[The Great Legal Reform - for Public Consultation]

Started by Ziya, May 28, 2024, 09:36:30 AM

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Ziya

Citizens of Ephia's Well,

Please find below the first draft of the League of Gold's intended legal reforms available for public consultation. The Palatial Pyramid shall be inviting all Voiced and Voiceless to write in by way of letters addressed to both Legates on any proposed amendments or views to the intended legal reforms. Please write in by 1 Tabbah IY 7788, or around 3 days from now.

The ideals which ought to undergird these would be to cover any lacunas in the law that have been identified, to keep legal phrases and definitions consistent across all the Articles, and to rid the Penal Code of any otiose laws. At the end of the day, the Penal Code should be shorter and clearer, with less ambiguity or articles left for creative interpretations while being more robust in the protection of the rights of Voiced and Voiceless alike.

Do not reinvent the wheel. An established understanding of the Penal Code has been largely had, and these proposed amendments are not intended to upturn it, but to refine it and make incremental improvements.

Do not provide general motherhood statements such as "too long" or "this seems ambiguous". Instead, explain why and propose alternative wordings.

Do be clear and precise, for example, that "I think 'conspiring' should be replaced with 'plotting' as it is less ambiguous. I think so because..." or "The phrase 'knowingly and willfully' is unnecessary because it is inherent in a crime that the criminal knowingly and willfully commits it, as otherwise, he should be innocent for lacking the criminal mind."

Do give cogent reasonings for any proposed amendments.

BEFORE
AFTER
CRIMES AGAINST THE PERSON
Murder: A person found guilty of killing or planning to kill another person for any reason other than self-defense has committed Murder. Capital.

Murder: A person found guilty of killing or conspiring to kill a citizen of Ephia's Well for any reason other than self-defense has committed Murder. Capital.

Assault: A person found guilty of harming or planning to harm another person without causing or intending mortal injury for any reason other than self-defense has committed Assault. Minor to Capital.

Minor: Unarmed.
Serious: Armed or Magical Assault.
Capital: Maiming. (Deliberate removal or destruction of body parts and or organs with intent to cause severe permanent harm.)

Assault: A person found guilty of harming or conspiring to harm another person without causing or intending mortal injury for any reason other than self-defense has committed Assault. Minor to Capital.

Minor: Unarmed.
Serious: Armed or Magical Assault.
Capital: Maiming. (Deliberate removal or destruction of body parts and or organs with intent to cause severe permanent harm.)

Theft: A person found guilty of stealing or attempting to steal the effects of another person or organization has committed Theft. Minor to Capital, depending on amount stolen.

Minor: Under 250gp of theft.
Serious: Above 250gp to 2500gp of theft.
Capital: Above 2500gp of theft.

Theft: A person found guilty of stealing or attempting to steal the effects of another person or organization has committed Theft. Minor to Capital.

Minor: Under 250gp of effects.
Serious: Above 250gp to 2500gp of effects.
Capital: Above 2500gp of effects.

Trespassing: A person found guilty of entering a private area without the permission of its lawfully recognized owner has committed Trespassing. Minor to Serious.

Minor: Entering the area.
Serious: Entering the area with intent to commit a crime other than Trespassing.

Trespassing: A person found guilty of entering a private area without the permission of its lawfully recognized owner has committed Trespassing. Minor to Serious.

Minor: Entering the area and refusing to leave when told to.
Serious: Entering the area with intent to commit a crime other than Trespassing.

Destruction: A person found guilty of willfully damaging or attempting to damage willfully the property of another person or organization has committed Destruction. Minor to Capital, depending on the evaluation of the damage.

Minor: Under 250gp of damage.
Serious: Above 250gp of damage.
Capital: Use of explosives or destructive magic leading to the direct collapse/destruction of property.

Destruction: A person found guilty of willfully damaging or attempting to damage willfully the property of another person or organization has committed Destruction. Minor to Capital, depending on the evaluation of the damage.

Minor: Under 250gp of damage.
Serious: Above 250gp of damage.
Capital: Use of explosives or destructive magic leading to the direct collapse/destruction of property.


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

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

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.

Kidnapping: A person found guilty of unlawfully abducting or holding captive another person against their will has committed Kidnapping. Serious.

Kidnapping: A person found guilty of unlawfully abducting or holding captive another person against their will has committed Kidnapping. Serious.

Slavery: A person found guilty of forcing or compelling a person to work without pay, or into providing labour against their will absent of conscription, or otherwise claiming physical ownership of a person, has committed Slavery. Serious to Capital.

Serious: Knowingly assisting someone guilty of practicing Slavery.
Capital: Practicing slavery, owning a slave.

Slavery: A person found guilty of forcing or compelling a person to work without pay, or into working against their will absent conscription, or otherwise claiming physical ownership of a person, has committed Slavery. Serious to Capital.

Serious: Knowingly assisting someone guilty of practicing Slavery.
Capital: Practicing slavery, owning a slave.

CRIMES AGAINST THE STATE
Treason: A person found guilty of energetically undermining or energetically attempting to undermine the government for any reason, thereby inviting anarchy and disorder, has committed Treason. Capital.

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.

Espionage: N/A

Espionage: A person found guilty of doing or conspiring to conduct espionage on Ephia's Well has committed Espionage. Espionage includes but is not limited to acts of loitering in restricted locations without permission, intentionally eavesdropping on the Legates, scrying on the Accord Signatories or Legates, or sharing restricted information with those Ephia's Well is at war with without authorization. Minor to Capital.

Minor: Loitering in restricted locations without permission, such as the Legate's hallway or the Divan of War.
Serious: Intentionally eavesdropping on the Legates' doors; or scrying the Accord Signatories or Legates.
Capital: Intentionally sharing restricted information with those Ephia's Well is at war with.

Interference with Jurisprudence: A person who intentionally and directly disrupts the process of Jurisprudence is guilty of Interference. This may include knowingly presenting false evidence or testimony, assault during an active trial, egregious mishandling of prosecution or advocacy, or other any actions that will directly hinder the process of a investigation, fair trial, or punishment for the accused. Minor to Capital, matching the severity of the accused trial, or punishment they have interfered with.

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 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.

Laches: N/A

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 or if a Legate approves a suspension of the count for the duration of the Legate's term. Serious.

Accorded Governance: Any current member of an Accorded Signatory who puts their name forth in an election to obtain the seat of Legate of Ephia's Well is guilty of seeking to raise Accorded Governance.

Furthermore, no current member of an Accord Signatory may be assigned to the position of Prelate or Magistrate, save that each Legate may appoint a maximum of one Magistrate from either the Cinquefoil Rose or the Astronomers of Q'tolip. The offending Legate or official is guilty of raising Accorded Governance. Should a person holding these titles join an Accord Signatory, they must resign the title immediately. Capital, as Treason.

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.

Unauthorised Descent: A person found guilty of Entering, enabling Entrance to, or possessing materials from al-Nasr or the Depths below it, without the Authorisation of the Astronomers of Q'tolip, or both sitting Legates, has committed Unauthorized Descent. Minor to Capital.

Minor: Knowingly possessing materials from, or for the purpose of committing, Unauthorised Descent.
Serious: Possessing a key for, or participating in, Unauthorised Descent.
Capital: Concealing expeditions for, or causing harm through, Unauthorised Descent.

Unauthorised Descent: A person found guilty of entering, enabling entrance to, or possessing materials from al-Nasr or the depths below it, without the authorisation of the Astronomers of Q'tolip, or both sitting Legates, has committed Unauthorized Descent. Minor to Capital.

Minor: Knowingly possessing materials from, or for the purpose of committing, Unauthorised Descent.
Serious: Possessing a key for, or participating in, Unauthorised Descent.
Capital: Concealing expeditions for, or causing harm through, Unauthorised Descent.

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

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

Unlawful Resistance: A person found guilty of refusing a reasonable request of a Guard, such as submission to a search, or attempting to flee during an arrest, has committed Unlawful Resistance. Minor to Serious.

Minor: Verbal taunting, verbal refusal.
Serious: Willingly fleeing from a request. (can be used as evidence of indirect admission of guilt in a trial)

Unlawful Resistance: A person found guilty of refusing a reasonable request of a Guard or a Legate, such as submission to a search, or attempting to flee during an arrest, has committed Unlawful Resistance. Minor to Serious.

Minor: Verbal taunting, verbal refusal.
Serious: Willingly fleeing from a request. (can be used as evidence of indirect admission of guilt in a trial)

Unlicensed Activity: A person found guilty of performing an activity requiring a License from the Scribes of the Sublime Garden without possessing a valid license had committed Unlicensed Activity. Minor.

Unlicensed Activity: A person found guilty of performing an activity requiring a license without possessing a valid license had committed Unlicensed Activity. Minor.

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: 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.


Drug Trafficking: A person found guilty of knowingly selling, transporting, or possessing for the purposes of sale or distribution, prohibited substances has committed the crime of Drug Trafficking. Simple possession is not a criminal offense, but prohibited materials will be confiscated. Serious.

Drug Trafficking: A person found guilty of knowingly selling, transporting, or possessing for the purposes of sale or distribution, prohibited substances has committed the crime of Drug Trafficking. Simple possession is not a criminal offense, but prohibited materials will be confiscated. Serious.

Arms Bearing: A Person found guilty of brandishing, displaying or otherwise wielding weapons capable of harming another within the walls of Ephia's Well without One Legate's authorization has committed Arms Bearing. Minor.

Arms Bearing: A person found guilty of brandishing, displaying or otherwise wielding weapons capable of harming another within the walls of Ephia's Well without a Legate's authorization has committed Arms Bearing. Minor.

CRIMES AGAINST THE WHEEL
Brooking: A person found guilty of entering negotiations with or attempting to bind otherworldly spirits, monstrosities or horrors has committed the crime of Brooking. Capital.

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

Sacrilege: A person found guilty of knowingly and willfully attacking, damaging or desecrating shrines or temples, pertaining to the Gods of the Wheel, with the exception of the Wyrm, and with the intention of causing such damage or desecration, has committed Sacrilege. Capital.

Sacrilege: A person found guilty of knowingly and intentionally attacking, damaging or desecrating shrines or temples or sacred texts or holy relics, pertaining to the Gods of the Wheel, save for the Wyrm, has committed Sacrilege. Serious to Capital.

Serious: Damage or desecration.
Capital: Irreparable damage or desecration.

Desecration: A person found guilty of attempting to dishonor, defile, or animate the dead has committed Desecration. Minor to Capital.

Minor: Tampering with a grave or retrieving things from it.
Serious: Destroying a grave or committing otherwise irreparable damage.
Capital: Animating the dead.

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.

Illegal Worship and Practise: A person found to be holding membership with, practice the faith of, or act in the interests of any society, cult, sect, or other form of blasphemous or heretical group that can be reasonably deemed a threat to the safety and security of Ephia's Well or its citizens, or claim their faith or practice as reason for the same, has committed Illegal Worship and Practice. Serious to Capital.

Serious: Self-professed or verifiable membership, practice, or aid, willingly renounced with re-baptism as part of their sentencing.
Capital: Active participation in illegal or subversive activities on behalf of their faith or practice, or otherwise failing or refusing to renounce the faith or practice in question.

Illegal Worship and Practice: A person found to be holding membership with, practice the faith of, or act in the interests of any society, cult, sect, or other form of blasphemous or heretical group that can be reasonably deemed a threat to the safety and security of Ephia's Well or its citizens, or claim their faith or practice as reason for the same, has committed Illegal Worship and Practice. Serious to Capital.

Serious: Self-professed or verifiable membership, practice, or aid, willingly renounced with re-baptism as part of their sentencing.
Capital: Active participation in illegal or subversive activities on behalf of their faith or practice, or otherwise failing or refusing to renounce the faith or practice in question.

Offense against the Mother: N/A

Offense against the Mother: A person found guilty of recklessly bleeding or causing another to bleed upon the ground of the Citadel, except for the purposes of holy rites and holy days of the Wheel, has committed an Offense against the Mother. Minor to Serious.

Minor: Accidental.
Serious: Intentional.


Ziya

Amendments have been made after much public consultation...