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The Royal Codex of the Kingdom of Balian Addendum VI: Tractatus de Iustitia Universalis


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The Royal Codex of the Kingdom of Balian

Addendum VI: TRACTATUS DE IUSTITIA UNIVERSALIS

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Table of Contents:

 

TRACTATUS DE IUSTITIA UNIVERSALIS

 

Principle

Article I - On Criminals Wanted in Two Allied Jurisdictions

Article II - On Criminals Wanted in One Allied Jurisdiction

 

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TRACTATUS DE IUSTITIA UNIVERSALIS

 

 

Principle:

 

For the furtherance of justice and cooperation for us in Balian, and for our allies, we seek to lay down principles which should allow us to assure that criminals apprehended by us or our allies may be processed fully across jurisdictions to allow them to be fully tried and punished for their crimes, and not simply tried by one ally and allowed to go free so that they must be found and apprehended again for the second trial in the other jurisdiction after further damage and trouble.

 

We propose the following procedures, each based on the circumstances of the apprehension and the category of crime committed, with Capital Crimes being defined as a crime deemed worthy of execution, such as treason, manslaughter, murder, mayhem, kidnapping, practicing dark magics, and other serious felonies.



 

Article I - On Criminals Wanted in Two Allied Jurisdictions


 

Art. I.01 - Where the Criminal is Wanted for a Capital Crime:

 

I.01A -  If the criminal is apprehended in the country where they have committed a non-capital crime, but have committed a capital crime in the other, the party who arrested them may try them and punish them first for the less serious crimes, then shall extradite the criminal to the other for the more serious trial there.

 

I.01B - If the criminal is apprehended in the country where they have committed a capital crime, and they are wanted for a non-capital crime in the other, the apprehending country informs the other that they have caught the criminal, and may carry out the trial and execution themselves.

 

I.01C - If the criminal committed capital crimes in both nations, then the apprehending country should inform the other nation, and both nations may perform a joint trial and execution with their respective legal systems involved, or the apprehending nation may execute if given permission by the other nation or if a joint trial may not be carried out in a timely manner.

 

Art. I.02 - Where the Criminal has only Committed Less Serious Crimes

 

Art. I.02A - In cases where only non-capital crimes are involved, then the apprehending country may try the criminal first, then extradite to the other allied country for trial there.

 

Art. I.03 - Where the Act is not Considered Illegal in the Arresting Jurisdiction:

 

Art. I.03A - In cases where the act the criminal is wanted for in the allied jurisdiction is not considered a crime in the arresting jurisdiction, then the decision as to whether the criminal will be extradited or set free shall be decided by the Courts and Diplomats on a case by case basis.

 

Article II - On Criminals Wanted in One Allied Jurisdiction

 

Art. II.01A - In cases where a criminal is wanted in a foreign, allied jurisdiction, that nation may petition the Office of the Legate, the Magisterium, the Amitratus, or the King to request Balianese aid in apprehending the criminal. Whether or not this petition is accepted is purely up to the discretion of the aforementioned offices based on the severity of the crime, the location of the accused, the quality and quantity of evidence presented, the feasibility of providing such aid, and the ramifications of providing such aid.

 

Art. II.01B - In cases where a Balianese Citizen (as defined in Lex Civilis) is wanted in a foreign, allied jurisdiction, that nation may petition the Office of the Legate, the Magisterium, the Amiratus, or the King to request the extradition of that citizen for Trial. Whether or not this petition is accepted is purely up to the discretion of the aforementioned offices based on the severity of the crime and the quality and quantity of evidence presented.

 

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Signed,

His Excellency, Ser Robert Joseph de Lyons, Baron of Enderoca, Cavalier of the

Order of the Silver Comet, Royal Magister of the Kingdom of Balian

Edited by Kingdom of Balian
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