Chairman of the Citizen's Council of Luminion
By the will of His Majesty of the Enlightened Kingdom of Luminion, the powers of judgment be His delegation to the Supreme Court of Luminion, where the means to ensure the People of the Kingdom abide by the laws of the Realm, and are protected from those that do not. It is through His Grace that the Supreme Court of Luminion be granted these permissions.
I: Composition of the Court
II: Order and Procedure
III: Sentencing & Appealing
IV: External Delegation
V: Cillari Law
- The Supreme Court is the delegatory judicial branch of the Enlightened Kingdom of Luminion held to principle the codified and uncodified laws of the realm, enabled so by the Crown at their discretion on matters of law and punishment, the judicial head of all external and internal Courts, such as Regional Courts and Lower Courts.
- Regional Courts are defined as internal Confederal Courts local to a specific semi-autonomous region within the Enlightened Kingdom, but are held accountable and inferior to the Lower and Upper Courts of the Enlightened Kingdom, but may follow the same principles as a Lower Court in functioning unless the Supreme Court takes over the matter.
- A court is held by appointed members of the Magistraterial Council, to which there are five, done so at the discretion of the Crown or an Assembled Committee overseen by the Citizen’s Council at the jurisdiction of the Crown as a delegatory actor. But these, akin to all Civil Bodies, may only be sat by the Azari’cill.
- The Magistraterial Council shall make up a universal portfolio that adeptly represents the citizenry of the realm, insofar as to include law practitioners of various dispositions.
- The Magistraterial Council must not hold any other position in the civil government.
- The Magistrates of the Court, or simply Crown Magistrates, are appointed to a life-peerage position unless deposed by the act of the Crown.
- The Crown may dispose of Crown Magistrates at their discretion. The Crown Magistrates may pledge to depose a member at a 4:1 ratio against a Crown Magistrate.
- The Magistaterial Council is assembled by appointees to fulfil the role of interpreting the Laws of Luminion to deliver judicial clarification, settle disputes and produce the means of sentencing.
- The five Crown Magistrates, as in the Magistraterial Council, shall be the Upper Court.
- The Upper Court has overarching jurisdiction over all matters of law within the realm and may delegate accordingly to specific cases.
- The Upper Court may adjourn a court session to an independent military commission that will thereafter see to the case and sentencing, as seen in Article IV, Subsection III.
- The Upper Court may, in its power, delegate authority to the Lower Court, consisting of 10 appointed Civil Magistrates at unanimous vote of the Magistraterial Council or at the discretion of the Crown, to deal with smaller matters, cases and crimes, such as theft, barbarism, greed and self-mutilation.
- The Upper Court may, as seen in Article II, Subsection III.F, form a random Citizen’s Jury to help advise the Magistraterial Councils on a decision made.
- The Citizen’s Jury may not prescribe any sentencing, or be an authority on law, but may be required to offer universal input, add clarification and hold the Magistraterial Council to accountability.
The Magistraterial Council will deliberate preemptively on the session by evaluating the evidence, case and prescribed defense and prosecution by interpreting the Law of Luminion, this can be done so in a closed session alongside advisors and key members attributes of the future session.
A case may only be enacted by the Supreme Court after a petition has been made by the Citizen’s Council on behalf of an Assembly or done so by any other means, and accepted. This includes cases on civil reimbursement, the settlement of civil disputes, to evaluate a crime that has been committed or to bring to court a person or property that has broken the law.
- The Court Session begins with an announcement from the overseeing Magistrate, or a designated Speaker of the Court, who explains a brief summary of the reasoning behind the trial and the circumstances leading up to the trial.
- Once a Court Session begins, any external defenses, evidence, speakers, and any other entities that may impact the final judgement must be cleared by the Overseeing Magistrate during a time of deliberation.
- The Rules of Engagement within the Order of Procedure can be found HERE. The Order of Procedure is as follows:
- The Opening of the Court as seen in Subsection I of Article II. This is where the overseeing Magistrate will summarise the trial, introduce the defendant, and if necessary, list the broken laws, and notify of any important information such as citizenship status, purity level and so forth.
- The Accused, in that someone who has been found to have broken laws, or been petitioned to be judged on behalf of an external body, may proceed with a preliminary plea of guilt. The terms of the plea are to be discussed, and agreed upon prior to any court proceeding if agreed upon by the Supreme Court, otherwise the circumstances of a guilty plea will be discussed in Article III, Subsection V.
- A Moment of Deliberation will conclude the defense, or plea of guilt, so that the Magisters may discuss the narrative and the prosecutors, if any, have time to rebuttal the defence. This intermediate period also serves as a break for any spectators, Citizen Jury and other entities related to the trial. It is in this period that external evidence, as seen in Article II, Subsection II, may be gathered.
- The end of the Moment of Deliberation is announced by the return of the Magistrates of the Court, who open the floor for the prosecution to reply to the defense.
- The Prosecutor may take form as many entities, the representative of the victim of the crime, a member of the Citizen’s Council or the Supreme Court or, in special cases, a Military Supervisor during a Military Tribunal. Their role is to clarify what laws have been broken, why they are on trial, and justify the sentencing they wish to occur.
- If a Citizen Jury is present during the trial, it is at this moment that they are obliged to write down their verdict, in that they simply and secretly scribe ‘Guilty’, ‘Innocent’ or ‘Abstaining’ which is then collected by an Usher who hands it to the Magistrate or Speaker overseeing the trial. These are to be retained, and only mentioned in correlation to the future verdict as seen in Article I, Subsection VI.
- The second Moment of Deliberation occurs where the findings of the Magistrates, and the Citizen’s Jury if present, are discussed amongst the judges. There can be no more defenses or accusations made at this point unless the court is adjourned to a later date.
- The Magistrates Court may adjourn the Court Session if it finds the inability to come to a consensus over the trial, and therefore further investigation needs to occur.
- It may be adjourned if the accused has a plea of guilt, as seen in Article II Subsection V.
- Any other external factors contribute to the need for the trial to reconvene at a different date.
- The Trial is then concluded when the Magistrates return and announce the sentencing, whether guilty, innocent, or adjourned. It closed the Court Session and the sentencing may proceed.
The Magistraterial Council has the only authority, aside from the Crown and representative Royal officials, to declare any sentencing after a Trial has occurred. And can do so without question if their reasoning is sound. A Trial can end in a number of ways, such as a Sentence of Impurity (Guilt), Sentence of Purity (Innocence), Adjournment, or a Plea of Guilt or under rare circumstances, a Deference of Power to a Military Tribunal as seen in Article I, Subsection V.B to form their own sentencing.
- The Supreme Court, as the delegatory body of the Crown as the highest station of Law in the Enlightened Kingdom, has absolute authority over the interpretation of Law, the enactment of the formation of Law, and with it the power to sentence and scrutinise appealings. All other bodies of Law, including regional councils, are subject to the Supreme Court and the Magisterial Council.
- Courts, though largely only the Supreme Court, in its nature as a practitioner and forming body of Law, may create law through its sentencing if no law has been in place to do so, this is called Common Law, and yet to be codified officially.
- No matter the trial conclusion, all evidence must be kept within the Supreme Court’s possession unless transferred to a Military Tribunal. Even if the accused is found innocent.
- Upon the Trial concluding with a Sentence of Impurity:
- The accused has been found guilty, and shall, without intervention, be subject to punishment according to their individual case, that formed either by the Supreme Court, the Magisterial Council, the Upper Court and Lower Court accordingly, or at the agreed upon prosecuting agenda or attributing to the Plea of Guilt of accepted.
- The accused will be transferred to the Tyr’es Alari to be imprisoned if necessary, to execute if necessary, to be extradited if necessary, expelled if necessary or banished if necessary, and to be watched if necessary. Any tax repayments, civil service, or otherwise will be delegated to the Civil Office of Luminion accordingly.
- Any repossession of property shall be enacted by the Civil Office of Luminion or the Crown Monarch.
- With the Sentence of Impurity, all forms of punishment are permitted, including capital punishment.
- Upon the Trial concluding with a Sentence of Purity:
- The accused may indeed be reimbursed for any income lost due to imprisonment, the trial, or a loss of pure reputation in society, paid to by either the Crown or the prosecuting. The amount will be discussed by the Magisterial Council if a case is made requesting reimbursement.
- The accused is to be immediately freed and returned to their property.
- If the matter is adjourned, a future court session will be made under the same procedure as seen in Article II, and is similar to the Plea of Guilt.
- A Plea of Guilt is when the accused, as seen in Article II, Subsection III.B, agrees upon the sentencing forwarded by the prosecutors before the court proceeds, though the Magisterial Council may override this, accept the Plea of Guilt, and form their own verdict if a vote of more than 4:1 occurs against the preliminary plea deal.
- All sentencing delegated to an external body shall be done so at the concluding verdict of the session agreed upon unanimously by the Magisterial Council if the delegated body petitions, or agrees, to it. As seen throughout Article IV.
- The Lower Courts, and Regional Courts, may adjourn a Court and defer authority to the Upper Court should the Law/s broken present justification to do so, or the case has evolved in a nature that requires the Upper Court to take jurisdiction over the matter, as seen in Article V.
The Magistraterial Council may delegate authority of sentencing during specific circumstances in what is known as a Deference of Power, in that an external panel will be formed to carry out the conclusion of a trial, accept and enact on a verdict or completely hold the trial in their own authority.
- The Magisterial Council may not revoke this privilege after the external session has been concluded. In that the external body is recognised as having absolute authority over the delegated case.
- The only exception to this is the intervention of the Crown Monarch, who may not enact a sentencing, but can defer the case back to the Magisterial Council if found to have sound reasoning.
- For matters of the military, in that an accused has broken the Codes of Conduct seen HERE, a separate Military Tribunal may be formed.
- Foreign soldiers, envoys, spies and statesmen may also be trialled by a Military Tribunal at the approval of the Upper Court.
- The Military Tribunal is to disband immediately after sentencing, but may be reformed if the case is adjourned, and remade once delegated to do so, but may not exist as a permanent structure.
- The Military Tribunal may both carry out the sentencing, and involve a Citizen’s Jury as seen in Article I, Subsection VI and Article II, Subsection III.F, and execute punishment as laid out in Article III, Subsection III.
- The Military Tribunal may invite Lawmakers, Statesmen, Juries and other individuals to advise the military on matters of law, state and civil conduct.
- The Upper Court and Lower Court and independent Military Tribunals, may conclude a trial, as seen in Article II, Subsection IV, and form a Purity Trial, an extremely severe religious tribunal.
- The case is delegated to a Temple Tribunal consisting of important figures in Liminion, with the Diarchs having authority over the verdict. The composition of the Temple Tribunal and the Purity Trial are a High Priest, a Senior Military Official and a Civil Minister.
- The Diarchs may appoint someone else to act as a judge if the composition does not equate to a total of five judges.
- The Purity Trial will result in either the immediate execution of the accused if found guilty.
- The Purity Trial may result in someone deemed innocent to be investigated further, imprisoned, expelled, disinherited, made impure, and many more punishments still decided on by the Temple Tribunal.
Cases of broken Cillari Law are more often than not split between Upper and Lower Courts depending on the nature of the Law broken, or intended to be broken. With Regional Courts able to function as Lower Courts and provide the necessary judgement, and execution of sentencing, per cases within their territory and jurisdiction. Cillari Law is beholden to all confederal territories within the Enlightened Kingdom who are in itself represented by the Supreme Court and Magisterial Council who may interpret and permit the formation of new law. The Regional Courts, and Lower Courts, are unable to form their own law and must prescribe to the mandate of the Supreme Court, though may sentence on the ideal of ‘Common Law’ as seen in Article III, Subsection I.A, that is scrutinised by the Supreme Court and either introduced as Cillari Law, or remains uncodified.
Not all law is Cillari Law, for Common Law may exist, yet remain uncodified, and up for interpretation by the Supreme Court if civil disobedience is cause for review. To this, the Laws of the Enlightened Kingdom remain semi-codified.
- First Law: The Citizens of the Mother’s Blessed Enlightened, in any of those accepted to dwell as either Academic, Temporary or Permanent Citizens, and those deemed ‘Outsiders’ - will not tolerate any act of barbarism against one another. To do so, is to be subject to judgement at a Lower Court.
- An ‘Outsider’ is any individual, foreign entity, or foreign-subject not yet, or not at all, subject to the Citizenry Census of the Civil Office of Luminion and may forgo the Right to Trial or Representation and are immediately subject to imprisonment till a Trial occurs.
- This encompasses all forms of physical violence, threat of use of physical violence, the delegation of the use of physical violence or the indirect use of physical violence to do harm upon a Citizen of the Enlightened Kingdom.
- Self-Defense is described as ‘the use of physical violence to reduce the impact of being a victim, to protect one-self from physical harm’ but this does not extend to the intentional killing of one’s assailant.
- Second Law: The Citizen’s of the Mother’s Blessed Enlightened Kingdom will not tolerate Acts of Uncontrolled Greed. To do so, is to be subject to judgement at a Lower Court, be given a Warning, or a Fine.
- Acts of Uncontrolled Greed are defined as the means of ‘attaining any form of property, income, wealth or resource that is not rightfully their own, and has been gathered using illicit means that may do harm to another financially, emotionally and physically.
- Third Law: The Citizen’s of the Mother’s Blessed Enlightened Kingdom will not tolerate the intentional destruction of property, in that Civil or Private property is spoiled, destroyed or damaged and may harm the financial stability, residential security, emotional wellbeing or physical enduring of the victim. To do so, is to be subject to judgement at a Lower Court or Upper Court if judged to be severe enough.
- Fourth Law: The Citizen’s of the Mother’s Blessed Enlightened Kingdom will not tolerate the intentional self-mutilation, or attempted, of one’s body for purely aesthetic purposes. To do so is to risk a Purity Trial or judgement of the Upper Court.
- Self-Mutilation is the purposed attempt to alter one’s own body and desecrate the sanctified Mother's Gift of the Body. This includes, but not only: jewellery that pierces the skin, permanent alteration of one’s skin, hair- but not length-, eyes, teeth and more unless necessary for medical, security, military or religious reasons.
- During certain religious holidays, the use of temporary paint is permitted if blessed by the Temple to do so, such as Aesteana’ayis or Midsummer's Day. But may only exist during the celebration.
- Second Class Citizens, and Outsiders, may adjust their bodies in the aforementioned way without severe repercussions but will still face judgement, shunning and impurity even if not subject to trial or evaluation.
- The encouragement to break the Fourth Law, even as an Outsider, will be cause for immediate arrest and a Purity Trial, or held to by the Upper Court, a trial.
- Fifth Law: The Citizen’s of the Mother’s Blessed Enlightened Kingdom will not be victim to the missionary work of heretical, impure, heathenry, and astray beliefs. To do so, is to be held to Trial by the Lower Court, Upper Court, Military Tribunal or Temple Tribunal.
- All Outsider faiths are hereby unrecognised by the Enlightened Kingdom, and practitioners of these beliefs may not exercise their preaching in an intentional attempt to indoctrinate the Citizen’s of the Enlightened Kingdom.
- To construct effigies, symbols, temples, and other sacred structures in the public and civil eye of the Enlightened Kingdom will not be tolerated, and such sites shall be purified. Non-Permanent Citizens and Second Class Citizens may prescribe to their Outsider Faith within the confines of their own private home, but not preach of them to First Class and Permanent Citizens.
- Sixth Law: To speak of the Pantheon of the Phoenix in a way to undermine their authority, existence, or significance within the borders of the Enlightened Kingdom will not be tolerated.
- Seventh Law: The Citizens of the Mother’s Blessed Enlightened Kingdom will not tolerate the purposed attempt to hide one’s identity, in that it attains to the idea of criminal activity, make matters of identification harder, and may induce a sense of unease throughout the Kingdom. To do so, will be justification for the Tyr’es Alari to investigate should they deem the breaker of the Seventh Law to be a threat. To do so, is to be issued a Warning, or trial at Lower Court.
- Obscuring one’s identity is defined loosely as ‘any attempt to subvert attention from oneself through means of identity theft, the designing of an alias, and alternate one’s features’.
- The only exceptions to this are ‘Outsiders’ who retain their uniform, and citizens of the Enlightened Kingdom who undergo uniform, garments, or attire for matters of civil security, religious events, diplomatic security.
- Eighth Law: To intrude on the private property of a Citizen of the Enlightened Kingdom, be that a Temporary, Academic or Permanent Citizen, will not be tolerated. To do so, is to be issued a Warning, a Lower Court Trial, or a fine.
- The Tyr’es Alari may request to the Civil Office, with justification, the right to enter the property of a Citizen of the Enlightened Kingdom on suspicion of breaking any Law, to bring them to imprisonment, extradition, execution or trial, or of a Citizen’s life, physical and mental integrity, is being threatened