Author Topic: AZ 1/1316 The People of Saxony against Halvor Avthorinar  (Read 1292 times)

(RIP) Heinrich Doneldey

  • General group
  • Baby Member
  • *
  • Posts: 10
  • Honour: 0
AZ 1/1316 The People of Saxony against Halvor Avthorinar
« on: 17 February, 2016, 10:38:38 AM »
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 on report of Victor Schwarz, Captain of the Guard, starts this prosecution against crimes committed by Halvor Avthorinar, subject of Kingdom of Saxony.

I give the ground to Prosecution represented by Victor Schwarz, Captain of the Guard, to present accusation against the Defendant. The Prosecutor may appoint a Barrister. This must be done in 24 hours.

For the  Defendant  24 hours are given to find a lawyer who will represent him in this session. If he fails to do so Defendant will must defend by himself. If the Defendant can’t find a lawyer and can’t speak the native language of the Judge or of the other Parts, he can ask to have a “Basic English” trial, so that it could be understood using common translating tools.

(RIP) Victor Schwarz

  • General group
  • Baby Member
  • *
  • Posts: 7
  • Honour: 0
Re: AZ 1/1316 The People of Saxony against Halvor Avthorinar
« Reply #1 on: 17 February, 2016, 12:31:23 PM »
You Honor,

According Banishment Law issued on 13-Feb-1316, Halvor Avthorinar was ordered to leave the country before 16.02.1316.
Quote
Banishment List


Here is the list of people who are banished from the territory of Kingdom of Saxony till this law is removed. They must immediate collect all their possessions(including goods on market) and leave the country. From 16 of February 1316 AD every person from the list caught on Saxon territory will be brought to court for Severe Crime. If after first punishment the same person again violate the banishment order he will be brought to court for committing of Capital Offence. All their goods of Saxon markets will be confiscated after 16 of February 1316 AD.

Banishment List:

Dietrich Von Hesse
Halvor Avthorinar
Vinicius Hunfrid
Edward Blackhall
Pappsack Leiningen
Hans Von Falkenhain
Hevaldus Strazdas
Desmond De Fayris
Promi Co
Snezka Bathory
Faye Harlaown
Michal Jiskra Ze Sušice

Proclaimed on: 13-Feb-1316, 00:50:43
Radost Konstantinovic, King - Kingdom of Saxony

It is obvious that he violate that law as on 17.02.1316 he was arrested on Saxon territory:



You can see his name in list of people present in Bremen.

As it is his first violation, I ask for him punishment appropriate for committing a Severe Crime - 2 days in prison and 400 silver coins fine.

(RIP) Heinrich Doneldey

  • General group
  • Baby Member
  • *
  • Posts: 10
  • Honour: 0
Re: AZ 1/1316 The People of Saxony against Halvor Avthorinar
« Reply #2 on: 17 February, 2016, 07:19:19 PM »
Thank you Mr. Prosecutor.
The Defendant still has time until 10:40 am on February 18th to name a lawyer.
After that the defense will have time until 10:40 on February 19th to present their side of the case.

(RIP) Simon Van Veen

  • General group
  • Jr. Member
  • *
  • Posts: 57
  • Honour: 0
Re: AZ 1/1316 The People of Saxony against Halvor Avthorinar
« Reply #3 on: 18 February, 2016, 07:29:14 AM »
While sitting and observing from the spectator section of the courtroom, the apparent eagerness of the new Guard Captain to fulfill the duties of his role is noted. An eagerness that I can remember feeling with my own role appointments.
While in observation of my first trial, my hand aches as I quickly make notes for future reference, should my own duties bring me to a courtroom enforcing Flanders' laws.

Awareness of the new king's decree, dutiful. Discovery of the presence of one decreed banished, observant.

Notes the points of observation that were missed, and wonders if it they will be acknowledged or taken into consideration.
1. Last noted time of awareness - Feb 15, 1316, before the deadline of the decreed banishment. If his last noted time of awareness was after the decree deadline, then there would be no question to the arrest.
2. The powers that be had made the defendant unable to speak (Feb 12, 1316), and perhaps unable to even be aware of these proceedings.
3. A quick inspection of the defendant reveals that these proceedings are likely to be a moot exercise in schematics.

Already aware of how the proceedings will progress, and their likely end, I quietly exit the courtroom. Finding the grave that is already prepared, with Halvor's name already inscribed, I pay my respects to the soon to be dead by laying some acorn blossoms on the headstone.


(RIP) Heinrich Doneldey

  • General group
  • Baby Member
  • *
  • Posts: 10
  • Honour: 0
Re: AZ 1/1316 The People of Saxony against Halvor Avthorinar
« Reply #4 on: 18 February, 2016, 10:59:55 AM »
The court is aware that the defendant has not been online for some time, but as the Banishment Act has been issued on February 13th and the last date of being bonline was February 15th, the defendant had the opportunity to realise this act. Ignorantia legis non excusat.
The rzules of the trial are made clear in the wiki (http://wiki.medieval-europe.eu/index.php?title=The_Trial):
If the Prosecution or the Defense does not post within the expected time for a given step, the Judge MUST proceed to the next step in the process as soon as he can.
If the Judge does not post within 12 hours more then the expected time, the Punishment must take into account the longer restrain (the Defendant should not leave the Kingdom until the trial is closed) and will be reduced.
If the Judge does not post for more than 48 hours, then the Trial must be considered not valid.
If there is a suspicion that longer time has been voluntarily used, the trial could be considered unvalid by Supreme Court.
The only reason to dely the proceedings would be if the defendant was in Meditation (=holiday mode) which he is not.
So the proceedings are conducted just as required.
Besides: Only the Magistrate, Prosecutor, Defendant, appointed Prosecution Barrister, or appointed Defense Attorney and called Witnesses may speak during a trial. Whoever speaks without permission can be fined 100 silver coins at the Judge's discretion, and they could be even punished for breaking forum rules. The fine will be collected by Guglielmo di Valenza, by force if needed.
As the problem of an absent defendant seems a problem to the court too, and the court believes a rule regarding to this should be created, There will be no fine for Simon van Veen this time.

(RIP) Heinrich Doneldey

  • General group
  • Baby Member
  • *
  • Posts: 10
  • Honour: 0
Re: AZ 1/1316 The People of Saxony against Halvor Avthorinar
« Reply #5 on: 18 February, 2016, 11:42:37 AM »
As the defendant did not name a lawyer he will defend himself. As before said the defendant must state his case until 10:40 am on February 19th.
If he does not, the court sees no need for any reflections and the prosecution may continue with its closing remarks.

(RIP) Victor Schwarz

  • General group
  • Baby Member
  • *
  • Posts: 7
  • Honour: 0
Re: AZ 1/1316 The People of Saxony against Halvor Avthorinar
« Reply #6 on: 18 February, 2016, 12:43:56 PM »
Your Honor,

I ask to excuse me for taking freedom to speak without your permission, but I want to state, what in case Defense try to plead ignorance we have evidence  - letters and witnesses - proving that Defendant were aware about the law and declare his refusal to obey.

Still If Defendant agree to leave immediately the country His Majesty will grant him pardon for this violation.

Sir Simon, I must note that in current case you violate trial procedure and you can be fined for that. In court only Judge, Prosecutor , Defense  and called witnesses can take a part. As You are not appointed as Defendant attorney you have no right to interfere and you are avoided punishment only because of His Honor Judge goodness.

(RIP) Heinrich Doneldey

  • General group
  • Baby Member
  • *
  • Posts: 10
  • Honour: 0
Re: AZ 1/1316 The People of Saxony against Halvor Avthorinar
« Reply #7 on: 18 February, 2016, 10:45:03 PM »
Obviously Halvor Avthorinar has perished and thus the trial is terminated.