Penal Code of Ebenthal

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Kingdom's Code
Created12 January 2020
Ratified16 January 2020
LocationMalmünd, Ebenthal
Author(s)King Arthur II
SignatoriesThe King
The Seneschal
The First Lord
PurposeCriminal and penal code

The Penal Code of Ebenthal, officially Kingdom's Code (Portuguese: Código do Reino) is the codification of Ebenthal's criminal law. It codified offences and procedures. The Tribune of Truth's interpretation of the Constitution of Ebenthal establishes they as sharing jurisdiction with the Grand Parlor over criminal law. Enacted by King Arthur II in early 2020, the Penal 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. It is sometimes regarded as one of the harshest criminal codes in modern history for having brutal and sometimes cruel sentences and granting few opportunities for appeal to the prosecution. For example, the code institutes death penalty for environmental crimes, it allows torture as means of state punishment and provides all sentences with forced labour.

Legal nature

The criminal, or penal 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.

Sanctions

The Penal 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 Ebenthal 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.

Restriction of freedom

The main goal of this sanction is to introduce the community service punishment; the offender's consent is not required. 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 25 to 50% of earnings instead), and is obliged to inform proper institutions about carrying out the punishment.

Imprisonment

The imprisonment period ranges from 1 to an undertermined number of days. The code, however, does not predicts life imprisonment. Crimes to which imprisonment applies include thievery, mild sexual abuse, drug trafficking, possession or demonstration of illegal objects or products, mild to medium non-aggravating bodily injury (including animals). There is no conditional release from serving full sentence. However, as previously stated, since the state has no means to carry out the sentence, imprisonment is automatically commuted to commuted to loss of citizenship and all civil rights for the duration of the sentence. The Penal Code allows sentencing minor offenders, provided they are over 12 years old.

Capital punishment

This very aggressive punishment is reserved to the most severe crimes. The Penal Code dictates that capital punishment shall be carried out by dissolution in acid. However, other means of execution are tacitly accepted. The crimes to which capital punishment applies include such as commencing an offensive warfare, conspiracy against the state, first degree murder (including that of pets), deforestation, espionage, corruption, grievous sexual abuse (rape), genocide, terrorism, high treason, human trafficking, organs trafficking, slavery and torture. As previously stated, since the state has no means to carry out the sentence, capital punishment is usually automatically commuted to banishment.

References