Author Topic: [CLOSED]AZ: 1314/021 The people against Caelestis Decmon  (Read 1551 times)

(RIP) Ernst Weber

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[CLOSED]AZ: 1314/021 The people against Caelestis Decmon
« on: 14 January, 2015, 09:01:11 PM »
By the power given to me by Our King and with sole intention to protect the order and follow the laws of Kingdom of Saxony, High Court by own initiative start this prosecution against crimes committed by Caelestis Decmon, subject of Kingdom of Saxony.

I give the ground to Prosecution represented by Martin Wagner, Chancellor of the Kingdom, to present accusation against the Defendant. This must be done in 24 hours.

For Defendant  24 hours are given to find a lawyer who will represent him in this session. If he fail to do so Defendant will must defend by himself.
« Last Edit: 20 January, 2015, 12:33:36 AM by Ernst Weber »

(RIP) Martin Wagner

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Re: AZ: 1314/021 The people against Caelestis Decmon
« Reply #1 on: 15 January, 2015, 08:56:29 AM »
Your Honor,

To avoid problems previous judge has with court sesion performing because of incompetence and lack of knowladge abour court procedure I plad this court sesion to be proceded as example for strict following the rules.

I will also take freedom to answer some questions Defendants has about procedures, and ask you for pardon if you prefer to do so personaly.

As it is stated here: http://wiki.medieval-europe.eu/index.php?title=The_Trial there is a tree steps to open court procedure.

I. If so the Judge then opens that trial in the appropriate Kingdom Court of Law sub-forum.

It is done as we can see here.

II . He would then notify both the Defendant and the Prosecutor via PM of the trial along with a URL link to the pertinent trial post.

It is done. All accused receive a letter:

Quote
Subject: Call to court

Text: Dear Sir,

You are called to the court of Kiev to answer to accusation in violating of Saxony laws.

This is the link to the court session: (URL of court session)

This text is provided to us from our collegue from Kiev so there was a understandable copy-paste error with mentioning court of Kiev. But it is acceptable  because the main goal of letter is to inform accused about opened court session and providing hiwm with URL (something previous Judge fail to do according case archives)

III. Also the Judge of the Kingdom where the trial is taking place must use the in-game functions of the Court House building menu to create the Crime Procedure. In the form he needs to fill out:

    The name of the Defendant
    A summary of the crime(s) he is accused of
    The URL link to the Trial

Once submitted, the Judge can go back to the Court menu to view and administer the Crime Procedure.


All trials was opened in Court building in game. I dont know why defendants think that they must be visible for them, but if it so they must report to admin technical malfunction. Cases are opened in game in 10 minutes period after forum topics are created and administration can check and confirm it.

Now , your honor, I would like to plead for procedural issue. I see that you wish to combain two phases of court :

Quote
1: Starting the Trial:

The Judge starts the Trial. He must present the Defendant and the Prosecutor and ask them if they want to appoint an Attorney (Defense) or a Barrister (Prosecution).

The Defendant and the Prosecutor must declare if they want to appoint someone or not, and tell the Judge who they are appointing.
Also, if the Defendant and the Prosecutor can’t find lawyers and can’t speak the native language of the Judge or of the other Parts, they can ask to have a “Basic English” trial, so that it could be understood using common translating tools.
This whole step must be done within 24 hours from the Judge’s opening post.

and

Quote
2: Opening remarks by the Prosecution:

The Prosecution should open the trial with a presentation of the facts of the case, and a listing of what laws were broken by the Defendant. All evidence should be presented at this time and may take the form of a Screenshot (see sidebar).
The Prosecution can call up to two Witnesses, who will present their witness.
This whole step must be done within 24 hours from the Prosecutor post.

I ask you to not do so , as I say previously, because of my wish this court session to be an exemplar. I ask you for permision to have my 24 hours to present my accusation only after Defendant name his lawyer or state thet he will defend by himself.

I hope my plead will be accepted.


(RIP) Ernst Weber

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Re: AZ: 1314/021 The people against Caelestis Decmon
« Reply #2 on: 16 January, 2015, 05:54:53 PM »
As the procedure was freezed by highest authority I will give to all defenders 6 more hours to name their lawyer if the want. If they dont court will expect from them to defend themselves.

(RIP) Caelestis Decmon

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Re: AZ: 1314/021 The people against Caelestis Decmon
« Reply #3 on: 16 January, 2015, 10:43:33 PM »
I'm afraid I need to laugh so hard I wouldn't be able to speak up properly!
Therefore I also destine von Berlichingen to deal with your chivvy. I'll just sit back and enjoy the show!
 ;D

(RIP) Hans Von Falkenhain

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Re: AZ: 1314/021 The people against Caelestis Decmon
« Reply #4 on: 16 January, 2015, 11:50:28 PM »
The child ask:" Dear Mother, what means "hours"?

(RIP) Ernst Weber

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Re: AZ: 1314/021 The people against Caelestis Decmon
« Reply #5 on: 17 January, 2015, 12:24:13 AM »
Silence! Guards, please escort this child and his mother out. The court is not the place where the child voice must arise.

/OOC on

Dear Hans,

I see in this and in others cases in all over the world that you just cant control your turst for roleplay. I advice you to keep this devouring lust for role play away from the trial sections, at leas till you ask and receive a permission from the judge. Acording the game rules I fine you for 100 sp and ask you to pay them willingly so we will not bother administration with this.

/OOC off
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Defendant name for his lawyer citizen Götz v.Berlichingen. From this moment he has the right to speak in this session. If in any moment Defendant decide to stop using a lawyer and continue to defend himself he will need to contact me.

Prosecution have 24 hours from this moment to present accusations against the Defendant.

(RIP) Martin Wagner

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Re: AZ: 1314/021 The people against Caelestis Decmon
« Reply #6 on: 17 January, 2015, 10:18:29 PM »
Your Honor,

On 8 Nov 1314 AD Kingdom of Saxony, ruled by Marius Von Schliefen, declare a war to Grand Principality of Kiev. This is the date was the beginning of the most terrible period in history of Saxony. Ex-king Marius become an enemy of mighty and resourceful country populated with brave and pride people, and with this act make whole Saxony a target for their vengeance, especially after conquering of kievan province Pinsk with its population. All this acts of Marius`s government was not provoked in any way from peoples of Kiev. As Marius himself state in his letter to His Majesty king Radost , he start this war because he have some issues with Prussia. The connection between issues Saxony-Prussia and aggression against Kievan territory is unclear. But outcomes from this actions are very clear - religious riots, repressions for over 50% of saxonian population, creating of concentration camp in Pinsk, and in the end revolution.

All this create suffering and inconveniences for all people of Saxony - those who live here many years in peace and serenity and those  who become citizens of Saxony in result of Saxon aggression.

In this Prosecution see a violation of National Security Act, as all actions of Marius`s, and after that Herald`s government have as result disturbance of the peace and internal security of Saxony.

Defendant Caelestis Decmon was Guard Captain of Bremen in both governments and one of most effective tools of the tyrants for oppressing people of Saxonia. He was the man who hunt and arrest saxons who become the victim of Berlichingen`s unjust trials, where he take the role of Prosecution.

Also when peoples of Saxony, when their patience came to the end, rose up against the hated ruler, Caelestis Decmon was at the forefront of the defense of the tyrant. The prosecution believes that only the partners of the king in his nefarious deeds against the people dared to raise a hand against the ordinary people who want to restore justice, peace and serenity in the country.

All this allow Prosecution to believe that  Caelestis Decmon is guilty in violation of National Security Act as via establishing a genocide on saxon citizens he aroused popular discontent and disturb the peace and/or internal security. Prosecution ask maximum punishment to Defendant - 1000 sp fine and 3 days imprisonment.

(RIP) Ernst Weber

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Re: AZ: 1314/021 The people against Caelestis Decmon
« Reply #7 on: 18 January, 2015, 12:08:46 AM »
I give the ground for Defence. Citizen Götz v.Berlichingen can present his plead.

(RIP) Götz v.Berlichingen

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Re: AZ: 1314/021 The people against Caelestis Decmon
« Reply #8 on: 18 January, 2015, 09:12:21 AM »
Your Honor,
Mr. Wagner,
my fellow Saxons,

what we've been presented here, by the travailing prosecutor, is merely any evidence of Caelestis Decmon having actively violated any current Saxon law at all. In fact, his words testify Decmons constant struggle to improve the well-being of the people of Saxony!

Actions that result in possible re-actions which potentially result in somebody else committing a vague crime based on evidence heard through the grapevine and 'indirect evidence' still concealed from the auditory should not suffice to condemn a man for treason and justify the penalty applied for by the prosecution!

If it is the intention of the prosecution to codemn a man for being loyal and true towards King and Kingdom and serving at his best executing the office he's been burdened with than I challenge you you show me one good man on this world!
The simple fact alone that you do not coincide with his methods doesn't make them a crime.

As member of the government Caelestis Decmon surely had no intentions, whatsoever, of weakening or destabilizing the former, nor had he ever disturbed the inner peace of the realm. Whatever unresolved personal issues may stand between the accused and Mr. Wagner are not subject for the public to solve!

Since no sign or evidence for a crime has been presented I don't see any reason at all as to why charges against him should be held up or why Caelestis Decmon should be held captive any longer and I suggest releasing him immediately and request compensation for his losses.
« Last Edit: 18 January, 2015, 09:14:36 AM by Götz v.Berlichingen »

(RIP) Ernst Weber

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Re: AZ: 1314/021 The people against Caelestis Decmon
« Reply #9 on: 19 January, 2015, 12:23:26 AM »
Position of the Defence is clear. Prosecution have 24 hours to present his closing remarks.

(RIP) Götz v.Berlichingen

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Re: AZ: 1314/021 The people against Caelestis Decmon
« Reply #10 on: 19 January, 2015, 02:04:11 AM »
Dear Mr. 30-days-old-snooty-nosed-little-upstart Weber,
exactly the opposite is true!

We've been playing along for the sake of the game with your little charade of set-up trials until this point.
But this court has significantly violated proceedured all along these trials and I intended to present my charges to this court in my final speech. But since you insist on stretching the restrains way over every limit and keep prohibiting my person from orderly conducting my defence at every given chance I will request other institutions to put an end to this farce.

I accuse you of holding fake trials with no substance at all only to intimidate my clients and everybody involved.

I have carefully documented all your failures and those of the prosecution and will present them to the honorable masters of the Supreme Court to have you answer to them,  leaving it to their valued judgement to resolve these cases.

It's a pitty to watch you fail even on this level of the game but, to be blunt, noone was expecting any different from you to begin with.

(RIP) Martin Wagner

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Re: AZ: 1314/021 The people against Caelestis Decmon
« Reply #11 on: 19 January, 2015, 08:17:55 PM »
Your Honor,

The Defence only confirm our accusation. Loyalty to the king is honorable deed but loyalty to bloody tyrant is co-participation in the crime. He perform unjust verdicts of tyranical court without hidding his joy from it, like a pervert, like sadistic maniac. So Prosecution think such person must be isolated from the society as long as it is possible.

I have nothing to add.

(RIP) Götz v.Berlichingen

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Re: AZ: 1314/021 The people against Caelestis Decmon
« Reply #12 on: 19 January, 2015, 11:16:29 PM »
As I've mentioned in other places before,
Laws need to be

standardized, universal, comprehensible and consistent


Comprehensible and consistent,
however, are what the remarks of the prosecutor and his accusations, brought up against my client, lack!
Mr. Wagner speaks of
Quote
incompetence and lack of knowladge abour court procedure
but clearly he himself should take another reading of what his hand wrote before his mind was burdened to think about it. He speaks of these trials as an

example for strict following the rules

and later, in the very same speech not only admits that this court, and with it these trials, are by no means independent and in pursuit of justice for the people of Saxony, but that it is simply an extension of the greedy green tentacle, languishing in the East, to bring upon the defendant the wrath of Kiev!

This text is provided to us from our collegue from […] mentioning court of Kiev.

He has undoubtedly proven that his comprehension of
Quote
knowladge abour court procedure
needs a little disentanglement. Not only does he quote the rule that exposes his own negligence by not meeting his own deadlines,



he also appeals for an unprecedented expansion of virtually another 24 hours

I ask you for permision to have my 24 hours to present my accusation only after Defendant name his lawyer or state thet he will defend by himself.

I hope my plead will be accepted.

We have all enjoyed your little lecture on the
Quote
tree steps to open court procedure
for it has revealed yet another strain of noninitiation of

consistency

that these trials are subject to, as Mr. Wagner did present three necessary steps to open a trial. What he must have forgotten is to mention the 4th step in opening a trial!

IV.
Quote from: wiki
Also, in order to keep the defendant from leaving town during his trial, the "victim" (or the Judge, when opening the trial) can contact the Guard Captain, who may at any time choose to perform a Restrain act upon the defendant in order to keep that defendant within the country for a period of up to xxx hours.

Maybe the prosecution simply finds no importance in following rules during his 'exemplary court sessiom' or it was of no matter for his statement...
But I rather believe it was not mentioned to conceal from the public that this 4th step was
conducted some good 9 hours[/u] in advance of what prosecution called the I.st step!

Rules applied: yes...
Rules applied (as should have been expected): NO!!!

But how can one expect a nonpartisan trial if the judge himself participates in not obaying to any rule him and his kind proclaim to know so well?

Standardized and universal,
should a legal system be, in order to practice justice against everyone, offering equal oportunities for all who appeal for it's protection.
But we were also presented examples of how lip service to [qutoe]following the rules[/quote] is not only payed by the prosecution but also by an institution that claims for itself the

sole intention to protect the order and follow the laws of Kingdom of Saxony

while actually twisting and turning the law, bending it until it fits this system's only true purpose – to find a way of disciplining those you stood up, proud and determined, against the minions of Kiev, who would not be kept in thrall!

Ordery brought up references to this court to investigate clear violations of that same Saxon law this court pretents to represent were placated! As an example I present this Formal Request for Initiation of Criminal Prosecution and the carefull reader will instantly know the nature of this courts spirit!
(rem.: assigned claims mentioned in the above only rest until termination of present cases)

This same spirit revealed itself again when the defence objected to severe violations of proceedures during this case, when prosecution called for extention of the timeframe. Naturally enough that objection was overruled! It is clearly stated:

Quote from: wiki
Trial Duration
[…]  A trial schedule may be shortened or increased if all the involved parties agrees.
which was clearly not the case!

An exemplary collection of sophisticated explainations for the just decisions of this institution goes:

So I decide that facts […] do not merit the opening of a Trial.
[…] and I will not return to this discusion again

[…] you are not in position to[…]

]
[…] so I will refuse your request again.
Also I must decline your request […]
Also such procedure is not described in Codex of Trials […]
Also I just warn you that […] I will not comment you procedural request […]
[…] I will fine you.

Your history is well known, gentlemen, you are the scum that keeps creeping through our sewerage, never to know out of which pivy you will be spewn out next to infect the next kingdom from within!
And now you are charging us with the crimes you've committed, deeds you've always disavowed.
Helplessly you're reaching, insisting on the same filthy lies which you've tried to beguile the world with and which you've told so many times that noone blelieves them anymore but yourselves.

I call this rediculous and the final judging will be on you!

(RIP) Ernst Weber

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Re: [CLOSED]AZ: 1314/021 The people against Caelestis Decmon
« Reply #13 on: 20 January, 2015, 12:34:04 AM »
I am tired fo you, Götz v.Berlichingen. I several times ask you to address your procedural pleads to me in PM or to administration. Also I warned you to not speack in the court withour my permision and what will follow if you disobey.

You Last speach I will consider as your  closing remarks with which you deliver bad service to your client. You was apointed to prove precariousness of accusations not to dispute this court legitimacy. As you fail to do your job I am forced to accept Prosecutor`s plea.

Caelestis Decmon is recognized by this court as GUILTY for violation of National Security Act and sentenced to pay a fine of 1000 sp and 3 days imprisonment. Defendant have 12 hours to deposit fine to Court building, after thet he will be inprisoned.

By this I proclaim this trila closed.