Irombrozia/Judicial Proceedings

For Captured TLs

Upon Capture

• All gold may be confiscated. If they have been captured, then they have been found doing something offensive to the realm, and all personal possessions on their person are the property of the Irombrozian Government.
• Captured prisoners are to be treated as, "Assumed guilty, under orders". See "under orders" clause in the ammendments section.
• Confiscation of gold also prevents captives from bribing guards, which is a plus

Charges

• Invasion- No punishment if there is no official state of war between nations, may be used as collaborative evidence if there IS war, to support other charges
• Theft- Punishment of ban, may NOT be escalated to deportation or execution if recaptured, UNLESS more charges are found.
• Sabatoge- Punishment of ban, see above clause
• Assault- Punishment of ban, see above clause
• Murder- Punishment of ban, MAY be escalated WITHOUT further evidence
• Regicide- Punishment of ban, MAY be escalated WITHOUT further evidence
• Kidnapping- Punishment of ban, MAY be escalated to DEPORTATION WITHOUT further evidence
• Massacre- Punishment of ban, MAY be escalated WITHOUT further evidence.

Amendments

• "Attempted"- Lessen punishment, but NOT automatic clemency, though a judge may CHOOSE to show such clemency
• "Under orders..."- If something was done UNDER ORDERS OF A SUPERIOR, the punishment MAY be lessened, though this is NOT a requirement. Whatever the case, all punishment LESSENED on the criminal, shall be SHIFTED TO THE AUTHORITY WHO COMMANDED THE ACT, to be enacted when possible.
• "Torture"- For use ONLY WITH PERMISSION OF A VOTE OF THE ROYAL INNER COUNCIL. Even so, may NOT be enacted on someone held on charges of INVASION ONLY, or someone charged of TWO OR LESS crimes.

Procedure

Presentation of Charges

• Rights of a prisoner are:
  • Right to deny charges BEFORE punishment is enacted
  • Right to KNOW WHAT ONE IS CHARGED OF
  • Right to PROVIDE EVIDENCE AGAINST CHARGES
  • Right to hold the judge in question TO THE LAWS OF IROMBROZIA
    • If a judge causes these rights to be violated, then the prisoner MUST be released within 48 hours.

Gold Confiscation

• Inform the prisoner their gold has been confiscated, and state that this is done as part of Irombrozian law, for those caught as criminals have forfeited all personal possessions on their person.

Denial of Charges

• A judge is expected to show good judgement, full due process of law, and a balance of both blind justice and merciful clemency to all prisoners. All laws are to be considered slightly elastic. More than a piece of wood, less than a blade of grass. When a prisoner attempts to deny charges, they are to be given the PARTIAL BENEFIT OF THE DOUBT. Their words are not REQUIRED to be accepted as true, but should ALWAYS BE GIVEN FULL CONSIDERATION.

For Domestic Court Cases

Causes

• For breaking any of the laws of Irombrozia
• For anything which is not covered by the laws of Irombrozia, but is voted by the Royal High Council (by majority vote) to be worthy of a court case.

Procedure

• Accused individuals shall be treated as innocent until reasonably proved to be guilty. A judge must be 100% sure of guilt to deport or execute, 98% (figuratively speaking, of course) sure to ban, 95% sure to ask the King to exile, 100% sure to ask the King to strip of titles, and 75% sure to ask a TL to leave, and 60% sure to impose a fine.
• The defendant shall be OFFERED a defense attorney of his/her choice. He/she shall have 24 hours to select an attorney. Said attorney is ENCOURAGED to function as the defendant of the accused. If he/she accepts the offer and shows willful signs of disregard for the case, he/she shall be prosecuted AFTER the current case is completed, and the accused may select a new defense attorney. If the accused fails to find a defense attorney, ammends shall be made as the judge in question sees fit, either by compelling an attorney, or by other means which shall vary depending on the case.
• Charges must be presented at the start of the case, ALTHOUGH, up to ONE ADDITIONAL CHARGE may be added throughout the cours of the case, against the defendant.
• The prosecution shall make its opening statements.
• The defense shall make its opening statements.
• The Royal High Council, as well as the extra jury member selected to aid them (selected by the RHC) shall ask questions, maximum of one question per member (members may designate questions to a different RHC member).
• Defense or prosecution shall answer, as needed.
• Prosecution shall call witnesses, and examine.
• Defense shall cross-examine.
• Defense shall call witnesses, and examine.
• Prosecution shall cross-examine.
• RHC may ask questions (using previous system) of any witnesses.
• The defense shall make its closing statements to the RHC alone (RHC members are prohibited from dessimenating this information)
• The prosecution shall make its closing statements to the RHC alone (see above clause).
• The RHC shall have up to 48 hours to discuss.
• The Judge shall cast 3 votes in the ruling. The ruler shall cast 2. The rest of the RHC (and the extra jury member, who is included in the designator RHC) shall vote on where their two votes shall go. The RHC votes must go together.
• The Judge shall decide upon punishment, if the defense is found guilty.
• Both the defense and the prosecution attorneys shall be paid a sum of 25 gold for their services.