The Royal Codex of the Kingdom of Balian Addendum III: Lex Appellationes (Judicial Appeals)

[Kingdom of Balian 534]

The Royal Codex of the Kingdom of Balian

Addendum III: Lex Appellationes

 

Table of Contents:

 

LEX APPELLATIONES

Article I- - On Judicial Appeals

Article II- - Procedure for Appeals

 

LEX APPELATIONES

 

 Definitions

 

Appellationes (Appeals) - Request to apply to a higher court (The Magisterium) for the decision of a ruling to be reversed and remanded. 

 

Appellant - The party that is appealing the decision of a trial. 

 

Appellee - The party that is opposing the appeal. 

 

Errors - Mistakes committed in the trial regarding procedures, evidence and witnesses. 

 

Remand - Return the case to trial for a reconsideration. 

 

Article I - On Judicial Appeals

 

Art. I.01 - On Requesting for Appeal

 

I.01A - Appeals shall be submitted in either written or oral format to the Magisterium. 

 

I.01B - The Appellee may oppose the appeal and may submit a Brief in opposition - hereinafter known as an Opposition Brief - to the appeal.  

 

I.01C - A trial may be appealed within a time frame of three Saint’s Days for a non-capital crime, and one Saint’s Day for a capital crime, in which the execution may be held at the discretion of the Kritai.

 

I.01D - Upon reception, the Appeal and the Opposition Brief shall be discussed by the Magister, the Amiratus, and the Crown. 

 

I.01E - The Appeal shall be determined through a two-thirds or unanimous vote between the Magister, the Amiratus, and the Crown, or if the Crown overrules the vote. 

 

I.01F - If the Appeal is granted, the case shall be remanded to a renewed trial and the previous ruling shall be reversed. If there is new evidence regarding the remanded trial, it shall be admitted. 

 

I.01G - If the Appeal is denied, the previous ruling shall stand. The Appellant may not submit any further Appeals. 

 

 

Article II- - Procedure for Appeals

 

Art. II.01 - Guidelines for Appeals

 

II.01A - All Appeals must follow a standard and uniform format when submitted. 

 

II.01B - Appeals shall be submitted in the following format, either be it oral or written:

1. Title of the case.

 2. Date of the judgment of the case.

3. Statement of the facts of the case.

4. Summary of the judgment of the case.

 5. What error(s) were committed during the judgment of the case.

6. Why the error(s) require a retrial. 

 

II.01C - If the Appeal does not follow the format, the Magister has the ability to refuse to hear the Appeal. 

 

 

Art. II.02 - Guidelines for Opposition Briefs

 

II.02A - All Opposition Briefs must follow a standard and uniform format when submitted. 

 

II.02B - Opposition Briefs shall be submitted in the following format, either be it oral or written:

1. Title of the case.

2. Date of the judgment of the case.

3. Statement of the facts of the case.

4. Summary of the judgment of the case.

5. Justification for the judgment of the case.

6. Why a retrial is not necessary if there are no error(s).

 

II.02C - If the Opposition Brief does not follow the format, the Magister has the ability to refuse to hear the Opposition Brief. 

 

 

Signed,

HIS ROYAL EXCELLENCY, Gaius var Ruthern, Baron of Marsana, Amiratus of the Kingdom of Balian, Lord Seneschal of the Crown and Chief Minister of the Duana

 

His Excellency, Robert Joseph de Lyons, Magister of the Kingdom of Balian

 

 

Edited April 23, 2023 by Kingdom of Balian