List of Criminal Offences

Introduction

This is an out-of-character document setting out the criminal laws in the empire. The definitions of the crimes are brief, but this reflects the laws of the setting. Crimes are based on simple principles and are addressed by following the spirit of the law rather than complex technical arguments. The magistrates will do their best to interpret and apply the law with the pursuit of justice and the imperial interest as their goal. Justice is intended to be swift but fair and to be available to all without the need for lawyers to interpret what the law means to the ordinary citizen.

Crimes against the Person

• Murder: Unlawful assault upon a person with intent to kill which results in someone’s death.

• Manslaughter: Is an unlawful assault upon a person which results in someone’s death.

• Assault: Unlawfully striking a citizen.

There is a traditional defence to an assault charge which applies where unwelcome visitors who refuse to leave your camp are cut down, removed from camp and then provided with sufficient medical assistance to avoid permanent injury. One who is accused of assault but wishes to claim this defence should plead not guilty if it goes to trial. However, if the magistrate decides that the accused’s behaviour was unreasonable they will be found guilty.

• Mayhem: Unlawfully maiming or mutilating a citizen.

• Poisoning: Introducing or applying a poisonous substance to a citizen which causes them harm.

• Harmful Use of Magic: Unlawfully harming a person with magic. Harm means not just physical harm but also any other negative effect.

• False Imprisonment: Unlawfully detaining a citizen against their will. Suspects must be directly supervised during any period of lawful custody.

• Malsanguino: Willfully preventing someone from receiving medical attention with the intention of causing them harm.

• Slavery: Unlawfully holding the power of life and liberty over any person.

Crimes against Property

• Theft: Dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it. The burden is on the accused to satisfy the magistrate as to their intention to return the property.

• Handling Stolen Goods: Receiving or disposing of goods which you know or believe to be stolen.

• Counterfeiting: The falsifying, or unlawfully creating or amending of an imperial document or legal tender..

• Criminal Damage: Unlawfully destroying or damaging any property either belonging to another citizen or to the Empire. Magistrates often refuse to bring to trial cases involving accidents or claims of negligence, preferring such cases to be held in the civil courts. Criminal damage to Imperial property is almost always dealt with in the criminal courts however.

Crimes against Position

• Impersonation of an Imperial Official: Falsely and dishonestly claiming to be a senator, civil servant, member of the militia etc. Any person who with intent to deceive impersonates an official of the Empire or does any act calculated falsely to suggest that they are, shall be found guilty of this crime.

• Senatorial Maladministration: Where a responsible senator fails to adequately implement a procedural measure passed in the senate.

• Dereliction of Duty: Volunteering for an imperial duty and then failing to carry it out through neglect or cowardice. Members of the Militia are expected to act in accordance with their duties when they observe a crime in progress or about to occur. Citizens who take the battlefield and then show conspicuous cowardice in the face of the enemy may also be tried for this offence.

• Abuse of Powers: The misuse, or abuse, of the powers of a priest. This includes the powers of the Synod, as well as liao ceremonies.

Crimes against Principle

• Possession or supply of controlled substances or items: this includes both illegal narcotics and items.

• Treason: Aiding barbarians, eternals or foreign powers against the interests of the empire. Committing an assault against the emperor or empress.

• Blasphemy, Heresy and Idolatry: Religious crimes which will be tried by a magistrate but are raised by the by the Synod.

• Breach of the Peace: Behaviour which causes a disturbance in public order. This is a minor crime that is mainly important for the militia’s power to prevent a likely breach of the peace by speaking to, and if necessary, moving on a potential offender.

Crimes against Process

• Contempt of Court: any behaviour which impedes the proper operation of the court e.g. being disruptive during a trial or disrespectful of the magistrate's authority, failure to attend court or failure to obey the lawful order of a magistrate.

• Perverting the Course of Justice: any behaviour calculated to unduly affect the course of the judicial process. For example, bearing false witness, making false allegations, concealing offences or assisting others to evade arrest, interference with witnesses or evidence and withholding or perverting a lawful punishment.

• Subverting the legal processes of agencies of the state: any behaviour which contravenes or subverts the constitutionally protected procedures or powers of an agency of the state.

For example: rigging or ineligible participation in the national election of senators (such as a yeoman disguising their identity to enter a tourney to determine the person who may select Dawnish senators), a senator entering the General’s tent to interfere with their military strategies, a member of the synod being refused the right to witness (without cause) and so on. This crime does not apply to the abuse of constitutionally granted powers by the person or body who is entitled to wield them.

• Resisting Arrest: Physical or magical efforts to oppose a lawful arrest.

What isn’t a criminal offence?

Please note that the following activities are not criminal offences:

• Fraud: Dishonesty calculated for personal gain (although be aware that a victim might raise a civil case in these circumstances).
• Blackmail: using threats to make a gain or to cause a loss to another.
• Slander and Libel: making disparaging and false statements about another in public.

Five things about criminal offences

• Attempt to Commit a Crime: An attempt to commit a crime will be tried in the same way as if they had committed the crime but may (or may not) result in a lesser sentence.

• Aiding and Abetting of Crime: Encouraging, soliciting or helping with the perpetration of a crime. This will be tried in the same way as if the accused had committed the crime but may (or may not) result in a lesser sentence.

• Consent: It is possible for willing participants to give consent so that what would otherwise be crimes being committed against them are not. For example, two individuals who have agreed to spar with weapons would not be guilty of assault for striking each other. It is considered wise to make such terms clear in the event that there is a disagreement later. While duelling is permitted it is not possible to consent to your own murder (but a priest for the surviving party might make a plea for clemency based on the reasons for the duel).

• Lawful Arrest: If an ordinary citizen or member of the militia who believes another person has committed a crime apprehends them, then the law provides some protection against crimes (for example, assault) associated with this act. However, if a magistrate decides that their actions were disproportionate or that it was not reasonable to believe that the person apprehended had committed a crime then this protection will not apply. If a citizen wishes to claim this defence at trial then they should plead not guilty.

• Self-defense: If a citizen reasonably believes that their property or the safety of themselves or others is in immediate jeopardy then they may use reasonable force in order to protect them. If a citizen wishes to claim this defence at trial then they should plead not guilty.