Penal Code of Ebenthal
|Penal Code of the Kingdom of Ebenthal|
|Created||12 January 2020|
|Ratified||16 January 2020|
|Authors||King Arthur II|
The First Lord
The Penal Code of Ebenthal (Portuguese: Código Penal de Ebenthal) its Ebenthal's penal and criminal code which codifies all criminal ofences and procedures. It is the country's second ever penal code, following the suspension of the Ebenthal's original penal code by King Mateus I in Augusto 2019. The penal code was written by the current monarchm King Arthur II and subject to approval by the Tribune of Truth and Ebenthal's former unicameral parliament, the Conclave. The code is considered one of the most radical penal and criminal codes in the world with extremely harsh sentences and few options for appealing the prosecution. Among other things, the penal code institutes penalties for discriminatory crimes, animal abuse, crimes against nature, corruption, murder, aggression, theft, treason, etc. The minimum penalty is two years in prison, the maximum is the death penalty (which is de facto commuted to banishment). There is no life sentence. All incarceration penalties provide with forced labor.
The legal nature of criminal law
The criminal law is classified as substantive law as it defines the contents of crimes and penalties and clarifies the conditions under which a country can carry out a punishment. On the other hand, it is mainly the Tribune of Truth that stipulates how an investigation/trial should actually be carried out when a crime in the Penal Code is committed. Furthermore, it is the Criminal Treatment Law that defines the method of actually executing a punishment. These fields of law are collectively referred to as "criminal law," but criminal law is positioned as the central law of criminal law. Also, when the legal system is divided into public law and private law, it is understood that it belongs to public law in Ebenthal.
Criminal code types
Criminal criminal law
The criminal penal code refers to the criminal code relating to the punishment of acts that are thought of as morally wrong and are considered punishable. In Ebenthali law, in addition to the criminal code, explosives control and punishment for violent acts, etc. belong to the criminal penal code.
Administrative criminal law
In order to achieve the administrative purpose, the criminal law regarding the punishment of acts that violate administrative laws is called the administrative criminal law. Administrative criminal law has weaker moral elements and stronger administrative elements than criminal criminal law. As it covers all areas of administrative regulations such as tax and economic criminal law, its content is also extensive.
As Ebenthal has no sufficient geographic size, manpower or money to sustain a prisional system and enforce most penalties, the latter are divided into the de jure penalties, as foreseen by the penal code, and the de facto penalties, as the de jure penalties are interpreted and executed as the Tribune of Truth seems fit.
- Death penalty is allowed according to the penal code, but due to major problems enforcing its execution, it is automatically commuted to perpetual banishment. Legally, death penalty should be carried by dissolution into acid. Crimes punishble by death are:
- High treason (Pt: Lesa-Majestade)
- Qualified homicide
- Purposeful water pollution
- Serious mistreatment of animals
- Serious aggression of the disabled
- Serious environmental crimes
- Civil torture
- Human trafficking
- Organs trafficking
- Enemy espionage
- Torture is allowed according to the penal code in order to acquire valuable information in matters like serious crimes and war. The sentece has only once be applied as defined, and is usually carried as mental torture through threats.
- As the micronation lacks a prisional system, incarceration is interpreted and applied in different ways, ranging from temporary loss of political rights and citizenship to exile for as long as the sentence take place, including perpetual banishment.
- The Penal Code predicted debt bondage until November 2019 (when it was prohibited by the Regent).