Chapter 4: Criminal Law

CRIMINAL LAW

4.1. BODY OF LAW
The Jurisdiction of Law within the City of Tassis descends as follows:

4.1.1 High Council, the Regent and Ubarate and the Head os Scribes will decide either together, depending on the severity of the charges, or separately if a citizen appeals the verdict of the Magistrates, based upon the City of Tassis Laws and policies. Acts of Treason fall under the jurisdiction of the High Council, Regent, Ubarate only..

4.1.2 Civil/City Magistrates = Law Officials that judge on matters of City of Tassis Law, dealing with Citizens, sentencing guilty parties. These officials preside over trials dealing with judicial cases of felonies, permanent collar and death. The Head Magistrate may overrule trial sentences of the Civil Magistrates, and if the charges are still appealed please refer to 4.1.1.

4.1.3 Praetors/Merchant Magistrates = Law Officials that judge on matters pertaining to Merchant Law, or in the case of the Praetor; non-citizens. These officials reside over public, or private hearings, dealing with cases of Merchant Law or minor misdemeanors.

4.1.4 Advocates, Investigators = Law Officials that assemble existing evidence and depose/interrogate witnesses during investigations of felonies. Advocates mainly report to the presiding Magistrate of a Judicial Case to either prosecute or defend the accused Free Person.

4.1.5 Warrior & Guards of City of Tassis = The Warriors and Guards patrol City of Tassis and have full authority to stop or prevent any crime they encounter. They are responsible for assisting with felony investigations and carrying out Magistrate Warrants for arrests, property seizures, or interrogations. They may also be called upon to execute any sentence declared by the Magistrate, or Administration
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4.1.6 Court Clerks = Clerks that maintain records of each incident. Reports are exchanged between Castes for investigation and communication purposes.

4.1.7 Warrior Clerks = Clerks that maintain records of any incident reported to the Warriors, or Guards or any incident witnessed by such.

4.2. CONVICTIONS OF A CRIME

MISDEMEANORS

4.2.a First offenses are punishable as a misdemeanor.

4.2.b Trials are not required or provided for those crimes classed as misdemeanor crimes.

4.2.c Misdemeanor crimes will be handled by either a Magistrate of City of Tassis (for City of Tassis citizens), a Praetor (for non-citizens), or a Merchant Magistrate (for misdemeanor crimes pertaining to Merchant Law).

FELONIES

4.2.d When a Free Person is found guilty of a misdemeanor crime more than once, the crime is subsequently classed as a felony.

4.2.e Felony crimes warrant more severe punishments.

4.2.f Felony crimes will be handled through a fair trial, presided over by a Magistrate of City of Tassis.

4.2.g For Merchant Law felony crimes the Merchant Magistrate will preside over the trial.
The following are examples of crimes and the resulting punishment, in the Island City of Tassis:

4.2.1 PROPERTY DAMAGE – It is a crime to damage the property of another Free Person, or City owned property. Punishment for such a crime will be; monetary recompense to cover full the amount of damages caused allowing the damaged property to be replaced or repaired at no cost to the owner of said property. Failure to pay damages could result in a public whipping.

4.2.2 FIRE – It is a crime to willfully, or neglectfully start a fire in City of Tassis. This is punishable by anything from fines, public labor, etc… to enslavement, or death depending on the circumstances and damages caused by the fire. If the fire led to loss of life, injury then a death sentence can be issued.

4.2.3 SLANDER – It is a crime for a Free Person to spread rumors and lies about another that they know to be untrue. First time offenders will be ordered to pay a fine. Second and third offense will lead to harsher punishments as deemed fit by a Magistrate of City of Tassis.

4.2.4 STRIPPING A FREE WOMAN – It is a crime to face strip any Free Women who is a citizen, or resident of City of Tassis. Any Free Person found guilty of this crime will be subject to fines, or other punishments as deemed fit by a Magistrates of City of Tassis. This Law does not apply to captured Free Women, non-citizens/residents that fall under Capture Rights as outlined in the Slave Laws.

4.2.5 CASTE – Anyone falsely claiming membership of a Caste is subject to fines, or enslavement according to the severity of the offense. Wearing a badge, or symbol of another Caste is enough for conviction, however, simply wearing a color denoting another Caste is not.

4.2.6 LAW VIOLATION – It is illegal for a Free Person to order a slave to violate the City of Tassis Laws. If a slave is so ordered and carries out the order, the Free Person issuing said order will be punished as if they had broken the Law themselves.

4.3. The following are examples of guilt and punishments in the Island City of Tassis:

4.3.1 THEFT

First Offense- Ear Notching
Second Offense – Loss of Hand (Free Man), Enslavement (Free Women)

4.3.1.a All recovered property will be returned to its rightful owner. If the rightful owner cannot be determined the property will pass to the City of Tassis Treasury, or the Tassis Dock Master.

4.3.2 RAPE

Rape is defined as; the forcing of a Free Woman to engage in sexual acts against her will, the will of her father, adoptive father, legal guardian, or companion. Conviction of a person accused of rape shall require witnesses, physician testimony and/or other compelling evidence.

4.3.3.a If convicted of rape, the perpetrator shall pay an amount of silver, or gold equal to the woman’s bride price, or companion price to her father, guardian, or companion. Other punishments may be issued as deemed fit by the Magistrates of City of Tassis.

4.3.4 ASSAULT
Assault is defined as; a physical attack on a Free Person with the intent to harm them. This definition does not include Warrior challenges, or other actions under Warrior Caste codes, and arena duels. It does, however, include forcing a person to engage in sexual acts against his, or her will (ie., sexual assault). Punishment for assault is at the discretion of the Magistrates of City of Tassis and should be in keeping with the severity of the assault.

4.3.4.a Assaulting a Free Woman, or unarmed Free Man with a deadly weapon, or sufficient force to cause death may be considered attempted murder and as such is subject to the same penalties as a direct murder felony.

4.3.4.b Free Persons may defend themselves against attackers without penalty from the law.

4.3.4.c Assaulting a City of Tassis Guard, Warrior, or other City of Tassis Official, will result in the removal of one hand for Free Man, or enslavement for Free Woman.

4.3.5 MURDER

Murder is a felony. Murder is defined as; taking the life of or attempting to take the life of another Free Person. Punishment for a first offense will be as deemed fit by a Magistrate of City of Tassis; up to and including death. Punishment for a second offense is death.

4.3.5.a Those accused of murder may plead their innocence to the High Council claiming it was a justifiable homicide.

4.3.6 Reasons for justifiable homicide include:

4.3.6.a In defense of the Home Stone.

4.3.6.b As an act of war.

4.3.6.c On order given by a Warrior carrying out the death sentence of a convicted prisoner.

4.3.6.d In self defense

4.3,6.e In the protection of others.

4.3.6.f For members of the Physicians Caste; some actions may unintentionally cause the death of their patient.

4.3.6.h The killing of a slave, regardless of the reason, is not murder.

4.3.6.i A Warrior may, as per his Codes, kill a Free Woman who has submitted to him upon refusal of said submission.

4.3.7 The Physician Caste must issue a report, or record of Autopsy to the corresponding Law Official, or Magistrates of City of Tassis during murder investigations and incidents where dead bodies are discovered or found in within City of Tassis and its territories.

4.4. ARRESTS & HEARINGS

Under no circumstances should a Free Person of City of Tassis be arrested in the City of Tassis without a Warrant issued by a Magistrate of City of Tassis, the Merchant Magistrate, the Praetor, or the Administrator, apart from the exception circumstances as stated in 4.4.a

4.4.a Warriors may act without Warrant when the safety and well being of others is compromised. In such cases the accused should be detained in a cell until a suitable Law Official can be found.

4.4.b Whether citizen, resident or visitor, the suspect will receive a hearing when accused of a crime.

4.4.2 During or after hearings, respective investigation shall be carried out at the discretion of the City of Tassis Law Officials.

4.5. TRIALS & CONVICTIONS

Anyone summoned before a Magistrate of City of Tassis, who refuses to come of their own volition, may be forcibly brought before them.

4.5.a Anyone who cannot be found by the Warriors, or Guards may be tried and convicted in absentia by the High Council and Head Magistrate.

4.5.1 Any Judicial Case can be reopened for further investigations and questioning. The Head Magistrate and High Council may overrule the sentence, or judgement of Magistrates of City of Tassis and its Praetors.

4.5.2 No citizen of City of Tassis will be convicted of the same crime twice, unless the alleged crime is a separate offense.

4.5.3 It is a crime to present false witness and testimony before a Law Official, or High Council. Such cases are punishable by execution, or banishment from the Home Stone.

4.5.4 The Administrator, Regent, High Council and Head Magistrate are entitled to have an account of why the freedom of any citizens is restrained, or imprisoned. The Law Official who handled the case must present reports, or records within one week of imprisonment.

4.6. EXECUTION

For those convicted of serious crimes, the Magistrates of City of Tassis retain the punishment of execution, the manner of which will be determined by the Head Magistrate.

4.6.1 Certificate of death and autopsy must be issued by a Physician of the Home Stone to the High Council, Law Officials and the family members of the executed person.

4.7. PARDONS & RELEASE

The High Council may, at their discretion, decree a pardon for any convicted criminal in City of Tassis. When pardons are issued; a full report will be passed to the Magistrates of City of Tassis and the Scribes.

4.7.1 Those convicted of crimes where the sentence was death may, upon the will of the High Council, be pardoned posthumously, that their name and that of their family be free of shame.

4.7.2 Only the High Council may demand any Free Person held, be released immediately. The High Council must submit their ruling and lawful reason to the Head Magistrate as to why the person was released from imprisonment.

4.7.3 The High Council, Regent, or Administrator may reduce any sentence passed by a Praetor or Magistrate of City of Tassis. Reduction of sentence does not absolve the convict of the crime.

4.8. OUTLAWS
The High Council alone reserves the right to banish a citizen from City of Tassis
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4.8.a Outlawry shall be voted upon and occur in the chamber of the High Council by the public refusal of bread, salt and fire.

4.8.b The Caste of Scribes shall maintain a permanent record of those banished and outlawed from City of Tassis.