Ar Agyr/Gavel/Legal Code

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The Legal Code of the Kingdom of Ar Agyr - 2022

Drafted by Nerta from the old Melhed legal code, the laws of Ar Agyr carry many hallmarks of those ancient traditions.


I - Crimes
Treason
01) Treason: he who has roused up a public enemy, handed over a citizen to a public enemy or worked in the name of a public enemy must suffer exile or death.
Weregeld
02) If one's actions have caused harm to another, be it material, or otherwise, let them buy the peace of the wronged. If they do not, let there be retaliation in kind by the wronged or the Judge depending on the need. Should no agreement be reached the Judge may assign the fee.
03) Those who tell falsehoods about their fellow nobles, and do not buy their peace, will be given the Judicial Label of Shunned and all there correspondence are to be ignored.
04) Someone who has brought a false claim to the Judge, and does not buy the peace of the accused, shall be brought before the Judge, and shall pay a double penalty.
Property
05) The holdings of a noble are theirs, to do with as they wish, so long as they break no laws.
06) Any person who destroys by burning any building or heap of food shall be bound, scourged, and put to death by beheading provided that he has committed the said misdeed with malice aforethought. However if he shall have committed it by accident, it is ordained that he repair the damage or, if he be too poor to be competent for such punishment, he shall receive a lighter punishment.
07) If a theft has been done by night and the owner kills the thief in the act, the thief shall be held to be lawfully killed. If a theft has been done by day, or the thief not killed, then the thief is to be charged and sentenced in just court to serve those they would rob as a slave for a time. If they can or will not, then their hand is to be removed.
Prisoners
08) A noble, captured during honourable battle, is to be treated as an honoured guest of the Judge, provided with comfort and not harmed as fitting a Noble of honour.
09) A noble, captured during dishonourable battle is to be treated as a blackguard, their safety is forfeit and comfort rendered irrelevant by their disregard of honour.


II - Peasants
Peasants
10) Matters of justice among the peasantry are to be settled by their lord.
11) The possessions of a peasant are theirs, to do with as they wish, so long as they break no laws.
12) No peasant may raise his hand against a noble, nor hurl insults or make damage upon their property.
13) A noble cannot be found guilty of a crime committed against a peasant. However another noble can challenge the offender to combat and whoever loses owes the other reparations, which may in turn be paid to the peasant. Refusal to meet the challenge is not punishable, but the noble will receive the Judicial Label of Lacking Conviction.
14) Commoners conferred military or civil rank by the Monarch are considered property of the Crown and a noble who harms them must pay Weregeld to the Monarch.


III - Duties
Duties
15) All nobles are to strive, to the best of their ability, to make the realm a better place to live.
16) All nobles are to help their fellows as best they can, or direct questions to others more knowledgeable.


IV - Rights
Fundamental Rights
17) Every Noble of Ar Agyr has the following fundamental rights:
a) Right of conscience and religion;
b) Right of thought, belief, opinion and expression, including freedom of the press and other media of communication.
c) Right of peaceful assembly; and
d) Right of association.
Mobility Rights
18) Every Noble of Ar Agyr has the right to enter, remain in and leave the Kingdom of Ar Agyr.
Right from Unreasonable Seizure
19) Every Noble of Ar Agyr has the right to be secure against unreasonable seizure.
Right from Detention and Imprisonment
20) Every Noble of Ar Agyr has the right not to be arbitrarily detained or imprisoned.
Right to a Fair Hearing
21) Any Noble charged with an offence has the right
a) To be informed of the specific offence;
b) To be tried in a reasonable time;
c) Not to be compelled to be a witness in a proceedings against themselves;
d) To be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
e) Not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under the laws of the Kingdom of Ar Agyr;
f) If finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again;
g) If found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.
22) If one shall permit himself to be summoned as a witness, if he does not give his testimony, let him be granted the Judicial Label of Dishonest and incapable of acting again as a witness.
23) For matters where the Judge is in doubt, but not so much so that they should be removed, the Monarch should appoint another to oversee the trial and their decision abided by.
24) If someone is called to go to court, he is to go. If he doesn't go, then he should be captured.
Enforcement of Rights
25) Any Noble whose rights, as guaranteed by this legal code, have been infringed or denied may apply to the Judge to obtain such remedy as the court considers appropriate and just in the circumstances.


V - Judicial Fundamentals
Legal Jurisdiction
26) The legal code of the Kingdom of Ar Agyr shall apply to all citizens of the Kingdom.
Amendments
27) Amendments to the legal code requires Royal Assent by the Monarch.
Judicial Authority
28) The judicial power is hereby declared to be vested in the Judge.
Judicial Powers
29) Judicial powers include
a) The ability to propose amendments to the legal code
b) Interpretation of the legal code.
c) The enforcement of the legal code through such possible punishments as:
i) Private verbal warning
ii) Public verbal warning
iii) Fines
iv) Judicial label
v) Imprisonment
vi) Request to leave the realm
Vii) Banished from the realm
vii) Deported to another continent
viii) Execution
d) The holding of court to dispense justice among the peasantry in any territory of the Kingdom of Ar Agyr
e) The holding of court between nobles who are members of the Kingdom of Ar Agyr
f) The removal of Judicial Labels
Defining Judicial Labels
30) Should a citizen of Ar Agyr be censured by a Judicial Label their name will be listed along with the label. Labels include:
a) Unfit for Duty: can not legally hold office, and are considered to possess the same competence as peasants in all legal matters
b) Dishonest: known liar, and in contempt of court
c) Shunned: known to use slander
d) Lacking Conviction: not willing to defend their actions
31) Judicial Labels may be removed by the Monarch & Judge.
Qualifications of the Judge
32) The position of Judge can be held by any noble, at the pleasure of the Monarch of the Kingdom of Ar Agyr.
Tenure of the Judge
33) The Judge position is held until retirement by the choice of the Judge or the Monarch.