Criminal Code of Transdariania
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Punishment of Crimes
- Punishment is to be decided by the presiding Magistrate and expediently carried out by the Civic Guard.
- Degree of punishment and length of sentence is left to the discretion of the presiding Magistrate unless specifically decreed otherwise in the commentaries.
The Degrees of Punishment for Various Crimes
- Execution: The standard mode of execution for those condemned to death is beheading with a sword or axe. All executions are to be carried out privately, only the Sithire, Lord Chancellor and Lord Protector can authorize public executions. After the beheading, a wizard from the Civic Guard will either disintegrate the corpse, or suitably destroyed by other available methods, after which the remains will be cast into the Darian River. The presiding judge may substitute beheading for another form of execution in special cases where the condemned criminal is of a race that may survive decapitation.
- Exile: Any criminal condemned to exile will be carried in chains to the nearest foreign border, or placed on a ship bound for another country. Exiled criminals are not to return to Transdariania under any circumstances on pain of immediate execution.
- Mutilation: Though such extreme measures are rarely used any more, they are nevertheless sometimes still necessary to deal with criminals who are not dissuaded from their activities by lesser punishments, or to deal with perpetrators of particularly severe offenses not meriting execution. The judge pronouncing a sentence of mutilation should make this punishment a fitting reminder of the crime. The most common forms of this punishment are branding, the removal of a hand in the case of thieves and forgers, or the removal of a foot in the case of prisoners that have escaped incarceration.
- Imprisonment: The condemned criminal is sentenced to spend a period of time in confinement determined by the judge at the time of sentencing. The presiding judge must specify the dungeon or prison where the prisoner will be kept, and any special security provisions necessary to prevent escape. If the condemned criminal is of sound body, the judge will also impose a term of compulsory labor so that the criminal may contribute to the improvement of the kingdom. Such sentences may involve work in constructing roads, bridges, or public buildings; draining marshes and building irrigation for farmers; work on Drache's sanitation crew in keeping the city and its sewers clean; or farming or mining on government owned lands. Criminals sentenced to life imprisonment may be tattooed or branded to permanently mark them as criminals.
- Flogging/Whipping: The intent behind this sentence is to punish a criminal for wrongdoing, as well as providing that criminal with scars to serve as a tangible reminder to avoid such illegal activity in the future. The judge determines how many lashes the criminal will receive, and the flogging occurs at dawn on the day following the sentencing. The instrument of flogging is to be either a leather whip or a cane made from swamp reeds; spiked whips and scourges are prohibited.
- Fines: Fines may be levied as a separate punishment, or in addition to any of the punishments listed above. Fines may be paid directly to the Treasury, or given to the victim of a crime (or the victim's heirs) as restitution. The amount of a fine is specified elsewhere in this code of laws depending on the crime in question.
- Government Edict: This punishment involves the posting of decrees prominently in all public places. These decrees are to state the name of the criminal, the criminal's place of origin, occupation (if any), and the crime for which he or she has been convicted, printed in all languages commonly spoken in that part of the kingdom. The Edict is to be read aloud at the time of its posting, and is to remain on display for no less than sixty days after its initial posting. This punishment can be added onto the sentence for any crime, even if it is not specifically listed as one of the customary punishments.
The First Plaint: Crimes Against the Government
- High Treason: Death (See Commentary)
- Murder of a Goverment official: Death
- Assault upon a Government official: Death, Exile, Mutilation, or Imprisonment
- Poisoning of any water supply: Death, Exile, or Mutilation
- Impersonation of Government official: Death, Exile, Mutilation, Imprisonment, or Flogging/Whipping
- Defiling of a holy place: Death, Exile, Mutilation, Imprisonment, and/or Flogging/Whipping
- Forgery of a Government document: Death, Exile, Mutilation, Imprisonment, and/or Flogging/Whipping
- Malfeasance or Abuse of Government Authority: Death, Exile, Mutilation, or Imprisonment (See Commentary)
- Piracy: Death, Mutilation, and/or Imprisonment (See Commentary)
- Organization of an Unlawful Militant Faction: Death, Exile, Mutilation, Imprisonment, and/or Flogging/Whipping
- Grand Theft of any property of the Government: Mutilation, Imprisonment, Flogging/Whipping, and/or Restitution of damages
- Bribery or attempted bribery of any Government official: Mutilation, Imprisonment, and/or Flogging/Whipping
- Arson against any office of the Government or edifice thereof: Mutilation, Imprisonment, Flogging/Whipping and/or Restitution of damages
- Unlawful aerial entry into Government airspace: Mutilation, Imprisonment, and/or Flogging/Whipping
- Unlawful entry into a Government harbor: Mutilation, Imprisonment, and/or Flogging/Whipping
- Obstruction of justice: Mutilation, Imprisonment, Flogging/Whipping
- Grand perjury: Mutilation, Imprisonment, Flogging/Whipping
- Tomb/Grave robbery: Mutilation, Imprisonment, Flogging/Whipping, and/or Restitution of damages
- Theft of temple goods or offerings: Mutilation, Imprisonment, Flogging/Whipping, and/or Restitution of damages
- Vandalism of any office of the Government or edifice thereof: Mutilation, Imprisonment, Flogging/Whipping, and/or Restitution of damages
- Unlawful membership in a militant faction: Mutilation, Imprisonment, Flogging/Whipping, Fines payable to Treasury, and/or Government Edict against convicted.
- Sedition: Mutilation, Imprisonment, Flogging/Whipping, and/or Fines payable to the Treasury (See Commentary)
- Counterfeiting: Mutilation, Imprisonment, Flogging/Whipping, and/or Fines payable to the Treasury
- Smuggling: Exile, Mutilation, Imprisonment, Flogging/Whipping and/or Fines payable to the Treasury (See Commentary)
- Inciting Violence or a Riot Against Government Officials: Mutilation, Flogging/Whipping, or Death (Depending on Severity)
- Escaping Incarceration: Mutilation, Imprisonment, and/or Flogging/Whipping
- Aiding and Abetting a Fugitive: Mutilation, Imprisonment, Flogging/Whipping and/or Fines Payable to the Treasury
- Aiding and Abetting the Commission of a Severe or Serious Offense Against the Government: Mutilation, Imprisonment, Flogging/Whipping and/or Fines Payable to the Treasury
- Repetition of any lesser or minor offense against this plaint: Mutilation, Imprisonment, and/or Flogging/Whipping
- Unlawful observation or copying of a Government document: Mutilation, Imprisonment, Flogging/Whipping, Fines payable to Treasury, Government Edict against convicted
- Resisting Arrest: Additional fines and/or an additional term of imprisonment cumulative with other charges incurred.
- Seditious Libel against a Government official: Imprisonment, Flogging/Whipping, Fines payable to Treasury, and/or Government Edict against convicted (See Commentary)
- Drunk and/or disorderly conduct on Government property: Imprisonment, Flogging/Whipping, Fines payable to Treasury, and/or Government Edict against convicted
- Any Violation of Dire-Beast Registration: Imprisonment, Flogging/Whipping, Fines, or Euthanasia of said Dire-Beast
The Second Plaint: Crimes Against Citizens
- Murder: Death, Exile, Mutilation, and/or Imprisonment (See Commentary)
- Manslaughter: Exile, Mutilation, and/or Imprisonment (See Commentary)
- Rape: Death (See Commentary)
- Mind Rape: Death, Exile, Mutilation, and/or Imprisonment (See Commentary)
- Assassination: Death (See Commentary)
- Hiring of an Assassin: Life Imprisonment (See Commentary)
- Arson: Exile, Mutilation, and/or Imprisonment
- Assault: Exile, Mutilation, Imprisonment, and/or Flogging/Whipping (See Commentary)
- Forgery: Mutilation, Imprisonment, and/or Flogging/Whipping
- Slaving: Death, Exile, Mutilation, Imprisonment, Flogging/Whipping, and fines (See Commentary)
- Kidnapping: Death, Exile, Mutilation, and/or Imprisonment
- Criminal Use of Magic: Death, Exile, Mutilation, Imprisonment, and/or Fines (See Commentary)
- Extortion: Death, Exile, Imprisonment, and/or Fines Payable to the Treasury (See Commentary)
- Creation of Undead: Death, Exile, Mutilation, Imprisonment, and/or Restitution for any violated graves or tombs. (See Commentary)
- Banditry: Death, Exile, Mutilation, Imprisonment, and/or Restitution of damages (See Commentary)
- Unlawful dueling: Exile, Mutilation, and/or Imprisonment (See Commentary)
- Theft: Mutilation, Imprisonment, Flogging/Whipping and/or Restitution of damages (See Commentary)
- Burglary: Mutilation, Imprisonment, Flogging/Whipping, and/or Restitution of damages
- Theft or killing of livestock: Mutilation, Imprisonment, Flogging/Whipping, and/or Restitution of Damages
- Purchasing or Owning of Slaves: Exile, Imprisonment, and/or Fines payable to the Treasury (See Commentary)
- Unlawful Conspiracy: Exile, Imprisonment, and/or Fines payable to the Treasury (See Commentary)
- Aiding and Abetting the Commission of a Severe or Serious Offense Against Citizens: Mutilation, Imprisonment, Flogging/Whipping and/or Fines Payable to the Treasury
- Repetition of any lesser or minor offense against this plaint: Mutilation, Imprisonment, Flogging/Whipping, and/or Fines payable to Treasury
- Trespassing: Imprisonment, Flogging/Whipping, Fines payable to Treasury, and/or Government Edict against convicted.
- Damage to property: Imprisonment, Flogging/Whipping, Fines payable to Treasury, Restitution of damages, and/or Government Edict against convicted.
- Unlawful hindrance of business: Imprisonment, Flogging/Whipping, Fines payable to the Treasury, Restitution of damages, and/or Government Edict against convicted.
- Dangerous operation of a conveyance: imprisonment, Flogging/Whipping, Restitution of damages, and/or Government Edict against convicted
- Harassment: Imprisonment, Flogging/Whipping, and/or Fines payable to the Treasury
- Criminal Negligence: Imprisonment, Flogging/Whipping, and/or Fines payable to the Treasury (See Commentary)
- Excessive noise: Fines payable to the Treasury, and/or Flogging/Whipping
- Drunk or disorderly conduct: Fines payable to the Treasury, Flogging/Whipping, and/or Government Edict against convicted
- Littering: Fines payable to the Treasury, Flogging/Whipping, and/or Government Edict against convicted
Commentaries On Various Offenses
- Assault: Assault is defined as inflicting or attempting to inflict bodily harm on another person without provable cause of self-defense. Use of weapons makes this charge into the more grievous one of attempted murder. If the assault causes significant injury to the victim, the charge will be upgraded to Assault and Battery, with correspondingly stiffer penalties. Should a victim of an assault later die from injuries sustained during the assault, the charge will be upgraded to homicide.
- Assassination: The heinous profession of committing murder for hire will not be tolerated in Transdariania. Anyone found to have murdered another sentient being in exchange for a promise of payment of any kind will be sentenced to immediate execution. Anyone found guilty of hiring an assassin will be sentenced to life imprisonment, except in cases of regicide, where the additional charge of high treason makes it a capital offense.
- Banditry: This crime covers all instances of armed robbery, whether it occurs in darkened urban alleys, or in remote corners of the kingdom. It is equally applicable both in instances of robbery of individuals, the raiding of trade caravans, raiding homes and farms in rural areas, and all situations in between. Banditry against Goverment officials or Government property is a capital offense.
- Conspiracy: Conspiracy is a planning or agreeing among individuals to do something that amounts to either a Severe or Serious offense under either plaint of the law. No actual deeds need come of this illegal plotting. This charge can be applied if proof exists that two or more persons came to a mutual understanding in some way to participate in an illegal endeavor, that the suspect in question willingly took part in the scheme, and that the suspect entered into the plot knowing that the planned action was unlawful. The punishment for this offense is commensurate with the type of crime that the conspirators aimed to perpetrate. Conspiracy to commit acts that amount to High Treason is a capital offense.
- Creation of Undead: This law specifically forbids the disgusting practice among certain wizards and priests creating undead minions from the remains of the departed, such as zombies and skeletons. Those that have stolen corpses from cemeteries or tombs to create undead may also be charged with Grave Robbing and/or Defilement of a Holy Place. This offense also covers the practice of stealing corpses or parts of corpses for the creation of golems and other similar creatures, though they are not technically undead.
- Criminal Negligence: Attributable towards the care of others or even the operation of a cart that is steered into people. This charge is generally in association with the plight of others at the hand of someone who is either not paying attention or doesn't care. It is, however, excluded from intentional acts of malice.
- Criminal Use of Magic: Application of this offense is not limited to magic; it covers psionics and all other similar powers and abilities, supernatural or otherwise, as well. Those possessing powers or abilities beyond those of ordinary beings are bound by a responsibility to use said powers responsibly and judiciously. Those who use such powers irresponsibly, or apply them to criminal ends are subject to prosecution under the law. The punishment for this crime is dependent on the nature of the offense that was committed by means of magic or similar power, and varies accordingly. Generally, this charge is applied in conjunction with other crimes, and can significantly increase the severity of the judge's sentence. Murder by means of magic is automatically capital offense.
- Dueling: The custom of dueling is a well-established cultural tradition, and will not be outlawed. Duels to the death are legal with the following provisions: the duel must be agreed upon by both participants beforehand and witnessed by at least one other individual, the duel can not be conducted in public businesses or on public ground, and the winner of the duel is responsible for any property damages incurred during the duel.
- Extortion: Extortion is the obtaining money, property, or favors from an individual through threats, intimidation, false claim of right (such as impersonating a Government official), or any other method of compulsion. This crime also covers blackmail, and the practice of outlaws forcing citizens to pay for the 'protection' of their person, family, or property.
- Fencing: This crime covers receiving stolen property, knowingly buying stolen property, moving stolen property from one place to another, and selling stolen property.
- Homicide: Killing beyond that of self-defense shall be met by immediate removal from society, placed in the dungeons until a decision by the Court has been fulfilled, with the highest punishment being execution.
- Manslaughter: Manslaughter is homicide which occurs without intent to kill, whether it occurs by accident or through careless or negligent behavior. The culpability of the criminal is somewhat less than that of a murderer, but it cannot be excused.
- Malfeasance: Those entrusted by the Duchy with a portion of the Governmental Authority to discharge certain duties on behalf of the Duchy, such as the execution or enforcement of the laws, must at all times remain upright and steadfast in their duties to the Duchy and subjects of the Duchy. Those found misusing or abusing this authority will most assuredly be dealt with swiftly and harshly. Among the hateful offenses against the solemn duties of the Duchy are: accepting of bribes or other such gifts of favors meant to buy influence, embezzlement of Government funds, use of one's official authority for the purpose of committing illegal acts, and the use of one's official authority to conceal crimes or hamper investigations, though these are not the only abuses for which a corrupt official can be tried. All representatives of the Duchy are subject to the laws of the land, not above them in any way. Any Duchy official convicted of this crime that has not been sentenced to execution or exile will be ineligible to hold any other public position, no matter how minor, for a period of ten years after the end of the term of imprisonment, or after all fines to the Duchy have been paid in full, whichever date is later.
- Mind Rape: This crime is defined as the invasion of the mind of a sentient being without prior consent through magic, psionics, supernatural abilities, or any other method for the purpose of examining, altering, or destroying memories. Offenses that also fall under the scope of this crime are: establishing an unnatural influence or control over another individual, or infliction of injury to the psyche that reduces the victim to a comatose, vegetative, or idiotic (i.e., mentally retarded) state. The penalties for violating the sanctity of another's mind are as severe as that of physical violation. Compelling an individual to commit a crime through magical enchantment, psionic domination, or any other similar method is automatically a capital crime.
- Murder: Murder is the willful and intentional taking of another sentient life without sufficient justification (i.e., that of self-defense). Anyone convicted of carrying out a premeditated act of murder will be sentenced to death. Anyone convicted of murdering any official of the Government will be sentenced to death. Anyone convicted of murdering a foreign dignitary, or any representative of a foreign government will be turned over to the slain official's country of origin for punishment. Those that have committed murder in the heat of the moment without any premeditation to commit the crime may be sentenced to a lesser punishment, such as exile or imprisonment.
- Obstruction of Justice: This offense is defined as actions that attempt to interfere with the administration of justice, or the operation of the court system. Obstruction of Justice can include bribing or threatening witnesses, hiding or falsifying evidence, or attempting to bribe or otherwise influence law enforcement agents, judges, or representatives of the Chancellery.
- Piracy: As many Transdarianians depend on sea commerce in one form or another to make their livelihood, attacks by maritime predators in Transdarianian waters are a grave offense that will be handled accordingly. If the crew of a ship is convicted of piracy, the captain and first mate will be put to death, and the rest of the crew will be sentenced to a lengthy prison term. Captured pirate vessels will be auctioned off by the Port Authority to help finance continued anti-pirate actions.
- Public Endangerment: Although many battle-hardened warriors and experienced veterans frequent Transdariania's expanse, there are also children, pacifists, and those of lesser physical ability. In this light, public safety must be maintained. Those carrying weapons will be allowed to retain them, as long as they are sheathed or otherwise kept from the intent of being used. No weapons shall be drawn on the following lands: Religious establishments, such as churches and cemeteries, village shops and enclosed businesses, any area of children's schooling, and places of public gathering, including inns and taverns. Those defying this law shall be approached and asked to put away their weapons. Those persisting will be met with equal force and asked to leave. Repeat offenders will be stripped permanently of their weapons and possibly, depending upon the gravity of the situation, be placed in jail for a determined length of time. This law applies to the effects of magic directed upon someone with ill intent, and can be used in conjunction with the charge of Criminal use of magic.
- Rape: Compelling another being to participate unwillingly in a sexual act, whether by physical force, magical or psionic compulsion (see criminal use of magic), or through drugs or potions is a reprehensible offense that has no justification. Rapists neither deserve nor will receive any mercy for such a heinous crime.
- Sedition: Similar to, but less than treason, this offense is marked by criminal conduct directed against the Duchy, as it aims to disrupt rather than destroy the welfare of the kingdom. Sedition consists of illegal attempts to interfere with the operation of the laws of the kingdom, or to prevent Duchy officials from discharging their sworn duties. Offenders will be subject to a punishment befitting the harm done by such interference.
- Seditious Libel: Seditious libel is the act of openly spreading falsehood with intent to undermine the authority of the Duchy, whether spoken or written. This charge cannot be applied to damaging statements that are true; the libelous words must be false and spoken or written with a malicious intent to damage the reputation of the Duchy or Duchy officials.
- Slavery: The buying, selling, or bartering of sentient life is not permitted in Transdariania under any circumstances, nor is it permitted for any sentient being to claim ownership of another.
- Slave Ownership:
- If a non-Transdarianian is found to own a slave that was not purchased in Transdariania, the slave is immediately set free, without compensation to the owner.
- If an Transdarianian is found to own a slave purchased outside of Transdariania, the slave is set free, and the owner will be required to pay a fine equal to twice the purchase price of the slave. For multiple offenses, or citizens owning multiple slaves, the judge can raise the fine or impose a jail term.
- If a non-Transdarianian purchases a slave in Transdariania, the slave is freed, the buyer pays a fine equal to twice the cost of the slave, and the buyer is immediately deported to their country of origin.
- If a Transdarianian citizen purchases a slave in Transdariania, the slave is freed, the buyer pays a fine of three times the purchase price, and may also receive a jail term in addition to the fine. The same increased penalties apply in the case those owning multiple slaves, or citizens convicted of this offense multiple times. Slavery is and has been outlawed for many years in Transdariania, and any Transdarianian citizen participating in the slave trade does so with full knowledge that it is a grave offense.
- Slaving: Those vile beings found guilty of dealing in slaves will be dealt with most harshly, and without hope of leniency. Convicted slavers will have all slaves currently in their possession freed, and all their wealth and possessions confiscated. Their possessions will be auctioned off by the Duchy, with a portion given to the freed slaves, and the rest placed into a poverty relief fund. The slaver will be condemned to a life of hard labor. Slavers found to have brought slaves in from other lands will also be subject to prosecution for smuggling. Slavers found to have abducted even one free sentient being and sold that being into slavery will be sentenced to death after a period of ten to thirty years' hard labor.
- Smuggling: Bringing illegal goods of any kind into Transdariania, or attempting to avoid paying trade duties to Duchy customs agents will result in the confiscation of all smuggled goods by the Duchy, fines payable to the Treasury based on the estimated value of the smuggled goods, and/or exile, mutilation, or imprisonment within the Duchy's dungeons or prisons.
- Theft: Although well practiced in the back streets and dimly lit underworld of the land, such treachery shall not be tolerated. Those caught stealing shall be dealt with as the crime warrants: small crimes, such as the stealing of bread or change, will be punished by a flogging or a term of imprisonment. Grand theft (the stealing of items of substantial value, including magical property) or repeated violations of this law will be met with harsher penalties, such as lengthy terms of imprisonment or loss of the thief's hand, marking them forever for their crimes and giving them constant memory of its penalties. Offenders are compelled to return stolen property to its rightful owner upon conviction. Failure to do so (as is often the case with goods that have already been disposed of) will result in fines or seizure of the thief's property to compensate the victim. If the thief is unable or unwilling to pay this fine, their term of imprisonment will be lengthened accordingly. This charge covers all of the various unlawful methods of separating goods or money from its rightful owner, including pickpocketing, burglary, embezzlement, and fraud.
- Treason: Crimes committed against the Duchy's welfare and defense shall be dealt with rapidly and forcefully. Treason consists of betrayal of allegiance to one's sovereign and Duchy. High Treason is defined as harming or attempting to harm a Monarch or the appointed Regents of a Monarch, attempting to overthrow a legitimate Monarch. Other treasonous acts include but are not limited to: attempting to secede from the Duchy or create a new state from Transdarianian territory, waging armed rebellion against the Duchy, providing aid and comfort to foreign enemies or domestic traitors, deliverance of sensitive military or diplomatic information to a foreign government, or conspiracy to commit any of the aforementioned acts. Convicted traitors will be executed for endangering the safety and welfare of the Duchy.
- Vampiric Feeding: Not only the drinking of blood, but the draining of life energies and the consumption of the flesh of a living victim falls under the definition of this law. Feeding from an unwilling, unconscious, or charmed subject makes the vampire subject to extermination by any law enforcement agent of the Duchy, or by any of the hunters of the undead that are found throughout the land. Those willingly feeding a vampire or demon in such a fashion will be subject to prosecution for aiding and abetting a fugitive.
|300 Crown *
|Conspiracy of Sedition
|250 Crown *
|300 Crown *
|300 Crown *
|300 Crown *
|Assault with a Weapon
|150 Crown *
|200 Crown *
|Attempted Assault with a Weapon
|100 Crown *
|30 Crown *
|Impersonation of a City Official
|Attempted Simple Assault
|15 Crown *
|100 Crown *
|250 Crown *
|400 Crown *
|Obstruction of Justice
* Additional Fine: An additional 100 Crown is
|15 Crown *