Pantocratorian criminal code
The Pantocratorian criminal code consists of several acts of the Pantocratorian Imperial Parliament and imperial decrees, most notably the Edict Standardising Crimes of 1572 (issued at New Rome by Emperor Constantine XIII), the New Constantinian Code of 1650 (issued at New Rome by Emperor Constantine XX), and the Imperial Crimes Act (passed in 1712 by the Imperial Parliament and amended several times since). Since the advent of the Drapeur Government, a movement to simplify the myriad of different edicts and pieces of legislation into one criminal code act has gained some political momentum in certain elements of the Pantocratorian Socialist Alliance and Constantinople Party. The following is a non-exhaustive discussion of the criminal code in effect in Pantocratoria.
Murder
There are several categories of the crime of murder, ranked here in order of severity. Note that some murders are classified as treason in Pantocratoria and thus are listed in that section. The combination of any of the following types of murder with rape or torture perpetrated against the same victim, or the commission of five or more separate murders, make the death penalty available (but never compulsory) to the judge in passing sentence.
Murder of a Worthy of the Empire
The murder of a nobleman, a knight of the Order of the Pantocrator, a judge, a member of parliament, a military officer of rank OF4 or higher, or a churchman of the rank of bishop or higher. Typically punished by a term of thirty years to life in prison, the death sentence is also available to judges for this crime.
Mass Murder
The murder of five of more persons in one criminal act. Typically punished by a term of thirty years to life in prison, the death sentence is also available to judges for this crime.
Murder of an Officer of the Emperor's Justice
The murder of a police officer, criminal law attorney, court bailiff, or any person enacting a warrant, summons or other command issued in the name of the Crown (for instance, a judge's clerk serving a summons). In the Despotate of New Constantinople, the charge of Murder of an Officer of the Despot's Justice is identical. The legal defence of self-defence is unavailable in answering to this charge - a defence attorney pursuing a 'self-defence' strategy will first need to have the charge itself reduced on the grounds that the officer of the Emperor's justice in question was not acting as an officer of the Emperor's justice at the time. Typically punished by a term of thirty years to life in prison.
Murder of an Imperial Citizen
The murder of a person holding Pantocratorian citizenship. In the Despotate of New Constantinople, the charge of Murder of a Citizen of the Despotate is identical. Typically punished by a term of twenty five years to life in prison.
Murder
The murder of a person not holding Pantocratorian citizenship. Typically punished by a term of twenty to thirty years in prison.
Attempted Murder
The attempted murder of any person typically carries a sentence of imprisonment of five to ten years less than the successful commission of such a murder would have done.
Manslaughter
There are several different categories of manslaughter, none permitting a sentence of more than twenty years in prison, and many not requiring any term of imprisonment at all, depending on the judge.
Rape
There are several categories of the crime of rape, ranked here in order of severity. Note that some rapes are classified as treason in Pantocratoria and thus are listed in that section. All the verbiage surrounding the crime of rape in the various pieces of legislation and edicts on the matter regard the victim of such a crime as exclusively female, with the exception of sodomy, although most legal authorities hold that it wasn't the intent of the authors of such laws that men not also enjoy protection from the crimes they described - this assertion has yet to be tested in a court of appeal. It should also be noted that Pantocratoria has no formal age of consent for a charge of statutory rape - instead there is charge of Consensual Rape which covers (amongst other things), consensual sexual contact with a minor.
Rape of a Worthy of the Empire
The rape of a noblewoman, the wife or daughter of a knight of the Order of the Pantocrator, a judge or a judge's wife or daughter, a member of parliament or a wife or daughter of the same, or a military officer of rank OF4 or higher (but not the wife or daughter of the same). Typically punished by a term of twenty to forty years in prison.
Rape of a Nun
The rape of a woman belonging to a religious or lay order. Typically punished by a term of twenty to forty years in prison.
Sodomy
Defined as any sort of sexual penetration other than vaginal intercourse, various United Nations resolutions on the matter of homosexual rights have resulted in changes to the criminal code such that consensual acts which would have been previously held to be criminal acts of sodomy are no longer criminal. Previously both persons engaged in a consensual act could be prosecuted for the crime of sodomy, which sometimes led to one person claiming that the contact was non-consensual to avoid prosecution. The charge now only covers non-consensual anal or oral penetration, and is typically punished by a term of twenty to thirty years in prison.
Rape of a Citizen
The rape of a citizen or the wife or daughter of a citizen who is herself not a citizen. Typically punished by a term of ten to twenty years in prison.
Rape
The rape of a woman not holding Pantocratorian citizenship and not either married to or the daughter of such a person. Typically punished by a term of up to ten years in prison.
Consensual Rape
Any consensual sexual penetration with a girl whose age at the time of the aforementioned sexual contact was such that the Church would refuse to marry her to the perpetrator (including such relationships where the perpetrator is similarly underage), or with one's sister, half-sister, mother, daughter, grandmother, granddaughter, adopted daughter, step-mother, mother-in-law, or sister-in-law. Defence counsels defending persons charged with consensual rape on the grounds of the tender age of the victim often try to find priests to testify that they would marry the defendant to the victim - this defence has been successful in some cases where the victim looks older than she really is such that she could reasonably be mistaken for a consenting adult. Typically punishable by a term of up to ten years in prison or a fine and community service.
Lesser Sexual Assault
Any non-consensual sexual contact in which there was no penetration which has not been committed as part of a criminal transaction which included any criminal act of penetration. A man cannot be charged with lesser sexual assault against his wife, nor vice-versa. Typically punishable by a term of up to five years in prison or a fine and community service.
Assault
There are various types of physical assault, each with subcategories, listed here in order of severity.
Torture
Torture is legally defined as causing extreme physical and emotional distress in an act of prolonged, deliberate cruelty and/or in order to coerce or extract information from the victim. Torture charges may be laid alongside murder, kidnapping, rape, or other types of assault charges in cases where the victim was tortured prior to, during, or after the criminal act which justifies the other charge. In such cases, if the defendant is found guilty of torture as well as the other charge, the torture charge usually results in a period of five to ten years being added to the sentence for the other charge, as opposed to a discrete sentence of its own. In cases when the act of torture is distinct, typical sentencing follows an approximate formula based on the severity of the torture and the character of the victim, with a base sentence of ten years, modified by the following factors:
- Victim was a Prince or Princess of the Blood or Worthy of the Empire: Additional ten years.
- Victim was a clergyman or member of a religious or lay order: Additional two years.
- Victim was an Imperial Citizen: Additional two years.
- Victim was permanently physically injured: Additional five years.
- Victim was permanently disfigured: Additional five years.
- Victim was female, very young, very elderly, disabled or otherwise regarded by the court as feeble: Additional three years.
Assault with Intent to Injure
Assault with the intent to injure is legally defined as attacking a person for the express purpose of causing lasting physical injury, for instance, deliberately breaking a person's arm. This charge is frequently laid alongside attempted murder in cases where the victim suffered potentially fatal injuries but survived. Typically carries a sentence between five and sixteen years, although heavier sentences in extreme cases are not unknown.
Assault without Intent to Injure
Assault without intent to injure is a fairly self-explanatory charge, covering such physical attacks as throwing a punch at someone with whom one was having an argument. Typically carries a sentence of up to three years imprisonment or a fine and community service.
Kidnapping
Kidnapping is the unlawful deprivation of a person's liberty through the threat of violence. When combined with murder, rape, or assault, sentencing for the kidnapping itself is typically somewhere between three and five years in prison. When conducted as the primary criminal act, typical sentencing is between eight and twelve years for a kidnapping in which the victim's liberty was deprived for up to six months, or between twelve and sixteen years for a longer kidnapping. Torture adds to the length of a kidnapping sentence if it was employed, as is sometimes the case.
Treason
There are a suite of crimes which can broadly be categorised as treason in Pantocratoria. Additionally, there are many crimes which are not typically prosecuted which fall into this suite (particularly some of the lèse-majesté charges). The broad charges are listed here in order of severity. Self-defence is never a legitimate legal defence in any charge of treason.
Treasonous Sacrilege
The murder or attempted murder of the Emperor of Pantocratoria. Insanity is unavailable as a defence to this charge. The death penalty is available for this crime, which would otherwise be punishable by life imprisonment.
Treason against the Imperial Person
Physical assault of the Emperor of Pantocratoria, or; the murder, attempted murder, or physical assault against the Emperor's immediate family (wife, children, siblings), or; the rape of the Empress or any of the Emperor's daughters or daughters-in-law, or; the wife of the Emperor committing adultery, or; the wife of any male heir of the Emperor committing adultery. The death penalty is available for this crime, which would otherwise be punishable by forty years to life imprisonment.
Treason
A serious crime against the Crown (although not against the Emperor personally as in the previous two cases), which is nebulously defined by statute, but which has been construed through precedent to mean such crimes as encouraging rebellion against the Crown, espionage, advancing the cause of an enemy power in a time of war, denying the Crown the loyalty owed it (for instance, refusing to pay taxes in a time of war, or refusing to fight if conscripted), selling state secrets, and so on. The death penalty is available for this crime, which would otherwise be punishable by twenty five years to life imprisonment.
Murder of a Prince of the Blood
The murder of a descendent of a senior emperor who bears the title prince/sse du sang, or of any person entitled to be styled Your Imperial Highness, or Your Highness. This charge may be laid alongside the charge of Treason against the Imperial Person where appropriate. The death penalty is available for this crime, which would otherwise be punishable by twenty five years to life imprisonment.
Rape of a Princess of the Blood
The rape of a woman who bears the title princesse du sang, or of any woman entitled to be styled Your Imperial Highness, or Your Highness. This charge may be laid alongside the charge of Treason against the Imperial Person where appropriate. The death penalty is available for this crime, which would otherwise be punishable by twenty five years to life imprisonment.
Grand Conspiracy
The formation of a criminal organisation with the intent to commit treason or other crimes on such a large scale so as to cause serious disruption to the rule of law and an affront to the Emperor's justice. Grand conspiracy is typically punishable by five to thiry years imprisonment depending on the nature of the plot.
Treasonable Marriage
It is a crime for any heir to the Emperor named in a succession act passed by the Imperial Parliament or for any legitimate child of an Emperor (who are usually named in such acts anyway) to marry anybody without the permission of the Emperor. There are no typical punishments for this crime as it has never come up, but it is generally understood that were such a person to marry somebody without the Emperor's permission, they would be excluded from the succession.
Lèse-Majesté
Committing an affront to the dignity of the Emperor's Majesty. This covers offences such as wearing the colour purple on any visible article of clothing outside of a religious capacity or as part of a military or state uniform, an honour reserved for the Emperor, or the children of an Emperor born during his reign (such children being titled porphyrogenitus), or any person other than the Emperor or a Despot of New Constantinople wearing an olive wreathe, or the publication of material which is personally insulting to the Emperor (such as a caricature). Lèse-Majesté is punishable, in theory, by up to fifteen years imprisonment, or a fine and community service, but in reality, it is rarely prosecuted. It is however enforced - a police officer seeing a person wearing the colour purple in public will require them to remove the offending article, but that person is unlikely to have charges pressed against them.
Property
Pantocratoria's laws regarding theft, robbery and the like are fairly unremarkable. It is not permissible in Pantocratoria to employ lethal or potentially lethal physical force, or force with the intent to cause injury, in the defence of one's home or property. Prison sentences for theft are light, moderate for robbery, and heavy for armed robbery in particular.
Right to Arms
Pantocratorian citizens have no right to bear arms, dating back to the Suppression of Armed Rebellion Act of 1754 (in response to the Rebellion of the Fifth Pantocratorian Crusade). It is illegal for any (non-noble) person other than an active or retired law enforcement officer, or past or present member of the military, to possess a privately owned firearm, and even former law enforcement officers and military personnel are forbidden to have anything more than a single handgun, which must be registered. Noblemen are entitled to own any firearm which can be classified as a handgun or hunting weapon - this classification is known to be highly subjective as there are no hard guidelines for the Imperial Firearms Registration and Classification Bureau to judge what constitutes a hunting weapon (and with the right bribe, it is possible to get many sorts of weapons classified as a hunting weapon). Even nobles must still register their weapons. Illegal possession of a firearm carries a sentence of up to five years imprisonment or a fine and community service, and illegal discharge of a firearm carries a sentence of up to seven years imprisonment.
