List of national legal systems in Esquarium
National legal systems in Esquarium are commonly divided into three categories: common law, civil law, and religious law. Most countries have a legal system based on one or more of these categories.
Overview
Civil law
Common law
Religious Law
Bijuridical/mixed (civil and common law)
Nation | Legal system | Details |
---|---|---|
Ainin | Bijuridical/mixed | The Aininian legal system takes elements from both civil and common law, notably using an inquisitional system and bench trials, typical of civil law jurisdictions, but also employs many common law principles, such as precedent, implied repeals and statutory interpretation. |
Katranjiev | Common law | Katranjiev follows common law, albeit some statutes from the People's Republic remain in effect. |
Lecia | Common law | The Lecian legal system is a common law system built on the Odissian legal system. |
Montecara | Civil law | Montecara is a civil law jurisdiction that bases its jurisprudence on Latin law. |
Ravetia | Civil law | Ravetia has based its legal system on the principals of civil law. |
Tuthina | Religious law | The Most Serene Empire has a legal system based on its official religion, the Imperial Cult. |
Xiaodong | Civil law | Xiaodong has a system of civil law although there is some overlap between the judicial and legislative branch mostly regarding constitutional law. All Xiao law derives from statutes and legislation. |
Capital punishment
Capital punishment has occurred over much of Esquarium in the past. However, in the past century, many countries in the region have abolished the practice. The following summarises the countries and conditions in which capital punishment is legal in Esquarium.
Abolitionist: Capital punishment has been formally abolished by statute or constitution.
Abolitionist in peacetime: Capital punishment has been formally abolished except for crimes committed under exceptional circumstances (such as wartime).
Abolitionist in practice: Capital punishment is legal but the country has not executed anyone during the last 10 years and is believed to have a policy or established practice of not carrying out executions.
Retentionist: Capital punishment is legal and is used for ordinary offences.
Country | Year implemented | Year of last execution | Year abolished | Notes | |
---|---|---|---|---|---|
Ainin | Antiquity | 1955 (civilian) 1971 (military) |
In effect | The death penalty is permitted by the Constitution of Ainin and remains prescribed by the Penal Code of Ainin for various delicts, namely treason, espionage, murder, rape and piracy, and by military law for desertion, cowardice and mutiny. However, the House of Deputies of Ainin voted in 1955 to pass the Verley Resolution, a non-binding declaration barring the Ministry of Justice from pursuing capital cases in peacetime. All governments since have abided by the resolution, and no civilians have been executed since. Brigadier Jean Houlx of the Aininian Army was executed in 1971 for espionage by a military tribunal during the Concordian War. | |
Template:Country data Jathana | Antiquity | 2016 | In effect | The death penalty had been used in Jathana since ancient times. Today it is used to punish severe offenses such as rape, murder, sex trafficking, treason and paedophilia. The death penalty is determined by the court in which the offender was tried, however the Supreme Maharakha may also issue the death penalty if he or she sees fit. Executions are typically carried out by beheading the accused with a talwar, however methods such as firing squad or disembowelment may also be used. All executions are carried out publicly. | |
Katranjiev | Antiquity | 1973 | 1977 | The death penalty was traditionally conducted by hanging until 1958 when the firing squad was adopted, which was only used for military executions until that year. From 1940 onwards, some dissidents were beheaded with the Honour Sabre of the Red Jade Embroidery that was given to Apostol XIV in 1924. In 1974, Baikun Qing commuted all the sentences of prisoners sentenced to death to life in prison, and in 1977, the death penalty was removed. | |
Lecia | 1946 | 2015 | In effect | The death penalty was instated in the March 4th Constitution of the Republic of Lecistan. Since the first execution in 1947, hanging has been considered the execution of choice. Lecistan on average executes twenty-six criminals per year. | |
Montecara | Antiquity | 1190 | 1990 (symbolically) | See also Capital punishment in Montecara. After 1190, the most severe punishments were "civil death" through banishment for citizens and imprisonment with forced labor at sea for non-citizens. The death penalty was symbolically abolished in the Charter of Basic Rights of 1990. | |
Nunalik | Antiquity | 2018 | In effect | The death penalty is used widely in Nunalik, with many offences such as rape, murder, corruption, treason and the ambiguously defined "counter-revolutionary activities" which has been used to suppress political opposition against the Taanga Siumut regime. Most executions in Nunalik are carried out via firing squad or hanging, with political crimes making up the bulk of convictions. Controversially, Nunalik also retains the death penalty for the crime of witchcraft. This is deemed to be a serious crime, and the punishment involves a ceremonial method in which the accused witch is taken out to sea in a kayak and thrown into the ocean. The roots of this punishment come from during the period of advanced revolutionary activity under Puupi Kakatsak, when witches were blamed for bad harvests and mechanical failures in addition to foreign agents. This led to a witch hunt, with the law remaining on the cards amidst fears that such an occurence could happen again. | |
Razaria | 1957 | Unknown, presumed 2017 | In effect | Besides ubiquitous and extensive summary executions carried out in response to 'even slightest of suspected subversive activity', various local and national judicial organizations sentence to death upwards of 40 persons on average per year, usually for crimes such as murder, rape, treason, sedition, subversive activity, collaboration or involvement with subversive and rebellious groups, and corruption. The death penalty is present in Razarian legal codes. Executions are usually carried out by clubbing or shooting. | |
Tuthina | Antiquity | 1993 | Abolitionist in practice | Since laws of the Most Serene Empire do not mandate kinds of punishment for individual crimes, theoretically every crime convicted in the Empire can be charged with capital punishment by the court of law. However, all known precedents for authorised death penalty in the Home Islands cover only a handful of accusations, chief among which being treason of both high and petit variants, arson, serial killing and rape in extreme cases. However, all capital punishments are required to be authorised by the reigning Emperor of the Most Serene Empire before proceeding, who has the authority to amend or reject the punishment. Since 1993, no known case of authorisation of death penalty is given by either Emperor Kwanghwa and Sumun, and the punishment is either amended to other forms, or the whole case is delivered back to the judicial branch. However, there are common accusations of various bodies of the Empire conducting secretive execution of individuals such as political dissidents and followers of other faiths. Summary execution is also allowed within the military laws of the Armed Forces of His Most Serene Majesty, but no known cases of it conducted outside military court or active war have been documented. | |
Xiaodong | Antiquity | 2016 | In effect | The death penalty is still used for the crimes of murder, treason, armed robbery, drug trafficking, rape, child molestation, terrorism, espionage and unlawful assembly. Death row inmates are executed in gas chambers that use a lethal hydrogen cyanide gas. |
Imprisonment
Jurisdiction (link to details) | Life imprisonment | Minimum to serve before eligibility for requesting parole | Maximum length of sentence (under life) | Indefinite sentence (excl. preventive or psychiatric detainment) | Mandatory sentence | Possible other sentence | Young offenders | Pardon, amnesty, other release |
---|---|---|---|---|---|---|---|---|
Montecara | No | 75% of sentence | None | Yes | N/A | N/A | under 10: incapable of committing an offence; can be sent to a different school or referred for psychological treatment in serious cases. 10-17: max. 15 years' imprisonment; can be transferred to permanent psychological treatment facility at end of sentence if deemed a threat. 18-21: max. 30 years' imprisonment; can be transferred to permanent psychological treatment facility at end of sentence if deemed a threat. |
Pardon or compassionate release by the Colegio on nomination by the Secretary of Defense and Security |
Xiaodong | Yes | 15 years, 30 years, or never; set individually by judge | None | Yes | Murder, rape, child molestation, terrorism, espionage, attempted assassination of political figures, attempted coup, human trafficking, genocide | War crimes, mutiny, unlawful assembly, drug trafficking, attempted murder, attempted rape, aircraft hijacking, manslaughter, sabotage | under 16: Either transferred to a correctional facility or a psychiatric institution. If placed in a correctional faciity, can serve up to a maximum of 16 years; after which they can be transferred to a prison and their sentence extended indefinitely if deemed a threat to public safety. | Pardon or Compassionate Release by the Ministry of Justice with approval from the Supreme Judicial Yuan. |