Codex Iuris Tiberii - The Law Code of Byzaris

I.A) Civil Law governs the relations and affairs between the civilians of Byzaris.

I.B) Military Law applies to the Garrison of Byzaris.

I.B2) Active Pronoia forces answer to Military Law for any crime perpetrated during their active service. Civilians registered in the Pronoia rolls but not in active service answer to the Public Law for any crime perpetrated outside of active service.

I.C) Public Law governs the relations and affairs between civilians and the Government of Byzaris.

I.D) All trials are overseen by either the Magister Militum or the Tribunus Militum. Any trial not overseen by either of these officers, is null, void, and illegitimate.




II.) Byzaris is administered by two officers of the Themá (regional field army) - the Magister Militum and his subordinate, Tribunus Militum.

The Council

III.) An advisory council made up of notable residents serve to advise and help govern Byzaris.

III.A) There are several conditions for a citizen to serve as a councillor in the Advisory Council of Byzaris. A councillor must fulfil all conditions listed below.

III.A2) Women may not serve in the Advisory Council.

III.A3) Any citizen wishing to apply for a seat requires at least fifteen signatures from residents of Byzaris. Signatories must be residents of Byzaris.

III.A4) Any citizen wishing to apply for a seat must have a permanent residence in Byzaris.

III.A5) Any citizen wishing to apply must have lived in Byzaris for at least a period of five years.

III.A6) Any citizen wishing to apply must pass a background check. If any issues that may raise doubts about said citizen’s loyalty to the Calradic Empire and her Emperor are found, the citizen is automatically disqualified.

III.A7) The council is limited to eight seats, including the permanent members. If this cap is reached, applications are closed.

III.A8) Any citizen wishing to apply must not have a criminal record.

III.A9) If a citizen fulfils these conditions, their application is forwarded to the Council to be voted on. If the Council approves the application, the new councillor will take up their seat at the next council meeting.

III.B) Policy is decided in council meetings. The Magister Militum and the Tribunus Militum are counted as members and may attend.

III.B2) Council meetings are public and all citizens are welcome to attend. Non-councillors do not get to vote. Non-councillors may speak, although councillors get priority.

III.D) Each councillor gets one vote.

III.E) The Magister Militum and Tribunus Militum each have a veto and may veto any decision or policy decided on by the Council. They may, however, not come to any decisions regarding policy themselves.

III.F) The Council has five permanent members - namely the Praefectus Orae Maritimae, the Guildmaster, the Magister Militum, the Tribunus Militum, and the Captain.

III.F2) The Council may not vote on any policy without the presence of at least three permanent members.

III.F3) The Council may not vote on any policy without either the Magister or the Tribune.



State of Emergency

IV.) The Magister Militum and the Tribune may declare a state of emergency at their discretion.

IV.A) The Council is temporarily dissolved for the duration of the State of Emergency.

IV.B) The Magister Militum and the Military Tribune are given full, complete authority and are allowed to act as they wish during the State of Emergency.

V.) The Pronoia may only be raised during a State of Emergency and only by the Magister Militum or the Military Tribune.

V.A) All male able-bodied civilians are registered on the Pronoia rolls.

V.B) Any citizen found to be avoiding conscription will be charged with treason.



VI.) All citizens of Byzaris are equal before the law. Foreigners will be judged according to these laws if they have committed a crime in Byzaris. Foreigners with criminal records in Byzaris will be expelled from the City, not to return for a set amount of time determined by the Council on a case-by-case basis.

VII.) Crime is divided into three subsections: petty crime, moderate crime, and high crime.

VIII.) Crime is recorded. Any citizen who has committed a crime will have it recorded in their criminal record.

VIII.A) Citizens with criminal records including singular accounts of petty crime can apply to have their record wiped after a period of two weeks.

VIII.B) Citizens with criminal records including singular counts of moderate crime can apply to have their record wiped after one month.

VIII.C) Citizens with criminal records including any counts of high crime cannot apply to have their records wiped.

VIII.D) Repeat offenders, no matter the severity of the crimes at hand, cannot apply to have their records wiped.

VIII.E) Applications to have one’s criminal record wiped will be forwarded to the Council for evaluation.



Petty Crime

IX.) Pickpocketing is defined as minor thievery - the value of the item or the amount stolen must not exceed 50 coppers. The perpetrator must pay the full amount back to the victim and be subjected to an additional fine of 50 to 100 coppers that will go to the treasury.

IX.A) Repeat offenders may have their punishment raised to branding.

X.) Loss, Sale or Destruction of State Property will result in the perpetrator paying the state double the market price of the item in question. The lost item will also be returned if possible.

XI.) Falsifying Documents and Reports is defined as the act of lying, falsifying information or providing false accounts of reports in an official capacity - not including lying in court, which has its separate category. This charge must be proven beyond any reasonable doubt. If proven, a fine of 3 gold coins - 300 coppers - will be extracted from the perpetrator.

XII.) Disorderly Conduct is defined as any conduct that disturbs the peace, morals or safety of the public. Perpetrators will face a fine of up to 1 gold - 100 coppers. Repeat offenders may face public humiliation, such as a whipping of up to five lashes.

XIII.) Trespassing is defined as knowingly and unlawfully entering private property. Compensation of up to 2 gold coins - 200 coppers - must be paid to the victim. An additional fine of up to 1 gold coin - 100 coppers - must be paid to the state. Both the compensation and the fine scale with the amount of time spent in the property.

XIV.) Public Urination is defined as urinating in a place normally accessible, and in view of the general public. The perpetrator will face a fine of up to 5 silver coins - 50 coppers - and might be made to sweep the streets for a period of one week.

XV.) Vandalism is defined as knowingly and unlawfully damaging private or public property.

A compensation of double the cost of repairing the damage must be paid to the victim by the perpetrator, followed by an additional fine of up to 2 gold coins - 200 coppers - must be paid to the State.



Moderate Crime

XVI.) Assault is defined as a willful attempt to inflict harm on another person. The perpetrator must serve between two and five days of jail time and pay an additional fine of up to two gold - 200 coppers - to the State. Cases involving serious bodily injury or the presence of a deadly weapon classify as aggravated assault - see entry XXV. - and therefore do not classify as simple assault. Perpetrators cannot be charged with both.

XVII.) Domestic Abuse is violence or abuse that occurs in a domestic setting, such as marriage or cohabitation. The perpetrator faces up to two days of jail time. The perpetrator must pay compensation of up to 2 gold - 200 coppers - to the victim. In addition, the perpetrator must pay a fine of up to 1 gold - 100 coppers - to the state. The perpetrator must also pay a tithe of 5 silvers - 50 coppers - to the Church for violating the vows of marriage.

XVIII.) Perjury is defined as lying in court under oath. This charge must be proven beyond any reasonable doubt. The perpetrator must be fined 4 gold coins - 400 coppers - on the spot. Any other testimony or information provided by the perpetrator must be immediately discarded.

XIX.) Resisting Arrest is defined as a suspected criminal either fleeing, threatening, assaulting, or in any way, shape or form attempting to evade arrest by the local authorities. Perpetrators must be fined a sum of 3 gold coins - 300 coppers - and face jail time of one day.

XX.) Theft is defined as any form of thievery involving an amount of coin or an item valued between 50 and 200 coppers. The perpetrator must pay the full amount back to the victim and an additional fine of double the amount stolen must be paid to the state. The perpetrator may face jail time of between one and three days depending on the amount stolen.

XXI.) Indecent Exposure is the deliberate public exposure by a person of a portion of their body in a manner contrary to public morality. The perpetrator may face a fine of 2 gold coins - 200 coppers - and an additional day in jail.


High Crime

XXII.) Murder is the unlawful killing of another human without lawful justification or valid excuse. The perpetrator must face execution by hanging.

XXIII.) Arson is the act of deliberately and unlawfully setting fire to or charring property valued more than 500 coppers. The perpetrator must pay the victim compensation to cover the cost of damages. The perpetrator must pay an additional fine of 4 gold coins - 400 coppers - and serve a further jail time of 4 to 6 days

XXIV.) Rape is defined as sexual assault involving sexual intercourse or any other forms of sexual penetration carried out against a person without their consent. The perpetrator must face castration, one week of jail time, and permanent expulsion from the City of Byzaris.

XXV.) Aggravated Assault is a case of assault - see entry XVI. - involving a deadly weapon or serious bodily injury. The perpetrator must face 4 days of jail time and a fine of 4 gold coins - 400 coppers - paid to the state.

XXVI.) Banditry is any form of organised crime typically involving the threat or use of violence. Bandit leaders must be hanged, and rank-and-file bandits mutilated by the removal of one or both hands depending on the severity of their crime. Mutilation starts with the hand used to commit the crime - if not known, the dominant hand.

XXVII.) Robbery is any form of theft involving the threat or use of violence. The perpetrator must return any stolen belongings or coin, pay a further fine of 6 gold coins - 600 coppers - and face 3 days of jail time.

XXVIII.) Grand Theft is any form of thievery involving an amount of coin or an item valued more than 200 coppers. The perpetrator must pay the full amount back to the victim and an additional fine of double the amount stolen must be paid to the state. The perpetrator may face jail time of three to five days depending on the amount stolen.

XXIX.) Treason is defined as disloyalty to the local authority of Byzaris. Perpetrators must be executed by hanging. Any property they may possess is forfeit to the state.

XXX.) High Treason is defined as disloyalty to the Empire of the Calradians and her Emperor. Perpetrators must be executed by hanging. Any property they may possess is forfeit to the state.

XXXI.) Involuntary Manslaughter is the unintentional killing of a human being. For the perpetrator to be charged with this crime, they must bear at least a reasonable degree of responsibility for the death in question. The perpetrator must pay compensation of up to 5 gold coins - 500 coppers - to the victim’s family, 3 gold coins - 300 coppers - to the State and face up to 3 days of jail time.



Notes

XXXII.) If one is unable to pay a fine, any of their possessions roughly equal to the fine in value will be confiscated. If one does not have any possessions matching the fine in value, they will perform hard labour for the state instead.

XXXIII.) Attempted Crime - the punishment of a crime is halved if it was merely attempted.

XXXIV.) Punishments must be stacked if a person is charged with and found guilty of multiple counts.

XXXV.) Every citizen is entitled to a fair trial.

XXXVI.) Duelling - exemptions are made for the act of voluntary duelling. For a duel to be considered legal and legitimate, it must be overseen by an impartial officer provided by the state. Duels may be fought to the death - but this must be explicitly agreed to by every participant. These agreements must be witnessed by the aforementioned military officer.



XXXVII.) All soldiers, auxiliary troops, archers, skirmishers etcetera - anyone employed by the garrison of Byzaris in a military capacity - classify as military personnel and answer to these laws.

XXXVIII.) Complete obedience is expected of all military personnel, unless explicitly given authority to interpret orders independently by the Magister Militum or the Tribunus Militum.

XXXVIII.A) Disobeying an order will result in immediate summary punishment decided on by the officer at the scene. The perpetrator may face additional punishment such as demotion, a cut of wages, and whipping.

XXXIX.) All military personnel must renew their personal oath of loyalty to the Emperor every week. This is usually done en masse on Fridays, but personnel may swear their oaths independently.

XXXIX.A) Refusing to swear the Legionary Oath will result in immediate termination from the Garrison of Byzaris.

XXXIX.B) The swearing of the oath is overseen by the Tribune - and in his absence, the Centurion.

XXXX.) All military personnel are required to keep their weapons and armour clean at all times.

XXXXI.) Brawling, fighting or scuffling with one’s comrades is strictly forbidden. Perpetrators may face demotion, cuts in their wage, and even whipping.

XXXXII.) Proper hygiene must be kept at all times.

XXXXIII.) Desertion is defined as illegally and unlawfully leaving the garrison. Deserters, if caught, must be hanged.

XXXXIV.) Looting is strictly forbidden. Looters will be branded and may face further punishment.



Leges Flavii Coniates



Civil Law

I.) The Leges Flavii Coniates lay the foundation for the ius civilis, the civil law, therefore governs the legal relations between civilians.

II.) The legal capacity of a human being begins on the competition of birth.

III.) Majority begins at the age of eighteen

IV.) Primary principles of this code of civil law are the following

IV.A) Principle of private autonomy

IV.B) Principle of liability

IV.C) Principle of freedom of contract

Minors

V.) Limited capacity of minors to contract: A minor who has reached the age of seven has limited capacity to contract in terms of contracts of minor significance

V.A) Consent of legal representative: For a declaration of intent as a result of which minors do not receive merely a legal benefit, the minors require consent by their legal representative.



Obligation

VI.) In order to create an obligation by legal transaction and to alter the contents of an obligation, a contract between the parties is required, unless otherwise provided by statute.

VI.A) An obligation with duties also comes into existence by

VI.A1) the commencement of contract negotiations

VI.A2) the initiation of a contract where one party, with regard to a potential contractual relationship, gives the other party the possibility of affecting its rights, legal interests and other interests, or entrusts these to the other party, or

VI.A3) similar business contacts.

VI.B) An obligation with duties may also come into existence in relation to persons who are not themselves intended to be contractual parties. Such an obligation comes into existence in particular if the third party, by laying claim to being given a particularly high degree of trust, substantially influences the pre-contract negotiations or the conclusion of the contract.



Agency

VII.) Effect of a declaration made by the agent

VII.A) A declaration of intent that a person makes within the scope of their own power of agency in the name of a principal takes effect directly for and against the principal. It is irrelevant whether the declaration is made explicitly in the name of the principal, or whether it may be gathered from the circumstances that it is intended to be made in the principal’s name.

VII.B) If the intent to act on behalf of another is not evident, then no regard will be had to the lack of intent on the part of the agent to act on their own behalf.

VII.C1) If a person enters into a contract in the name of another without having power of agency, then the effectiveness of the contract to the benefit or detriment of the principal requires the ratification of the principal.

VII.C2) A person who has concluded a contract as an agent is, unless they furnish proof of having been granted power of agency, obliged to the other party at the other party’s choice either to perform the contract or to pay damages to the latter, if the principal refuses to ratify the contract.



Interpretation and Rescission

VIII.) Intentions of will must be interpreted by ascertaining the true intention rather than adhering to the literal meaning of the declaration

VIII.A) Contracts are to be interpreted as required by good faith, taking customary practice into consideration.

VIII.C) Falsa demonstratio non nocet: If the subjective will is the same even though the objective declaration defers, the subjective will matters

IX.) All declarations of will can be rescinded

IX.A) If a declaration of intent is rescinded under section IX, then the declarant is to pay damages, if the declaration was to be made to another person, to that person, or failing this to any third party, for the damage that the other person or the third party suffers as a result of having relied on the validity of the declaration; but not in excess of the total amount of the interest that the other person or the third party has in the validity of the declaration.

IX.B) A duty to pay damages does not arise if the injured person knew the reason for the voidness or the voidability or did not know it as a result of negligence (ought to have known).



Liability

X.) A private person who is responsible for the infringement of another private person’s legally protected rights can be made liable if the infringement has been committed through negligence or intent.

X.A) The perpetrator in offense of section X has to compensate the plaintiff.

X.B) The range of the compensation is to be determined by the court under the consideration of status, weight of infringement and the significance of the violated legally protected right.