Preamble
We, the Citizens of Bravia, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure Liberty to ourselves and our People; to our Posterity. We establish this Constitution for Bravia. The duty of this government is to the people of Bravia, to protect and defend their freedom, health, and happiness. This government is formed for the people and will adhere to the will of the people.
I. Abbreviations
- Council - The Viceregal Council of Bravia
- Mayor - The Mayor of any Bravian Town
- Viceroy - The highest position on Council
- Viceregal Magistrate - The lieutenant Viceroy
- VR of Bravia - Viceroyalty of Bravia, referring to the county
- A. All Persons and Creatures, living, dying or dead have the following rights:
- 1. A right to free political affiliation.
2. A right to carry arms
3. A right to trade on the markets.
4. A right to equal treatment irrespective of gender, race, species, sexual orientation or ability.
5. A right to travel to and through the VR of Bravia
6. A right to engage in work or trade under contract
- 1. A right to trial and the right to an appeal of their case to the Mages.
2. A right to bear arms.
3. A right to vote for the Viceregal Council and Mayor of their City.
4. A right to run in a Viceregal Council election and/or to run in a Mayoral election.
5. A right to associate with an order, guild, corporation or other groups that are supported by the viceroyalty.
6. A right to petition the government.
7. A right to appeal the council to curel town law.
- 1. A right to trial and the right to an appeal of their case to the Mages.
2. A right to run in a Viceregal Council election and/or to run in a Mayoral election.
- 1. A right to appeal Exile twice a month
2. A right to trade on the markets.
3. People in Exile/Banished have the right to run for public office; however, they must notify the voting public of their crime and the sentence imposed.
4. Exiles are not granted the right to trial. They are not protected by the laws of the VR of Bravia, and so travel at their own risk.
5. Any harm that may come to an exile will not be brought to trial.
6. The Council may decide to grant them certain lenience on a case by case basis.
- 1. People in Exile/Banished have the right to run for public office; however, they must notify the voting public of their crime and the sentence imposed.
2. Exiles are not granted the right to trial. They are not protected by the laws of the VR of Bravia, and so travel at their own risk.
3. Any harm that may come to an exile will not be brought to trial.
4. The Council may decide to grant them certain lenience on a case by case basis.
- 1. A right to free political affiliation.
- A. The Viceregal Council consists of 10 elected officials each with designated duties
B. Responsibilities Of Council- 1.To create and uphold the Viceregal Laws
2. To ensure the welfare of the Viceroyalty through:- a) Diplomatic relationships
b) Creating and maintaining a military force
c) Supporting the towns through trade
d) Mines maintenance
e) Livestock breeding
f) Fair judicial practice
- a) Diplomatic relationships
- 1. Viceroy
- a) Is the leader of the Viceroyalty and is responsible for ensure that the needs of the Viceroyalty are met and it's welfare is protected.
b) To assign council positions
c) To maintain an overview of council and to direct it as necessary
d) To oversee all diplomatic relations
e) To create and post votes in the Viceregal Council
- a)To be the assistant and temporary replacement, if necessary, for the Viceroy
b)To assist in creating and posting votes in the Viceregal Council
c)The Viceregal Magistrate will assume temporary command of the Viceroy when:- Viceroy is on vacation
- A vote of No Confidence is sought against the Viceroy
- a) To be the leader of the Viceregal Army
b) To submit to the authority of the Viceregal council
- a)To liaise between the council and the people by reporting from the council and bringing requests to the council
- (a)To enforce the laws of the Viceroyalty and the towns
(b) To report on cases in a timely manner
(c) To ensure the cases presented by the citizens warrant prosecution
- (a)To uphold justice
(b) To maintain the spirit of the law
(c) To judge both fairly and wisely
(d) To adhere to the spirit and rules as set out by the Chief Mage, Zachrin
(e) To inform guilty convicts of their right to appeal
(f) To keep a public record of court cases in the Council Chambers
- (a) To facilitate trade both within the Viceroyalty of Bravia and between Bravia and other Nations
(b) To issue and monitor grants
(c) To look after the financial needs of of the Viceroyalty by maintaining the Mint
- (a) To set mine wages
(b) To perform mine maintenance
(c) To provide an assessment of the mines as required
- (a) To monitor animal breeding and feeding
(b) To maintain the Castle Wall
- (a) Duties to be determined by the Viceroy and the Viceregal council according to need
- a) Is the leader of the Viceroyalty and is responsible for ensure that the needs of the Viceroyalty are met and it's welfare is protected.
- 1. A Quorum is the number of members in Council excluding those absent on leave, or inactive.
- a)A quorum is established based on the average number of Councilors voting in the previous two votes posted.
3. A simple majority vote is where 51% or more of current Active Council Members of the Quorum vote in favor of the poll. Any decision which is not stated as requiring ¾ majority will be passed at simple majority. Councilors shall state their vote (simply whether they say yes, no or abstained) publicly if they are ever asked to.
4. Vote are considered enacted at daybreak (as soon as reset of that day starts) after the majority is reached, whether publicly posted or not
5. A vote may be Vetod by joint effort of the Viceroy and Viceregal Magistrate within 24 hours of the vote ending. The Mayor's can overturn the Veto by a unanimous counter veto, and the vote passes and acts as if the original veto had never occurred.
- 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.
- a)The Vote of No Confidence will be held in a public forum
b)Voters must authenticate their vote by signing their name
- a) A Vote of No Confidence can only be started by a Citizen of the town where the Councilor resides.
- 1.To create and uphold the Viceregal Laws
- Declaration of war
- Prior to a declaration of war, Council must agree to a State of Emergency with a super majority
- A State of Emergency gives military powers to the Viceroy, General and up to two nominated councillors
- Viceroy can rescind the State of Emergency at any time
- A State of Emergency affects no Council functions other than those that are required to support the armies of the Viceroyalty
- Armies
- Any army raising it's flag within the borders of the Viceroyalty of Bravia must obtain sanction from the Council or disband immediately
- If the army fails to disband then it is illegal and will be declared an enemy army and the forces of the Viceroyalty will mobilise to destroy it and all members of the rogue army will face charges of treason
- No army may enter the borders of the Viceroyalty of Bravia without permission from the Council
- No foreign unsanctioned army, IE an army that has no viceregal sanction from any Viceroyalty, may enter the Viceroyalty of Bravia
- Any foreign unsanctioned army entering the Viceroyalty of Bravia will be attacked and it's members will be charged with insurrection
- Act of War
- An Act of War is defined as any action by a foreign power to destabilize the Viceroyalty of Bravia
- Any Army sanctioned by another Viceroyalty entering the Viceroyalty of Bravia without council approval shall be deemed hostile and attacked.
- The Entry of the aforementioned army shall be considered as an Act of War by the sanctioning Viceroyalty
- Under the declaration of an Act of War, The Viceroyalty of Bravia will not hesitate to send armies into the invader's territory
- Spoils of War
- Goods or money taken from a conquered territory shall be considered spoils of war
- If such goods are taken from us then the return of such should be part of the peace negotiations
- Towns or mines are not spoils of war and so can be retained when the war is over unless included in any peace treaty
- War Crimes
- Starving a besieged town into submission affects non-combatants and is considered a war crime
- Destroying the infrastructure of the Viceroyalty in a manner which can adversely affect non-combatants is considered a war crime
*need Wand for this*
VI. Criminal Code
- A.Treason
- (1)Abuse of Power
- a) The misuse of public office, either on the town or county level, for personal gain. Personal gain may include, but is not limited to: financial gains or goods or services in exchange for political or economic favors, or personal, economic, and otherwise financial gain
- a) Revolts can be considered treasonous when they are carried out by citizens or former citizens of the Viceroyalty of Bravia
b) A revolt sanctioned by the Viceroyal Council cannot be considered treason.
(4)Creating illegal armies
(5)Crimes of War
- 1.Revolts
- a)Revolts Sanctioned by the Viceregal Council cannot be prosecuted
b)Revolts in which the participants do not overtake the Town Hall or Viceroyal Castle will be considered Attempted Revolt
c)Revolts in which the participants overtake the Town Hall or Viceroyal Castle will be considered Revolt
d)Revolts which supported by word or by deed by persons not Citizens of Bravia are considered acts of Public Disorder
- a)Forcefully taking goods or money from a citizen is Robbery
b)Taking goods or money from Town Hall in a manner that is detrimental to the Town Hall
- a)Any attempt to rob or physically harm a citizen is Assault
5.Traveling with a group that disrupts trade or travel within the borders of Bravia
6.Insurrection - a)Revolts Sanctioned by the Viceregal Council cannot be prosecuted
- 1.Breaking a contract ~ Pending
2.Market Manipulation laws ~ Pending
3.Hiring below the county minimum wage(currently un-established)
- Pending.
- 1.Forging/tampering with evidence
2.Failure to appear for testimony
3.Lying under oath
4.Disrespect, while in court, of an Officer of the Court
5.Failure of persons in Exile or that have been Banished to inform the town or county of their crimes before declaring their candidacy.
F. Guidelines for Sentencing- 1.Damages can include the following : amount stolen, the value of goods stolen at the highest marked price of said goods either recorded, or on the markets of Bravia, compensation of extra militia hired in the town Hall, 20 Fr per person who claims to have helped in a revolt, 500 Fr for any lives lost
2.Families. Should Damages Exceed what the defendant may be able to pay, members of his family may be approached to make compensation.
3.Spouses. In the case the Defendant is married, the Spouse can be held responsible for up to half the damages.
- Light Penalties
- Fines, not to exceed 100 Fz except where the damages exceeds 100 Fz
- Role Play Sentences
- Fines, not to exceed 250 Fz except where the damages exceeds 200 Fz
- Jail time not to exceed 3 days
- Role Play Sentences
- Fines, not to exceed 500 Fz except where the damages exceeds 500 Fz
- Jail time, not to exceed 7 days
- Role Play Penalties
- Fines not to exceed 1000 Fz except where the damages exceeds 1000 Fz
- Jail time not to exceed 10 days
- Role Play Penalties
- Exile or Banishment, for crimes that allow Harsh Penalties, exile and banishment can only be considered for punishment after the second serious crime (crime that has a Harsh Penalty) has been committed by the citizen.
Severe Penalties- Exile or Banishment
- Sentencing can be any combination of the penalties at that level
- 1.Damages can include the following : amount stolen, the value of goods stolen at the highest marked price of said goods either recorded, or on the markets of Bravia, compensation of extra militia hired in the town Hall, 20 Fr per person who claims to have helped in a revolt, 500 Fr for any lives lost
- (1)Abuse of Power
- A) Bravian Town Circuit
- 1) Jurisdiction and process
- a) The Town Circuits have first jurisdiction over Infractions of Town Laws.
b) Mayor's, Mentor's, Priest's and Level 2's and above can file charges through the town Circuit to the PP, if they are citizens of the Town who's laws they wish to have enforced (meaning out of town citizens cannot press charges)
c) The PP approaches the defendant at his leisure offering him an RP Trial. Should the defendant not reply 24 hours after he is approached, the defendant waives his right to an RP trial, and the PP may press IG charges that same day, but is not required to.
d) The PP acts as a spokesperson for the Plaintiff (Mayor/Mentor/Priest/Lvl 2+) Responsibility for all wording and charges are on the Plaintiff
e) The Judge will make a ruling based on the case presented
- a) The town Circuit is the Lowest court and a court of PEERS. Should the defendant seek an appeal, s/he must approach the Mayor, Mentor, Priest, or a Level 2 of the same town and request either a re-trial, or a ruling by a higher court.
b) In the case of a re-trial, the Defendant charges the Plaintiff, and is responsible for all the wording and charges to be submitted to the PP. The Defendant must prove the Plaintiff was in error for the case to move directly to the Bravian Court of Justice
c) In the case of seeking a ruling by a higher court, the Defendant must have a petition signed by 5 citizens of the same town. The Case is resubmitted as is, and no new evidence may be submitted by the defendant, or he can be held in contempt of court. This trial is run at the county level, so can be overturned by either town or county law as the Judge rules. It is possible that the Judge may find the Defendant Guilty and fine the Defendant again for contempt of court. Should the Defendant not be satisfied with the verdict, s/he may follow the county Court process of appeals.
- a) The Town Circuits have first jurisdiction over Infractions of Town Laws.
- 1) Jurisdiction and process
- B) Bravian County Courts
- 1) Jurisdiction and process
- a) The County Courts have first jurisdiction over Infractions of County law, and can claim jurisdiction over town law if the town requests
b) Any person can file charges through the County Courts. Charges filed by non-Bravians may have up to a two day waiting period at the discretion of the Council and PP.
c) County Courts are manged exclusively IG. By Default, RP trials are not allowed at the County level.
d) If an RP trial is started, it has become a County level trial at the Town Circuit level, and subject to the same terms as the town circuit, except that the Viceroy or Viceregal Magestrate may act in the role of Prosecutor.
e) Charges are pressed by the PP, pending possible discussion with the Council.
f) The judge will make a ruling based on the case as presented. Should the defendant not appear in court, the verdict will always be guilty, the fine is at the discretion of the Judge.
- a) In the case of an RP trial, Appeals are followed in the same manner as that of the Town Circuit
b) In the case of an IG trial, the defendant may seek a re-trial or an appeal.
c) In the case of a re-trial, the defendant accepts the final decision of the Judge and is put on a waiting list for the Next Viceregal Council to present the case again, possibly with a new judge and PP. If the Judge finds the Defendant Guilty, no fine may be imposed, but the Defendant may proceed to the Court of Justice
d) In the case of an appeal, the defendant must have a petition signed by 10 citizens per town, including at least one mayor to proceed to have their case heard by the Court of Justice
- a) The County Courts have first jurisdiction over Infractions of County law, and can claim jurisdiction over town law if the town requests
- 1) Jurisdiction and process
- C) Bravian Court of Justice
- 1) Jurisdiction
- a) The Court of Justice is only a Court of appeals. They have final jurisdiction over Infractions of County and Town law.
b) A case will only be heard by the Court of Justice IF proper channels are followed. Any attempt to bring a case to the Court of Justice will be returned, and have a negative score tagged should the case reach the Court of Justice.
c) The Court of Justice is an RP Court.
- a) The Court of Justice is presided over by the Mage
b) The Court of Justice is managed by the Viceroy
c) The Viceroy will maintain a Grand Jury, a group of up to 15 citizens of Bravia, representing all towns in the Viceroy
d) The Viceroy will send this group of citizens to the defendant, who will choose 4 or 6 to serve as his Jury. One of the Judges who handled the case will sit as the 5/7 member of the jury. Once selected, the Jury will elect among themselves a speaker.
e) The Defendant will present all the evidence, including any lack of evidence, and make a final argument on his behalf. ONE POST IS ALLOWED. The PP will refute the Defendant. ONE POST IS ALLOWED.- The Defendant is allowed to make one closing statement not to exceed 2 paragraphs or 600 characters. Any statement beyond this is to be disregarded by the Jury.
- The PP is allowed to make the final closing statement, not to exceed 1 paragraph or 300 character. Any statement beyond this is to be disregarded by the Jury.
g) Except in rare circumstances, this is the final court of appeal. It is at the Mages discretion whether he will hear another appeal, or not.
- a) The Court of Justice is only a Court of appeals. They have final jurisdiction over Infractions of County and Town law.
- 1) Jurisdiction
- A. County Terms
- 1. Bravianite - Any Person living or dead who own's Fields or workshops within the town's of Paz, Bravia or Cork
2. Citizen - Any person who is identified as a Citizen of Paz, Bravia or Cork
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.
5. Lenience - Any right or privilege not regularly granted an individual or group. Requires a Council vote with a simple majority.
6. Support - any act or trade with the intent to aid a particulare person, group or people. This is subject to the Judges interpretation of the act in question.
7. Welfare - The act of increasing the overall good of a majority
8. Spirit of the law - The translation of the law to benefit the welfare of the citizens of the VR of Bravia
9. war crime - Charged as Treason or Crimes against Nature, at the Discretion of the PP. War Crimes are not specifically covered, and are judged by the acts and damages done.
- 1. Bravianite - Any Person living or dead who own's Fields or workshops within the town's of Paz, Bravia or Cork
- 1. Carry arms - the act of carrying any item that can be used in defense or offense in ones personal inventory and not equipped.
2. Bear arms - the act of carrying any item that can be used in defense or offense in ones personal inventory and equipped.
3. Detrimental - The state of performing a deed or action, or the statement of such that leaves a person, office, or institution at any sort of deficit, be it personnel, finances, prestige/reputation, or inventory
4. Voting Public - Every Citizen of any town in the VR of Bravia. This includes the people who are not active in town life(forums)
5. Curel - The act of superseding established order with another established order. Exemplified by Town Law being superseded by County Law, where as County Law is retroactive to the time of establishment of the VR of Bravia.
6. Contract - An Agreement between two persons. Contracts cannot be made between more than two people, separate contracts are required. A contract can allow a Bravian to engage in activity that might otherwise be illegal. The List of allowances covered by Contracts is as follows:
Hiring Below Minimum wage
