yet no man is his judge, and God his only confessor. The King is eminent in all things; he is above the sun that retreats before darkness, and the seas which accede to the ravings of the stars. He is greater than the winds which toss without abandon, and the earth that lays indolent still despite calamity. The King of Balian manifest: successor to its prophets and master to the world, the sovereign of all humanity who provides that esteemed folk with just governance. 

 

- Prince-Father Charles Polycarp, Metropolitan of Felsen, 1527 

 

 

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 Royal 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 accused of a crime shall be subject to punishment or penalty without first having been judged so by a jury of his peers; having been allowed fair and proper representation; and to always be presumed innocent until proven guilty.

 

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. 

 

- Joseph I, 1718 

 

 

 

LEX CRIMINALIS

   

Article I - On Definitions

 

Art. I.01 - The activity of the Lex Criminalis is to elucidate our wishes for the dispensation of justice within our realm. At our charge, its precepts are enacted, and in our absence, they shall service the state in contending against iniquity. We thus commit our servants to see to its righteous execution, in accordance with the three principles of law: to live virtuously, to trespass no one, and to give each his due. 

 

Art. I.02 - Thus we consider all crime to be an injury against one of the five following areas: the individual, property, the state, morality, or public order. Additionally, the seventh chapter concerns inchoate offenses, and the eighth legal defenses for the mitigation of punishment. 

 

Art. I.03 - Of the offenses enumerated herein, each is classified according to its degree, upon which culpability and just punishment shall be evaluated. The applicable sanction for each crime and degree of injury are recorded within Title I. These degrees are: 

 

Art. I.03A - Infractions, of least severity, include the appropriated sentences: monetary fine up to two hundred and fifty mina, disbarring from public office for up to two annum, confinement to prison for up to two annum, banishment up to two annum, conscription up to five annum, designated service to faith up to five annum, flogging up to fifteen lashes, birching up to fifteen lashes, pillory up to one hour, branding by hot iron on the chest or buttocks.

 

Art. I.03B - Misdemeanors, of middling severity, include the appropriated sentences: monetary fine up to five-hundred mina, disbarring from public office for up to ten annum, confinement to prison for up to ten annum, banishment up to ten annum, conscription up to twenty annum, designated service to faith up to twenty annum, flogging up to thirty lashes, birching up to thirty lashes, pillory up to three hours, branding by hot iron on a limb, chest, or buttocks.

 

Art. I.03C - Felonies, of great severity, include the appropriated sentences: monetary fine of up to a thousand mina, disbarring from public office for up to a lifetime, confinement to prison for up to a lifetime, banishment up to a lifetime, conscription up to a lifetime, designated service to faith up to a lifetime, flogging up to sixty lashes, birching up to sixty lashes, pillory up to three hours, branding by hot iron on a limb, chest, buttocks, or face, removal of the hand, tongue, or a number of fingers, execution by hanging or beheading.

 

Art. I.03D - Treason, of intolerable severity, includes the appropriate sentences: execution by hanging or beheading, execution by crossbow or arbalest if the offender is an enlisted soldier. 

 

Art. I.04 - In disputes between nobles, knights, or squires, where the primary harm is against the honor or character of the defendant (Art. II.08A, Art. II.08B, Art. II.08C, Art, III.06A, Art. III.09A, Art. V.01A, Art. V.02A, and Art. V.03A), a trial may be forgone if both parties agree to a duel, with clearly defined terms which must be mutually agreed to without duress or pressure upon either party. In the case of the defendant winning the duel, the charges are to be dropped. In the case of the defendant losing the duel, they are to be sentenced by the court with punishments in line with the severity of the crime committed.

 

Art. I.05 - Retroaction of All laws, unless otherwise stated, take effect on the moment of ascent and do not apply retroactively to previous time periods. Laws which act retroactively must state such in an ex post facto clause. 

 

_______________________________________________________________________________________________________________

 

Article 2 - On Injury Against the Person 

 

Art. II.01 - On Assault 

 

II.01A - Where an individual intentionally makes an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another, this shall be Assault, a misdemeanor. 

 

Art. II.02 - On Battery 

 

II.02A - Where an individual intentionally commits upon another an unlawful act of violence which brings about lasting but not permanent injury, incapacitates for any length of time, or utilizes a dangerous weapon, this shall be Battery, a misdemeanor.

 

II.02B - Where an individual unintentionally physically harms a member of the Royal House or Duana, this shall be Harmed Majesty, a felony. 

 

II.02C - Where an individual intentionally physically harms a member of the Royal House or Duana, this shall be Harmed Majesty, and charged with the penalty of Treason.

 

Art. II.03 - On Manslaughter 

 

II.03A - Where an individual brings about the death of another without malice or intent through an accident or an act of recklessness or negligence, this shall be Involuntary Manslaughter, a felony. 

 

II.03B - Where an individual brings about the death of another without malice upon a sudden quarrel or heat of passion, this shall be Voluntary Manslaughter, a felony. 

 

II.03C - Where an individual kills a member of the Royal House or Duana without malice, this shall be the crime of Killing of a Government Official, and charged with the penalty of Treason.

 

Art. II.04 - On Murder 

 

II.04A - Where an individual intentionally commits such an act of violence upon another which brings about their death with premeditation, this shall be Murder of the First Degree, a felony.

 

II.04B - Where an individual intentionally commits such an act of violence upon another which brings about their death without premeditation, this shall be Murder of the Second Degree, a felony.

 

II.04C - Where an individual murders a member of the Royal House or Duana, with or without premeditation, this shall be the crime of Murder of a Government Official, and charged with the penalty of Treason.

 

Art. II.05 - On Mayhem

 

II.05A - Where an individual intentionally or negligently commits such an act as to bring about the dismemberment of another, the destruction of an eye or other irreparable loss of an appendage or organ, this shall be Mayhem, a felony. 

 

II.05B - Where an individual imposes, threatens, or engages in the clipping of ears, this shall be Shearing, a felony.

 

Art. II.06 - On Kidnapping

 

II.06A - Where an individual intentionally abducts, restrains, or confines another individual against their will without physical harm or endangerment of the victim, this shall be Kidnapping, a misdemeanor. 

 

II.06B - Where an individual intentionally abducts, restrains, or confines another individual against their will, and in the course of this brings about physical harm or endangerment of the victim, this shall be Kidnapping, a felony.

 

 II.06B - Where an individual intentionally abducts, restrains, or confines a member of the Royal House or Duana against their will, with or without threat of harm or endangerment, this shall be Kidnapping of a Government Official, with the penalty of Treason.

 

Art. II.07 - On Hostages 

 

II.07A - Where an individual who commits the offense of kidnapping, as defined in Art. II.06, against a person for the purposes of protection from arrest, which substantially increases harm to the victim, this shall be Hostage Taking, a felony. 

 

Art. II.08 - On Defamation 

 

II.08A - Where an individual disseminates false information about an individual, with intent to harm the reputation of that individual, through speaking in a private setting or limited manner, this shall be Slander, an infraction. 

 

II.08B - Where an individual disseminates false information about an individual, with intent to harm the reputation of that individual, through speaking in a public space or widespread manner, this shall be Slander, a misdemeanor.

 

II.08C - Where an individual disseminates false information about an individual, with intent to harm the reputation of that individual, through the distribution of printed materials, this shall be Libel, a misdemeanor. 

 

II.08D - Where an individual intentionally and deliberately defames a member of the Royal House or Duana, or the Royal House or Duana as a whole, this shall be Injured Majesty, a felony.

 

Art. II.09 - On Impersonation 

 

II.09A - Where an individual intentionally assumes the identity of another individual for any purpose except the carrying out of high treason, this shall be impersonation, an infraction. 

 

II.09B - Where an individual intentionally assumes the identity of another individual in order to carry out high treason, this shall be impersonation, charged with the penalty of Treason. 

 

Art. II.010 -  On Torture and Cruel and Unusual Punishment 

 

II.010A - Where an individual intentionally afflicts another with injury for revenge or coercion of one party to another, this shall be Torture, a felony.

 

II.010B - Where an individual sustains the imprisonment of an individual who is below the age of majority, this shall be the Imprisonment of a Minor, a misdemeanor. 

 

II.010C - Uses of torture and enhanced interrogation may only be employed with an expressly written and signed writ from a Royal Magistrate in a court of law. The provision of this amendment and due process for the permission of torture by a court of law shall be waived for those deemed as enemy combatants of the Kingdom of Balian. 

 

Art. II.011 - On Malpractice 

 

II.011A - Where an individual knowingly mistreats or denies necessary care to a patient to a point of great damage, this shall be defined as Malpractice, a misdemeanor. 

 

II.011B - If an individual knowingly mistreats or denies necessary care to a patient to the point of death, this shall be treated as Murder in the First Degree, a felony.

 

_______________________________________________________________________________________________________________

 

Article III - On Injury Against Property 

 

Art. III.01 - On Theft and Larceny

 

III.01A - Where an individual intentionally deprives another of moveable property without the consent of its owner, and this property totals less than fifty minas in value, this shall be Petty Theft, an infraction. 

 

III.01B - Where an individual intentionally deprives another of moveable property without the consent of its owner, and this property totals greater than fifty minas but less than five hundred minas in value, this shall be Larceny, a misdemeanor. 

 

III.01C - Where an individual intentionally deprives another of moveable property without the consent of its owner, and this property totals greater than five hundred minas in value, this shall be Grand Larceny, a felony. 

 

III.01D - Where an individual intentionally deprives a member of the Royal Family, a Noble House of the Peerage, or a member of the Duana of moveable property without the consent of its owner, or steals state-owned property, and this property is of little monetary, sentimental, governmental, or historical value, this shall be Larceny against a Government Official, a felony.

 

III.01E - Where an individual intentionally deprives a member of the Royal Family, a Noble House of the Peerage, or a member of the Duana of moveable property without the consent of its owner, or steals state-owned property, and this property is of significant monetary, sentimental, governmental, or historical value, this shall be Grand Larceny against a Government Official, a crime of Treason.  

 

Art. III.02 - On Burglary 

 

III.02A - Where an individual unlawfully enters an uninhabited property this shall be Petty Burglary, a misdemeanor.

 

III.02B - Where an individual unlawfully enters an inhabited property, this shall be Burglary, a felony. 

 

III.02C - Where an individual unlawfully enters the restricted or private property of a member of the Royal Family, a Noble House of the Peerage, a Duana Member, or of the Government, this shall be Burglary of Government Property, a crime of Treason.

 

Art. III.03 - On Possession of Burglary Tools 

 

III.03A - Where an individual is in possession of any tool, explosive or any other device commonly used in the commission of a burglary, theft or other crime with the intent to make use thereof in commission of a crime, this shall be Possession of Burglary Tools, an infraction.

 

Art. III.04 - On Robbery 

 

III.04A - Where an individual intentionally deprives an owner of his moveable property through violence or threat of violence, this shall be Robbery, a felony.

 

III.04B - Where an individual intentionally deprives a member of the Royal Family, a Noble House of the Peerage, or the Duana of his moveable property through violence or threat of violence, this shall be Robbery of a Government Official, a crime of Treason.

 

Art. III.05 - On Forgery 

 

III.05A - Where an individual, with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person, this shall be Forgery, an infraction. 

 

Art. III.06 - On Vandalism 

 

III.06A - Where an individual intentionally or negligently damaged or defaced the property of another, and this damage is of small or moderate amounts, this shall be Vandalism in the Second Degree, an infraction. 

 

III.06B - Where an individual intentionally or negligently damaged or defaced the property of another, and this damage is of great amounts, this shall be Vandalism in the First Degree, a misdemeanor. 

 

Art. III.07 - On Arson 

 

III.07A - Where an individual negligently damages or defaces the property of another through fire, this shall be Arson in the Second Degree, an misdemeanor. 

 

 III.07B - Where an individual intentionally damages or defaces the property of another through fire, this shall be Arson in the First Degree, a felony. 

 

Art. III.08 - On Trespassing 

 

III.08A - Where an individual refuses to leave another’s property, or returns to a property they’ve been barred from, this shall be Trespassing, an infraction.

 

III.08B - Where an individual refuses to leave the private property of a member of the Royal Family, a Noble House of the Peerage, a Duana Member, or a restricted part of a Government property, or returns to such a property that they’ve been barred from, this shall be Trespassing on Government Property, a felony.

 

Art. III.09 - On Bad Debt 

 

III.09A - Where an individual fails to resolve a relatively small or moderate debt to another individual in a reasonable amount of time, this shall be Bad Debt in the Second Degree, a misdemeanor. 

 

III.09B - Where an individual fails to resolve a relatively large debt to another individual in a reasonable amount of time, this shall be Bad Debt in the First Degree, a felony. 

 

III.09C - Before convicting an individual of Bad Debt, a court should look to seize an individual's assets. 

 

_______________________________________________________________________________________________________________

 

Article IV - On Injury Against the State 

 

Art. IV.01 - On Treason and Sedition 

 

IV.01A - Where an individual commits acts with the intent to compromise the integrity of the Crown and its constituent institutions by waging insurrection and seeking the destruction of the Royal State by impugning the character and person of the Crown through subversive means such as collusion with enemy entities and actors against the State, this shall be the crime of Treason. 

 

IV.01B - Where an individual commits acts with the intent to compromise the integrity of the Crown and its constituent institutions by waging insurrection, committing acts of violence, or raising flag in rebellion against the Royal State, this shall be the crime of Treason.

 

IV.01C - Where an individual intentionally distributes writings that incite people to rise in insurrection, commit acts of violence or raise their flags against the Crown or encourage others through speech to rise in insurrection, commit acts of violence or raise their flags against the Crown, this shall be be the crime of Treason.

 

Art. IV.02 - On Contraband 

 

IV.02A - Where an individual knowingly possesses illegal substances, literature, or items, this shall be the crime of Contraband, an infraction. 

 

IV.02B - Where an individual knowingly sells, markets, purchases, or transfers ownership of illegal substances, literature, or items, this shall be the crime of Contraband, a misdemeanor. 

 

IV.02C - Where an individual knowingly manufactures illegal substances, literature, or items, this shall be the crime of Contraband, a felony. 

 

 

Art. IV.03 - On Obstruction 

 

IV.03A - Where an individual interferes with, obstructs the progress of, or otherwise hinders government officials and prosecutors during the apprehension or investigation of a criminal or criminal activity, this shall be the crime of Obstruction, an infraction. 

 

Art. IV.04 - On Absconding 

 

IV.04A - Where an individual fails or intentionally avoids surrendering oneself to the custody of Royal officials at the appropriate time, this shall be the crime of Absconding, and in the case of the awaiting trial immediately confirms guilt, dismissing the need for lawful hearing.

 

Art. IV.05 - On Bribery 

 

IV.05A - Where an individual persuades or attempts to persuade any judicial officer, juror, referee, arbitrator, public official, government official, or any person who may be authorized by the law to hear or determine any question or controversy, with the intent to influence their vote, opinion or decision with a monetary gift, this shall be Bribery, a misdemeanor. 

 

IV.05B - Where an judicial officer, juror, referee, arbitrator, public official, government official, or any person who may be authorized by the law to hear or determine any question or controversy accepts or attempts to accept a monetary gift, for the intent of influencing their vote, opinion or decision, this shall be Bribery, a felony. 

 

Art. IV.06 - On Extortion 

 

IV.06A - Where an individual obtains money, titles, or other property from another with his or her consent, or the obtaining of an official act from a public office, induced by a wrongful use of force or fear, this shall be Extortion, a misdemeanor. 

 

Art. IV.07 - On Perjury 

 

IV.07A - Where an individual intentionally misleads, deceives, or withholds pertinent information from an interrogating agent of the law during the course of a criminal or civil trial, this shall be Perjury, a felony. 

 

IV.07B - Where an individual intentionally misleads, deceives, or withholds pertinent information from an interrogating agent of the law during the course of a trial of treason, this shall be Perjury, charged with the penalty of Treason. 

 

Art. IV.08 - On Fraud 

 

IV.08A - Where an individual intentionally or negligently fails to abide by the terms of a written or verbal contract, misleads regarding its terms, or provides insufficient consideration for its completion, to the detriment of another, and this detriment is of small or moderate amounts, this shall be Fraud, an infraction. 

 

IV.08B - Where an individual intentionally or negligently fails to abide by the terms of a written or verbal contract, misleads regarding its terms, or provides insufficient consideration for its completion, to the detriment of another, and this detriment is of great amounts, this shall be Fraud, a misdemeanor.

 

Art. IV.09 - On Embezzlement 

 

IV.09A - When a government official intentionally or negligently, steals, withholds, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the Balianian Kingdom, this shall be Embezzlement, charged with the penalty of Treason.

 

Art. IV.010 - On Unauthorized Military Organizations 

 

IV.010A - When an individual intentionally or negligently operates as a part of an organization that meets the definition of a private military organization and is operating under an expired authorization, this shall be an Unauthorized Military Organization in the Second Degree, an infraction. 

 

IV.010B - When an individual intentionally or negligently operates as a part of an organization that meets the definition of a private military organization and has not received proper authorization, this shall be an Unauthorized Military Organization in the First Degree, a misdemeanor. 

 

Art. IV.011 - On Disobedience

 

IV.011A - Where an individual refuses to appear before the Royal Diet after being summoned by one of its chambers, this shall be the crime of disobedience, an infraction. 

 

IV.011B - Where an individual refuses to appear before the Royal Courts after being summoned by its presiding Justice, this shall be the crime of Petty Disobedience, an infraction. 

 

IV.011C - Where an agent of the law refuses to enforce a ruling, writ or order of the Royal Courts, this shall be the crime of Disobedience, a misdemeanor. 

 

IV.011D - Where an individual refuses a direct order of a member of the Royal Family or Duana, this shall be the crime of Disobedience, a felony. 

 _______________________________________________________________________________________________________________

 

Article V - On Injury against Morality 

 

Art. V.01 - On Indecency 

 

V.01A - Where an individual intentionally and deliberately dresses in an immoral or obscene fashion, usually in a sexual manner, this shall be the crime of Indecency, an infraction. 

 

Art. V.02 - On Deviancy 

 

V.02A - Where an individual intentionally acts in unusual or unaccepted standards, especially in social or political behavior, this shall be the crime of Deviancy, an infraction. 

 

Art. V.03 - On Obscene Materials 

 

V.03A - Where an individual possesses materials that are determined to be obscene to a reasonable person, this shall be the crime of Obscene Materials, an infraction. 

 

Art. V.04 - On Fornication

 

V.04A - Where an unmarried individual intentionally fornicates another individual in a public or private location, this shall be the crime of Fornication, an infraction. 

 

Art. V.05 - On Adultery 

 

V.05A - Where a married individual intentionally fornicates with another who is not the spouse, this shall be the crime of Adultery, a misdemeanor. 

 

Art. V.06 - On Consanguinity 

 

V.06A - Where an individual intentionally fornicates or has an immoral relationship with one’s close family, such as with father, with mother, with siblings, with aunts, with uncles, with nieces or nephews, with close cousins, or with offspring, this shall be the crime of Consanguinity, a misdemeanor.

 

V.06B - Where the Consanguineous parties are married under the Church of Canon, then a annulment of that marriage may be sought from them by the Magisterium. If the parties entered a civil union under the Kingdom of Balian, then that civil union can be nullified in addition to any other punishments for the consanguinity, as it is invalid per Lex Civilis Art. I.04H and I.04I.

 

Art. V.07 - On Devilry 

 

V.07A - Where an individual intentionally and actively participates in the worship of demons and devils, evangelizes the worship of demons and devils, or encourages the growth of demonic cults, this shall be the crime of Devilry, a felony. 

 

Art. V.08 - On Dark Magics

 

V.08A - Where an individual intentionally partakes or practices Necromancy, Mysticism, or Blood Magic, this shall be the crime of Dark Magic, a felony. 

 

V.08B - Where an individual is found to have become a Vampire, Azdrazi, Herald, Undead, Naztherak, or other Dark Creature or Entity, and who refuses any possible cure to their affliction, this shall be the crime of Dark Magic, a felony.

 

V.08C - Where an individual is found to be intentionally and knowingly harboring, hiding, or aiding Dark Mages or Creatures, this shall be the crime of Aiding in Dark Magic, a felony.

 

_______________________________________________________________________________________________________________

 

Article VI - On Injury against Order 

 

Art. VI.01 - On Vagrancy 

 

VI.01A - Where an individual intentionally lives the life of a vagrant, participating in improper begging, and illegally staying in residences and towns, this shall be the crime of Vagrancy, a misdemeanor. 

 

Art. VI.02 - On Concealment of Identity 

 

VI.02A - Where an individual intentionally conceals or hides one's identity to an agent of the law, this shall be the crime of Concealment of Identity, an infraction. 

 

Art. VI.03 - On Vigilantism 

 

VI.03A - Where an individual intentionally apprehends, convicts, or punishes another individual of a crime but is not an agent of the law or given permission by the Royal Office, this shall be the crime of Vigilantism, a felony. 

 

Art. VI.04 - On Disturbing the Peace 

 

VI.04A - Where an individual intentionally and deliberately hinders or interrupts the common peace by embellished performance or immoral behavior, this shall be the crime of Disturbing the Peace, a misdemeanor. 

 

_______________________________________________________________________________________________________________

 

Article VII - On Inchoate Offenses 

 

Art. VII.01 -  On Criminal Organizations and Entities

 

VII.01A - Where an individual of a criminal organization, or entity, has been convicted of a minimum of two offenses within the following tables of the TRC; Article II, Article III, Article IV, Article V, Article VI, or Treason. In which scenario any executive legal bodies of the Kingdom may enact the following law to further arrest, investigate and prosecute any individuals of the associated organization or entity, and is subject to the same class of punishment of the crime committed by the instigator.

 

VII.01B - Where an individual of a criminal organization, or entity, has been convicted of a minimum of two offenses within the following tables of the TRC; Article II, Article III, Article IV, Article V, Article VI, or Treason. In which scenario any executive legal bodies of the Kingdom may enact the following law to further cease and withhold any assets belonging to the specified criminal organization or entity.

 

Art. VII.02 -  On Crime by Association

 

VII.02A - Where an individual is directly associated with any convicted criminal, wherein evidence provided suggests cooperation between the convicted criminal and the individual, this shall be crime by association, and is subject to the same class of punishment of the crime of which the individual is associated with.

 

VII.02B - In which scenario any executive legal bodies of the Kingdom may enact the following law to further arrest, investigate and prosecute any individuals of the associated organization or entity, and is subject to the same class of punishment of the crime committed by the instigator.

 

_______________________________________________________________________________________________________________

 

Article VIII - On Legal Classifications 

 

Art. VIII.01 - On Conspiracy - Where an individual knowingly signals intent to commit a crime at a future time, this shall be the crime of conspiracy, and is subject to the same class of punishment of the crime which conspiracy is caused for. 

 

Art. VIII.02 - On Incitement - Where an individual intentionally incites or encourages another individual into committing a crime, this shall be the crime of incitement, and is subject to the same class of punishment of the crime which incitement is caused for. 

 

Art. VIII.03 - On Attempt - Where an individual actively attempts, but fails to commit, a crime, the individual shall be held liable with a mitigated punishment according to the crime which was attempted. 

 

Art. VIII.04 - On Inadmissible Evidence - Where an individual accuses another of a crime where evidence was obtained through criminal means, the individual accused is not held liable. 

 

Art. VIII.05 - To a willing person, it is not a crime - Where an individual consents or actively places oneself in a position of harm or danger, that individual may not bring a claim against another party in tort or delict. 

 

Art. VIII.06 - In Equal Fault - Where the individual held liable for a crime and the party convicting the individual for a crime is deemed both at fault, whether for the same crime or similar, both the individual and the convicting party shall not be held liable. 

 

Art. VIII.07 - On Duress  - Where an individual commits a crime intentionally, but under reasonably proximate threat of force equal to or less than the severity of the crime committed, that individual shall not be held liable. Rather, the individual responsible for the threat shall be held liable. 

 

Art. VIII.08 - On Entrapment - Where an individual is encouraged or compelled by an agent of the law to commit a crime they otherwise would not have intended to commit, that individual shall not be held liable. 

 

Art. VIII.09 - On Infancy - Where an individual is below the age of twelve years and commits a lesser crime, that individual shall not be held liable. If the individual commits a greater crime, the individual shall be held liable with mitigated punishment or lesser conviction. 

 

Art. VIII.10 - On Necessity - Where an individual is compelled by circumstances beyond their control, as a last resort, to commit a crime in order to prevent a more injurious outcome, that individual shall not be held liable. 

 

Art. VIII.11 - On Provocation - Where an individual is invoked or compelled by another individual to act with a sudden or temporary loss of self control and commits a crime as a response, the individual shall be held liable with mitigated punishment or lesser conviction. 

 

Art. VIII.12 - On Incapability - Where an individual is physically or mentally unable to meet the requirements given by law for punishment or conviction, the individual shall not be held liable. 

 

Art. VIII.13 - On Immunity - Where an agent of the law, in the course of their duties and acting within the bounds assigned to them, is compelled to commit a violation of the law, that agent shall not be held liable.

 

 

 

PROCESSUS IUDICIALIS

 

Article I - On Summoning the Court

 

  PI. I.01 - The Quaestor on the case, the intended Plaintiff, or the 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.

 

PI. I.02 - The Magister will review the letter and either approve or deny the case.

 

PI. I.03 - 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.

 

_______________________________________________________________________________________________________________

 

Article II - On Trial upon Arrest

 

    PI. II.01 - Should it be deemed necessary, a recently arrested criminal may be immediately taken to court for a trial.

 

    PI. II.02 - This should be approved by The Magister before occurring, but if necessary, can be skipped over. 

 

    PI. II.03 - Any available Kritai will oversee this case and any Quaestor or Lawyer will prosecute, after being given the information.

 

_______________________________________________________________________________________________________________

 

Article III - On Legal Procedure

 

PI. III.01 - At the start of a trial, all shall rise for the Kritai before they take a seat, officially beginning court.

 

PI. III.02 - 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.

 

PI. III.03 - 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.

 

PI. III.04 - The defense 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.

 

PI. III.05 - Both sides will then make their closing statements, which should again be paragraph sized, the prosecution first and then the defence.

 

     PI. III.06 - The Judge will finally render a verdict after hearing both closing statements, and then the punishment will be carried out by the Company of Balian. 

 

PI. III.07 - Objections are not to be allowed under any circumstances, as the Kritai will take into account anything they believe to be untoward.

 

PI. III.08 - All trials should be documented for future reference by a scribe.

 

_______________________________________________________________________________________________________________

 

Article IV - On Fines

 

PI. IV.01 - A fine may be given out by a NCO of the Company of Balian or above, or a Kritai on the spot, as long as the crime committed warrants a fine of under 500 mina.

 

    PI. IV.02 - All fines must be given to The Magister, who will subsequently hand the money over to The Procurator.

 

   PI. IV.03 - If unable to pay the fine, a person will receive either an exile or physical punishment, as decided by a Kritai.

 

_______________________________________________________________________________________________________________

 

Article V - On Physical Punishment

 

    PI. V.01 - 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.

 

PI. V.02 - The body part will be removed with a swift swing of a blade, it will then immediately be cauterized by fire, or any other medical procedure should a doctor be present to administer it.

 

_______________________________________________________________________________________________________________

 

Article VI - On Exiles

 

    PI. VI.01 - 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.

 

    PI. VI.02 - 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.

 

    PI. VI.03 - 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.

 

   PI. VI.04 - 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.

 

    PI. VI.05 - A letter shall be sent to the exiled individual once their period of exile is over, notifying them that they are free to return should they please.

 

_______________________________________________________________________________________________________________

 

Article VII - On Death Sentences

 

    PI. VII.01 - Should a person be sentenced to death, their death will be dealt with in a humane manner.

 

    PI. VII.02 - The punished may call for their last rites, as afforded to them by the canonist church, should they be a canonist.

 

    PI. VII.03 - When it comes time for the criminal to be killed, their head should be placed on a block, for them to be beheaded.

 

    PI. VII.04 - Customarily, it is the Kritai who should swing the sword killing the criminal, however this can be waived should a Kritai not be present.

 

_______________________________________________________________________________________________________________

 

Article VIII - On Prisoners of War

 

PI. VIII.01 - Should an enemy be captured in war, their fate may be decided by The Magister, a Kritai or any officer of the Company of Balian, with a trial being overlooked due to the circumstances.

 

PI. VIII.02 - Should there be a disagreement about how to handle this situation, the view of The Magister or Kritai will supersede the military officials.

 

_______________________________________________________________________________________________________________

 

Article IX - On Military Criminals

 

PI. IX.01 - If a member of The Company of Balian commits an offense that is not a higher assault, mutilation, murder or treason, they will be afforded a court martial, which the captain will oversee.

 

PI. IX.02 - If a member of The Company of Balian commits an offense that is not a higher assault, mutilation, murder or treason, they will receive a Magisterium investigation and a subsequent trial.

 

PI. IX.03 - If a member of The Company of Balian is found to have abused their powers to fine lower crimes or pass judgment in war time situations, they will receive a Magisterium investigation and a subsequent trial, potentially resulting in dishonorable discharge or another punishment.

 

_______________________________________________________________________________________________________________

 

Article X - On Peer Criminals

 

PI. X.01 - If a Peer commits an offense, once they have been investigated by the Magisterium, they will be trialed only by The Magister, The Amiratus, or The Reigning Monarch.

 

_______________________________________________________________________________________________________________

 

Article XI - On Trials of Treason

 

PI. XI.01 - A trial concerning the act of treason will only ever be trialed by The Magister, The Amiratus, or The Reigning Monarch.

 

_______________________________________________________________________________________________________________

 

Article XII - On Defence

 

PI. XII.01 - A defendant may call for their own lawyer to defend them in court should they want to.

 

PI. XII.02 - 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.

 

_______________________________________________________________________________________________________________

 

Article XIII - On Repeat Offenders

 

PI. XIII.01 - 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.

 

PI. XIII.02 - Should a criminal who commits low level crimes (Those who receive punishments under 500 mina) repeat their offenses, they will not be fined on the spot and subsequently be sent to trial.

 

Signed,

 

HIS EXCELLENCY, Robert Joseph de Lyons, Magister of the Kingdom of Balian

 

 

Spoiler

Credits to HIGH_FIRE and KamikazeReaper for the basis of this, and Wavey, Tada, and Shmeepicus for the help and advice they provided in compiling/editing it.

 

Edited April 30, 2023 by Kingdom of Balian