Criminal Code of Marienbourg

The Duke's Criminal Code
Created	1 February 2023
Location	Blauerhimmel, Marienbourg
Author(s)	Constituent Assembly
Purpose	Criminal and penal code

The Criminal Code of Marienbourg, officially called The Duke's Criminal Code (Portuguese: Código Criminal do Duque) is the codification of the Marienbourgish criminal law. It codifies offences and procedures. The Constitution of Marienbourg, as interpreted, stipulates that the Ducal Diet has the sole jurisdiction over criminal law. The Criminal Code is formed by defences and statutes, although customary law may also take place as long as it does not contradict neither the Code nor the Constitution. The Code was developed by the Constituent Assembly and promulgated along with the Constitution in 1 February 2023. One of the conveniences of the Criminal Code is that it constitutes the principle that no person is able to be convicted of a crime unless otherwise specifically outlined and stated in a statute.

Sanctions

Article 32 of the Criminal Code stipulates sanctions, i.e., punishments to be applied for criminal offences committed as determined by a judge of law. Acknowledging the inherent lack of state infrastructure that comes with its status as a micronation, nearly all sentences in Marienbourg are automatically commuted to loss of citizenship or banishment. However, the different degrees of sanctions are maintained for socio-educational purposes such as encouraging the non-practice of criminal offenses and alerting to the seriousness of the crimes committed.

Fines

It can be a specific amount or an amount of day rates. The latter means that the court first decides how many day rates shall be paid (from 10 to 360), and then decides what the day rate of the offender is (from 10 to 2000 MAT). Depending on the offender's income, fines vary from 100 MAT to 1.080.000 MAT, if not exacerbated, mitigated or for concurring crimes.

Restriction of freedom

The main goal of this sanction was to introduce the community service punishment, but since offender's consent is needed, it is not often used. Restriction of freedom can last from 1 to 12 months. The convict cannot change their dwelling-place without a court's consent, is obliged to perform the imposed work (20 to 40 hours a month or 10 to 25% of earnings instead), and is obliged to inform proper institutions about carrying out the punishment.

Imprisonment

The imprisonment period ranges from 1 day to life imprisonment. Article 54 of the Criminal Code allows sentencing minor offenders, provided they are over 13 years old, up to life imprisonment, whilst the higher possible punishment for children younger than 13 is that of 25 years. The crimes to which life imprisonment applies include such as commencing an offensive warfare, conspiracy against the state, second degree murder (including that of pets), deforestation, drug trafficking, espionage, corruption. The conditional release from serving the full sentence is allowed after serving a third of the sentence. As previously states, since the state has no means to carry out the sentence, life imprisonment is automatically commuted to banishment, whereas common imprisonment is commuted to loss of citizenship and all civil rights for the duration of the sentence.

Capital punishment

This very aggressive punishment is reserved to the most severe crimes. Article 56 of the Criminal Code dictates that capital punishment shall be carried out by the most state-friendly methods, ranging from hanging to keelhauling by a car to death, according to the commited offence. The crimes to which capital punishment applies include such as genocide, first degree murder (including that of pets), terrorism, high treason, rape, human trafficking, slavery, corruption, torture. As previously states, since the state has no means to carry out the sentence, capital punishment is usually automatically commuted to banishment.