NEW Legal Corpus

Where the people from the towns can meet and interact
Peronell

Re: NEW Legal Corpus

Post by Peronell »

People in Fenia can visit when they like...people in exile cannot.
Rowena

Re: NEW Legal Corpus

Post by Rowena »

Peronell wrote:People in Fenia can visit when they like...people in exile cannot.
I'm still confused as well.
3. Exile - One who has been declared an exile in the Discussion Chambers of the VR of Bravia.
4. Banished - One who has been publicly banished from the VR of Bravia.
An exile is one who has been forced to live in a foreign country because they cannot live in their own country for political reasons. Banishment is the act of ejecting and restricting one's access to a VR for any reason. Right now the states of "exile" and "banishment" according to our laws are only differentiated by where the VRC has discussed the person, in chambers or in a public announcement. (It also doesn't seem to be connected to charges of wrongdoing or based on final verdicts from the court. Is that as intended?)

In our laws is "exile" referring to Fenians and other future neighboring VR inhabitants who have been banished from their own VRs and have sought asylum here in Bravia? If so, II.D.1 is a little weird, as we would have no way of controlling how many times an exiled person living in Bravia would be able to appeal their banishment from another VR; that seems like it would be up to the other VR. If this is referring to people banished from Bravia then II.D.2 is weird, because how could a person exiled from Bravia be trading on Bravian markets if they weren't permitted into Bravia?
E. Vote of No Confidence

1. A vote of no confidence can be brought against any member of the Council
a) A Vote of No Confidence can only be started by a Citizen of the town where the Councilor resides.
b) A Vote of No Confidence requires support from a mayor or Priest of one of the towns of Bravia
c) A Vote of No Confidence requires a petition signed by the equivalent of the population of the smallest town in Bravia (no fewer than 45) within 48 hours of the original request being submitted.
2. The Vote of No Confidence will be undertaken by The Council of Mayors
a)The Vote of No Confidence will be held in a public forum
b)Voters must authenticate their vote by signing their name
This is the only place a Council of Mayors is mentioned. Can you elaborate on the nature of this body and why the council of Mayors is charged with handling no confidence votes against Council members?
Peronell

Re: NEW Legal Corpus

Post by Peronell »

Rowena wrote:
Peronell wrote:People in Fenia can visit when they like...people in exile cannot.
I'm still confused as well.
3. Exile - One who has been declared an exile in the Discussion Chambers of the VR of Bravia.
4. Banished - One who has been publicly banished from the VR of Bravia.
Sorry. Looked quickly and misread. I apologize. I'm not Exile has a more political connotation and banishment law breaking to me at least.

An exile is one who has been forced to live in a foreign country because they cannot live in their own country for political reasons. Banishment is the act of ejecting and restricting one's access to a VR for any reason. Right now the states of "exile" and "banishment" according to our laws are only differentiated by where the VRC has discussed the person, in chambers or in a public announcement. (It also doesn't seem to be connected to charges of wrongdoing or based on final verdicts from the court. Is that as intended?)

In our laws is "exile" referring to Fenians and other future neighboring VR inhabitants who have been banished from their own VRs and have sought asylum here in Bravia? If so, II.D.1 is a little weird, as we would have no way of controlling how many times an exiled person living in Bravia would be able to appeal their banishment from another VR; that seems like it would be up to the other VR. If this is referring to people banished from Bravia then II.D.2 is weird, because how could a person exiled from Bravia be trading on Bravian markets if they weren't permitted into Bravia?
E. Vote of No Confidence

1. A vote of no confidence can be brought against any member of the Council
a) A Vote of No Confidence can only be started by a Citizen of the town where the Councilor resides.
b) A Vote of No Confidence requires support from a mayor or Priest of one of the towns of Bravia
c) A Vote of No Confidence requires a petition signed by the equivalent of the population of the smallest town in Bravia (no fewer than 45) within 48 hours of the original request being submitted.
2. The Vote of No Confidence will be undertaken by The Council of Mayors
a)The Vote of No Confidence will be held in a public forum
b)Voters must authenticate their vote by signing their name
This is the only place a Council of Mayors is mentioned. Can you elaborate on the nature of this body and why the council of Mayors is charged with handling no confidence votes against Council members?

As I said, this is a working draft. The Council of Mayors could be replaced with a grand jury or we'll further define the council of mayor.

This is the reason the corpus was placed here and we asked for comment and feedback. Thank you for taking the time to read and responde.
madkcat

Re: NEW Legal Corpus

Post by madkcat »

Marozia wrote:What's the difference between II.D and II.E?
Exiles have a few more rights, that is the right to appeal their exile, and the right to trade on the markets.
1. A right to appeal Exile twice a month
2. A right to trade on the markets.

Exiles can be declared Exile post sentencing if necessary in the Discussion chambers. Exiles may be notified public ally, or privately, on a case by case basis, but are exiled none the less. Being sent to Exile is also an IMMEDIATE sentence, which is why it is put into motion as soon as it's agreed in the Discussion Chambers. The Exile will be notified as soon as possible. Procedure for this is to be discussed, perhaps when the deciding vote is cast, that councilor has the resonsibility to notify the exile, or if the vote passes due to time, any Councilor should inform the Exile of the outcome.

It should be noted, perhaps a time comes where an exile wishes to keep his/her exile a secret, consenting to exile as part of a plea bargin, appealing in private. In these cases, the council will still know who is exiled, but may choose to keep the list of exiles more private to honor the wishes of a spouse, or other respected figurehead of the VR who would rather let the Exile save face, if just for a little while longer.

Banishments is much harder to keep quiet and are persona-non-grata in the VR. It's thus assumed that it's a more public ordeal, and assumed to be made as public as possible, though It's also assumed they'd(the person to be banished) already know, or at least suspect Banishment might be forth coming. Any trade on the markets is illegal, so Banished cannot buy food, or sell extra goods within Bravia at all. More reason for them not to come back.

Banishment is a sentance that can't be dealt out trivially, a method of appeal and standards for banishment are to be discussed as of yet, but Banishment is also Permanent, where as Exile can be repealed.

Both Exile and Banishment are not directly connected to any crime, but to a penalty. At this point, they are linked to Harsh Penalites only.

In Bravia, An Exile is defined:
VIII.A.3. Exile - One who has been declared an exile in the Discussion Chambers of the VR of Bravia.

So, a Fenian who has been exiled from the King's court, or from Fenia is not considered, nor treated as an Exile under Bravian Law, unless the VR of Bravia declare that same person an Exile in Bravia as well. It would be assumed, however, that the Fenian Exile would need to commit some sort of crime first and be put to trial, as Previously state, Exile and banishment are both linked to Penalties, not crimes, but certainly something I will look into.

Again to note, an Exiled Person of Bravia is still allowed to trade within Bravia, but is not protected under any law, but still can be punished by the law. Think of Exile as a sort of Semi-permeable membrane, where the exiled person can only receive punishment for crimes, but no salvation from crimes commited against him or her.

A BANISHED Person is NOT allowed to Trade within Bravia.

That is one of the key differences.

For both cases, there is no way to restrict movement(as in forcing you to stay out of Bravia), so travel is still an IG option. But Both Exiles and Banished travel at their own risk, without any protection that may come from the Bravian laws. so if an Exile or Banished were to be robbed within Bravia, no charge will be placed on the persons who robbed the Exile or Banished person. Likewise with murder.

As for council of mayors, this is the working draft, something that was overlooked, and most likely be replaced with a grand jury, or other legal strucutre, or recieve defintion as we continue to review the law.
Xavier

Re: NEW Legal Corpus

Post by Xavier »

Are we going to ignore the highly bias council of appeals that you have attempted to set up? either make a non-viceroyalty specific one where all citizens of Secfenia can participate and make it fair or leave it to the mages...your creation is just cruel. :o
Jilou

Re: NEW Legal Corpus

Post by Jilou »

It is interesting to note the great interests that Fenians have in the affairs of the Bravians. The Mages would like to remind you that baiting and flaming will not be tolerated. If non residents of a Viceroyalty feel the need to speak out we ask that they do so with politeness and due courtesy. If this does not happen, baiting posts will be removed.

Many Thanks
Jilou.
Peronell

Re: NEW Legal Corpus

Post by Peronell »

Well, this court system is set up with Bravia in mind. Peronell pauses to consider her wording. Not all appeals will involve a Fenian citizen. So, why would we want Fenians involved in the appeals through our court system? I would perhaps double check with the Mages, but it would seem to me that an appeal to the mages could be made if the judgment or sentence continued to be challenged. I am also willing to work with His Highness Project LVI to develop a secondary court of appeal for cases involving citizens from another viceroy. Although, if you are a citizen of Bravia when you commit the crime and then try to avoid charges by moving to another viceroy ... I am not sure which system would apply.
Xavier

Re: NEW Legal Corpus

Post by Xavier »

I suggest an international system. It makes things simpler. ;)
Peronell

Re: NEW Legal Corpus

Post by Peronell »

Suggestion noted.
madkcat

Re: NEW Legal Corpus

Post by madkcat »

Xavier wrote:Are we going to ignore the highly bias council of appeals that you have attempted to set up? either make a non-viceroyalty specific one where all citizens of Secfenia can participate and make it fair or leave it to the mages...your creation is just cruel. :o

That should be suggested to the Mage. The laws and appeals appropriated here are for BRAVIA, not all of Secfenia ;) An international court of appeals implies breaking international crime, which don't exist. So a "final appeal" would be to petition the Mages Directly after going through the VR appeal process, but after 3+ appeals, it's entirely at his discretion whether the law is upheld, or the accused is just being petty and wasting more time.
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