[Letter to Legate Gloamingdaith]

[Daoud al-Maaz]

Honored Legate,


I have reviewed your planned changes to the Penal Code and have the following to present as recommendations, concerns and revisions.

Vandalism: A person found guilty of destroying, attempting to destroy, or diminishing the value of the effects or property of another person or organization has committed Vandalism. Minor to Capital.

Minor: Under 250gp of damage. (Includes spitting)
Serious: Above 250gp of damage.
Capital: Above 2500gp of damage.

Vandalism lacks the language to specify willful actions or intent. Were you to accidentally trip (or be tripped by another) and break a vase valued at 2,600 dinar, you would be guilty of a capital crime. Perhaps the owner of this vase tosses it to you suddenly, and you fumble the catch, allowing it to shatter upon the ground. Have they made you guilty of the destruction? If another person claims the vase is cursed by an evil djinn and must be destroyed, tricking a second person to smash it for reasons they believe good, would manipulator be guilty, or would the victim of the deception?

I feel it is critically important that this law be written in a way that we do not penalize citizens for genuine ignorance, malicious coercion by another, or accidental damage. Proving intent should be necessary for any fair trial, and may be attributed to the motivating party who caused the vandalism (through their own willful act, their deception of another, or their manipulation of events to bring forth vandalism.)

Treason: A person found guilty of doing or conspiring to do treasonous acts has committed Treason. Treasonous acts include waging war or conspiring to wage war against Ephia's Well, or participating in attempts to undermine or harm the Legates. Capital.

I am sure you will receive many letters with great concern about your intended change. The listed examples of treasonous act are to either wage an entire war against the whole of the Citadel, or to attempt to undermine or punch you. They do not even have to actively do the latter, as they can merely be a participant. The vast gulf between these two examples leaves all manner of treason to be unpunished or to be invented to punish, while allowing Legates to wield far too much power.

How does one undermine a Legate in a treasonous manner compared to one in which they merely disagree politically? If they campaign against you and speak ill of your policies, are they undermining you? If your co-Legate goes back on your promise in favor of a better one, have they committed treason? There is far too much room for abuse in this, and it is clearly designed in a way to allow Legates to control those of the Well they ought serve instead.

Treason is an act against the state entire, not against one man. This language specifying Legates should be removed before it can be exploited for tyrannical ends.

Interference with Jurisprudence: A person found guilty of intentionally and directly disrupting the process of Jurisprudence has committed Interference with Jurisprudence. This may include knowingly presenting false evidence or testimony; assault during an active trial; egregious mishandling of prosecution or advocacy; --or other any other actions[/u]-- that will directly hinder the process of an investigation or a trial or the punishment the accused was sentenced to. Minor to Capital, matching the severity of the accused trial, or punishment they have interfered with.

Noting a minor error.

I would also like to see "fair trial" return to language, as this is what all citizens should be promised. Are the judges who oversee the trials to be accountable for their decisions, were they found to be egregiously mishandled? We have had quite a number of corrupt men and women oversee what should be fair trials. I am sure all of us agree that those controlling the courtroom should be held accountable for abuse of power, if such is found.

Laches: A person who prosecutes a crime more than two months after the discovery of the crime has committed Laches. The prosecution against the accused person is prohibited or to be discontinued by virtue of the unreasonable delay in prosecution. The count of two months is suspended if the accused person flees Ephia's Well or is unavailable for prosecution. Serious.

Am I to understand that if a guilty person escapes discovery as the culprit for two months and one day, they may proudly declare their guilt to the Well and be immune from prosecution? This is a farce, Honored Legate. There is no reason to protect the guilty from prosecution no matter how long it takes for justice to find them.

I have several cold cases which demand satisfaction, including one regarding the assassination of a Legate. Dead men and women whose killers were not found swiftly will be buried by time, even if new evidence or witnesses come forward, because you wish to make it illegal for the Fourth to investigate further?

You do not shield the innocent citizens with this; you enable criminals and encourage them to be more cautious for a finite, arbitrary period of time. You deny Urazzir, the Wroth. I can only hope that this 'law' was recommended to you by a criminal of whom you may now be more wary. Strike this from the reform and toss the ash. The Makhyoon who advises you certainly must not have reviewed this.

Accord Governance: A person who is a member of an Accord Signatory found guilty of putting their name forth in an election to obtain the seat of a Legate has committed Accord Governance. Furthermore, a member of an Accord Signatory may not hold the position of a Prelate or a Magistrate, with an exception provided for each Legate to appoint a maximum of one Magistrate from either the Cinquefoil Rose or the Astronomers of Q'tolip. Capital.

As I have for half a year, I continue to object to having the Accord involved in the government in any capacity. They should not oversee trials nor be in any position where they can be involved in the criminal justice system. The Accord is meant as a three-part balance, which you upset by ensuring one-third is excluded from deciding trials while being the one who must prosecute. Of all people, you know that the Accord is a group of petty children who are ever eager to take the most minor of victories over one another. Deny them the opportunity to do this in the courtroom. Magistrates must remain as impartial and unbiased as possible.

We have already had Legates sell the Magistrate seat for votes, dishonoring their seat. Do not allow this in the future. As well, I implore you to return the 30 day period for Accorded individuals leaving or joining the Accord prior to or after having any involvement in government. We must not allow the Accord to cheat their way into the government, abuse it, and then happily return to service. Without these restrictions on time, a Soldier of the Fourth could quit, be made magistrate by a corrupt Legate, oversee a trial (with obvious bias), have their Magistrate position removed by the Legate, and then return to the Fourth as a Soldier. This could take place in the span of mere hours. All Accord would have this power to collude. It must not be.

Criminal Association: A person found guilty of knowingly and willfully empowering or arming criminal elements against Ephia's Well has committed Criminal Association. Serious.

You have stricken this from the penal code. This tells me that I may freely pay another person to steal, kidnap, vandalize, trespass, conduct unlicensed activities, brook djinn, desecrate a shrine, or animate the dead. I would not be guilty in any way. Given you have added 'conspiring to' language to much of the penal code, you understand that the parties who involve themselves as puppet-masters ought be held accountable.

Rather than include planning and conspiring language to all laws, I believe it would be more useful to create a law specific to Conspiracy, allowing it to be attached to each of the other crimes and match their penalties. Someone who conspires to have a necromancer raise up the contents of our graveyard and see them destroy holy temples through their hired help should be just as culpable as the direct parties.

Reckless Endangerment: A person found guilty of recklessly bleeding or causing another to bleed upon the ground of the Citadel has committed Reckless Endangerment. Minor to Serious.

Minor: Accidental.
Serious: Intentional.

Reckless endangerment is something which needs to be in place to protect citizens. I agree that the specifics of 'bleeding' is a distraction from what the law should address. Perhaps, "a person found guilty of acting dangerously or negligently, putting others' lives at risk, has committed Reckless Endangerment."

Consider a cook who decides to use a large number of spoiled ingredients in order to save dinar. Their goal is not to harm others, but their knowing negligence towards safety could cause a child to become so sickly that they may die. We have many fools in the Well, Honored Legate. We must shield people from them.

Brooking: A person found guilty of conjuring or binding djinns, otherworldly spirits, monstrosities, or horrors, has committed the crime of Brooking. Capital.

Negotiating was removed. This must be returned to the Code to prevent people from making deals with djinn they encounter absent binding and conjuring on their own. The trade of names is a danger you may not be as familiar with as one born in the desert. Djinn who are already able to come to this world can do many evils with a willing mortal. Do not allow those who deal with monsters to be free of justice.

Desecration: A person found guilty of animating the dead or desecrating a corpse has committed Desecration. Minor to Capital.

Minor: Robbing a grave or possessing items that may animate the dead.
Serious: Desecrating a corpse, or intentionally impeding a corpse's delivery to the Maqbara, or causing irreparable damage to a grave.
Capital: Animating the dead, or trading or purchasing the remains of a sainted martyr, Sultan, Caliph, or Legate.

Exemptions need to be in place to allow for autopsy. We have already had far too many people abuse this to steal away evidence of their crimes. If the Astronomers cannot be trusted to do this, limit it to the Legion and allow oversight by a Preparator if they request it. The Fourth conducts autopsies with great respect for the dead. I have led the autopsy of several individuals in the Well, allowing for their killers to be identified more swiftly and accurately. I ensure the remains are returned to their proper state, and do not perform an invasive autopsy when an external one is sufficient. As above, criminals will want this law to silence the dead from their body's final opportunity to speak. I ask that you not rob victims of potential justice.

Offense against the Mother: A person found guilty of recklessly bleeding or causing another to bleed upon the ground of the Citadel has committed an Offense against the Mother. Minor to Serious.

Minor: Accidental.
Serious: Intentional.

The Uzzarii bleed themselves upon the ground of the Citadel every week as part of the Letting. They 'bleed another' during this holy day, all of whom are willing. The language here could be read to believe that intentionally bleeding another without recklessness is a Serious crime. I do not feel this law does anything but raise the potential to interfere in a holy act of the Wheel even as you attempt to protect a different spoke. This is likely best removed. If you wish to punish people for reckless behavior, I recommend returning the law of that name.





Respectfully,

Sergeant Daoud al-Maaz
Fourth Legion