Rituals - ✠ Rules for Trial Procedure ✠

Apateus

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A copy is also kept in the Temple Rules' Archive in the Vater's Palace [!]


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✠ Rules for Trial Procedure ✠

7, Starfall, 1543, definitive
Trial Start

Requirements for a Ritual Trial

A Ritual Trial, where all the accusers, witnesses and accused are gathered in front of Elric, starts when there are a number of witnesses and accusations deemed sufficient by the Vater or an Inquisitor for the possible conviction of an accused.
The trial aims to shed light on a doubtful case or one to which particular attention is wanted, recalling Elric's blessing.

In the event that the Inquisitor or the Vater witnesses a crime directly, or that the testimonies are of shocking relevance for the Vater, it is possible that the trial does not take place in person but that the sentence is released directly without a ritual trial, with an official document by the Vater.

This tradition is called "Direct Sentencing".


Procedure


Declaration of the type of crime
The type of crime will determine the starting punishment, which can be avoided, reduced or increased with the final judgment of the trial.
For the list of the Crimes and their Punishments, see “Crimes and Punishments”.


Opening Statements
Trial2.jpeg

The prosecution and defense tell their versions of the facts, after having sworn complete honesty in front of Alder.

Witness hearing
All testimonies are read and heard. Leaving a written and signed testimony is permitted.


Blades of Guilt: How to Evaluate Witnesses.

An accused is deemed guilty of the declared crime and therefore sentenced if he receives the ninth "Blade of Guilt", assigned by the Judge according to the following rules:

  • Each valid Witness of high Nobility rank or non-cultist Cleric, or Abbot who testifies for the claimant is awarded four Blades.
  • Each valid Witness who is not among the above but still a citizen of Hadriana is awarded two Blades.
  • Each valid Witness who is not from Hadriana awards a single blade.

Testifying for the defense instead removes the "Blades of Guilt".

The following rules are finally applied:

  • Testimonies of direct relatives of the claimant or defense (parents, children or siblings) are worth half, rounded down.
  • Subsequent members of the High Nobility of the same noble house who testify on the same side, are worth half, rounded down.

Deliberation

The Judge and the accompanying Inquisitors withdraw to judge which testimonies are considered valid for the sentence, assigning mitigating and aggravating circumstances to the punishment.

They then communicate the sentence to the accused.

Another document, "Crimes and Punishments" was attached 7, Greenfall, 1543


✠ Crimes and Punishments


Crimes list

Blasphemy

The accused openly and abusively insulted Alder or one of his direct representatives in the higher clergy: Erzbishops, Inquisitors or the Vater himself.
For the clergy, inappropriate behavior or a violation of the rules of conduct promulgated by the Vater, of the dress code is also considered blasphemy.

Punishments:
Punishments start from the 1st degree (see below)

Heresy
The accused has directly opposed the truth of the Alderist belief, performed Voidal sorcery, or openly questioned the authority of the Vater.

Punishments:
Punishments start from the 2nd degree (see below)

Breaking of oaths sworn to Alder
The accused violated an oath to Alder swore publicly to the Kaiser, the Vater or a member of the clergy at a ceremony, or put in writing in a document mentioning Alder as a guarantor.

Punishments:
Punishments start from the 3rd degree (see below)

Marriages and Adulteries
The accused has violated, in part or in whole, the oath of allegiance to the sacred wedding vows sworn in the eyes of Alder.

Punishments:
Punishments start from the 2rd degree for partial violation (adulterous behavior).
Punishments start from the 3rd degree for proper violation (adultery).
(see below)


Aggravating factors: Aggravating factors increase the sentence’s punishment by one degree.
  • Recidivism: The crime was committed for the second time or more. Having violated a condition of adjudication from a previous conviction is considered recidivism.
  • Lèse majesté: The crime was perpetrated in the presence of the Vater or the Kaiser, this aggravating circumstance can be ignored only with the permission of the Vater or the Kaiser.
Mitigating factors: Mitigating factors reduce the sentence’s punishment by one degree.
  • Generic mitigating factor: A mitigating circumstance that can only be attributed by the Vater himself.
  • Moral mitigation: The accused actively tried to repair the damage in some honest way.

Degrees of Punishments

Minor offense
A minor crime is punished with a monetary fine, from a free donation to a pre-established sum of 200 Andros.

I degree of punishment
Non-nobles

The condemned non-noble is forced to serve for five years in the Sisters of Alda or the Cult of Mortius. If he breaks duty, see "Breaking Oaths Sworn to Alder."

Nobles and Clergy: The three judgements
The condemned nobleman or clergyman will be able to choose one of the following judgments.
You cannot take a vow you have already taken (Herold can’t take a vow of chastity to serve a sentence for example).
For breaking or lying about one of these vows see the crime "Breaking oaths sworn to Alder".

  • Vow of humility: The condemned will be forced to declare his treasure, swearing it is the truth, and donate half of it to the temple. The fine cannot be reduced to less than 1000 Andros.
  • Vow of silence: The condemned person will no longer be able to say a word until the Temple decides otherwise
  • Vow of chastity: The condemned will be forever excluded from the line of dynastic succession if noble, he will no longer be able to marry or have legitimate children until the Temple decides otherwise. Should the Vater accept the status, assuming the office of Herold fulfills this penalty.

II degree of punishment
Exile (revocable with Kaiser's Grace),
or alternatively status of "Cultist of Dolus"* (only for Blasphemy or Heresy).


In the case of Marriage, annulment can be provided in case of exile as the condemned person is ousted from the Attian Society.
For the violation of Banishment, see "Breaking Oaths Sworn to Alder."


III degree of punishment
Decapitation via flaming ceremonial Zweihander.


*Notes on the Status of Cultist of Dolus:
Oaths sworn to Alder, including oaths of marriage or vassalage, will be considered lies: null and void before Alder.
A cultist of Dolus is completely excluded from religious life: he cannot swear, he cannot enter a temple, he cannot marry.
They will lose this status only after an official apology to the Vater and an act of penance decided by him.


Notes on Grace:
The legislative and judicial powers referred to in this code come from the Vater and the Kaiser, and as such both the Vater and the Kaiser are able to extend their "Grace" on a condemned person with an official document, saving him from punishment, if superior reasons lead them to consider the act necessary.
 
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