Legal system of Barrayar
The law of the Empire of Barrayar comprises two levels of codified and non-codified forms of law, of which the most important is the legal tradition of Barrayar. Barrayaran laws are interpreted according to the teleological principle. This opens the way for the teleological or purposive interpretation, which gives a value for the dominant purpose of the rule, enabling you to actualize the meaning of the rule itself (for example, in the light of technological and scientific progress). The continued and uninterrupted tradition sets out the boundaries of federal law, which consists of Imperial decrees, acts of the Joint Council, treaties ratified by the Council of Counts, regulations promulgated by the Government or by the Council of Ministers and case law originating from the federal judiciary.
The Imperial law is the supreme law of the land, thus pre-empting conflicting subordinate laws in the Empire.
The central authorities - i.e. Emperor, Ministers and Counts - exercise a direct rule for what regards both Imperial and Barrayaran Laws, although these legal system have two different court systems. The coincidence of authority of Imperial and Barrayaran Laws means that there is virtually no distinction of political and legal address and that, de facto, the same system is in power for the whole Empire and Barrayar, with legislator deciding case by case if the act has to affect the whole Imperium or the single planet, while the Komarran and the Sergyaran vice-royalties enjoy of limited autonomy.
Emperor of Barrayar
The Emperor of Barrayar is the supreme legislative, executive and judicial authority. Limitations and constraints are dictated by conventions, customs and traditions, being the autocratic power of the whole Empire.
In order to pass laws, constitutional conventions require that the Emperor of Barrayar must pass through the Joint Council (or the Council of Counts) or a delegate authority. The Emperor can enact his own Decrees and Ordinances, which have force of law, grants ultimate instance of justice and provides executions to the laws.
However, Emperor's Powers, as well as those of the Councils, are differently exercised according to the jurisdictions.
Under the traditional and legal procedures, the Emperor exercises his right to submit draft legislation, as well as the right to sign bills into law or to veto it. The Emperor has the right to suspend laws and regulations issued by local government bodies and Viceroyalties if such laws and regulations contravene the unitary principle of the Empire, Imperial Law or international obligations of the Barrayaran Empire or contravene the fundamental political principles. The Emperor grants pardons and reprieves.
Emperor's Decrees
The Emperor's Decree or Executive Decree of the Emperor is a legal act with status of by-law of the Emperor. According to the customs and conventions the Emperor may issue decrees which are acts of legal binding and have the force of law. The decrees have supreme legal force after the laws. As normative legal act, such Decrees have a status of by-law in hierarchy of legal acts (along with Decree of the Government, instructions and directions of other officials). Emperor's Decree may not alter the regulations of existing legal sources - constitutional bodies, laws - and may be superseded by any law: however, they are frequently used in order to fill gaps whithin legislation.
Acts of the Emperor of normative character enter into force simultaneously on the entire territory of the Empire of Barrayar - unless otherwise specified - upon the expiry of seven days after the date of first publication. Other acts of the Emperor, including acts containing information constituting a state secret, or confidential information take effect from the date of signing.
Appointments are an indirect but often very effective way for the Emperor influence policies. The Emperor issue decrees to appoint cabinet ministers, heads of the various central government agencies, top civil servants, military and security apparatus, top management of some state-owned industries, judges, diplomats and the country's representatives to international organizations, and make a number of appointments at the regional level.
Signet Orders
Signet Orders are letters or orders signed by the Emperor of Barrayar, and closed with the Imperial Signet. They contained orders directly from the Emperor, often to enforce extraordinary actions and judgements that cannot be appealed.
The most-utilized Signet Orders, however, are penal or security-related, by which a subject is sentenced without trial to imprisonment in a prison or a jail, confinement, transportation to the penal colonies, or expulsion to another part of the realm, or from the realm altogether.
In the case of organized bodies, Signet Orders are issued for the purpose of preventing assembly or accomplishing some other definite act. Signet Order serve the Government as a silent weapon against political adversaries or as a means of punishing culprits without the scandal of a lawsuit. They are also employed by the police or by the intelligence apparatus in dealing with security threats. They are also often used by heads of families as a means of correction, for example, for protecting the family honour from the disorderly or criminal conduct of sons.
In order to be valid, the Emperor has to personally sign the Signet Order; this is meant to avoid improper uses of the Signet Order without the explicit assent of the Emperor. Therefore, Signet Orders have to be written and to bear the imprint of the Emperor's privy seal.
Measures reflecting the status of magistrates
The magistrates (judges and prosecutors) of all kinds and grades are appointed, promoted and dismissed by the Emperor, at the proposal of Minister of Justice. Any other measure reflecting the state of the judiciary is equally enacted by royal decree, upon the proposal of the Minister of Justice.
Any decision regarding the establishment of sections and the distribution of judges between the different offices of the same venue, as well as measures relating to applications, the substitutes and replacements of judges, are issued by decree of the Emperor, on the proposal of Minister of Justice.
Minister of Justice
The Minister of Justice is the most senior official of the Imperial, Barrayaran, Komarran and Sergyaran judiciaries, as well as the supervisor of Traditional Districts' judiciaries. The Minister of Justice is a member of the Council of Ministers. The office the Minister of Justice heads is known as the Ministry of Justice.
The Ministry of Justice has many responsibilities, such as the administration of the courts. Furthermore, the Minister of Justice has a role in suggesting to the Emperor the appointment of many judges in the Imperial Courts, as well as in the subordinate jurisdictions outside the Northern Continent. Senior judges are officially appointed by the Emperor on the formal suggestion of the Prime Minister. Similarly the Minister of Justice determines which barristers are to be raised to the rank of Emperor's Counsel.
At the beginning of the legal year, the Minister of Justice officiates at a ceremony in front of all the judges. The ceremony is followed by a reception known as the Minister's Breakfast. The Minister of Justice performs different judicial roles. He sits as a Counsel in the judicial functions of the Council of Counts. He supervives all Courts. In modern times, these judicial functions are exercised very sparingly. Most Ministers of Justice give judgments only in cases reaching the Council of Counts.
Supreme Court of the Empire
The Supreme Court of the Empire is the ultimate judicial body (other than the Emperor's power to intervene) of the Empire of Barrayar. The Supreme Court has two main functions: to function as judicial remedy of last istance for matters of Imperial Law and for appeals from Northern District, Barrayar, Komarr and Sergyar Law; and to deal with suits against Northern Districts.
The Court is competent in suits against Northern Districts and their Counts, either in first and second instance; appeals on denials of justice; it could also confirm treaties, testaments, guardianships among Counts. The court also has exclusive jurisdiction over judicial matters involving its own members. One could ask the Court to review its own rulings. Ultimately, it was always possible to appeal to the Emperor.
Imperial Law
Imperial law originates with the actual existence of the Imperial power and the continuous tradition, which gives the Joint Council (or the Council of Counts) the power to enact statutes for general purposes. Many statutes give the Government the power to create regulations. Regulations generally also carry the force of law.
Imperial law traditionally focuses on areas where there was an immemorial grant of power to the Emperor, like the military, money, foreign affairs, tariffs, intellectual property and mail, but also aviation, telecommunications, monorails, pharmaceuticals, antitrust, and trademarks.
In some areas, like family law, a relatively small number of all-Imperial statutes (generally covering interplanetary and international situations) interacts with a much larger body of subordinate law. In areas like antitrust, trademark, and employment law, there are powerful laws at both the Imperial and Planetary levels that coexist with each other, while in areas such as State security, terrorism and particularly serious organized crime the Imperial corpus iuris is absolutely dominant.
The institutions — i.e. police, government prosecutors' offices, courts, and correctional organs—maintain close and cooperative relations with each other, consulting frequently on how best to accomplish the shared goals of fighting crime and officials who administer criminal justice are allowed considerable discretion in dealing with offenders.
Non-judicial detention
Non-judicial detention is the incarceration of an arrested person without a trial, usually for security reasons. Unlike criminal incarceration, which is imposed upon conviction following a trial, non-judicial detention is often a forward-looking and preventive mechanism. While criminal proceedings have a retrospective focus, the reasoning behind non-judicial/administrative detention often is based upon contentions that the suspect is likely to pose a threat in the future. It is meant to be preventive in nature rather than punitive. The non-judicial detention is to not be confused with the precautionary custody or with the police stop (which can reach extended lengths and is used against subjects that are viewed as "socially undesirable", in order to maintain public order and social stability).
The Imperial Law is the only system which may uses the non-judicial detention. Administrative detention is also used in cases where the available evidence consists of information obtained by the security services, and where a trial would reveal sensitive security information, such as the identities of informers or infiltrators. Barrayaran authorities often extend the detention of prisoners who have already served their prison sentences, by placing them under administrative detention. This practice is used even with elderly prisoners, although in very rare cases.
In particular, administrative detention is used by the Ministry of Protection of Imperial Loyalty and by Imperial Security in order to suppress dissent and sanction opponents of the government and as a counter-terrorism measure. Criminal law's reliance on defendant rights and rules of evidence cannot be used effectively to remove the threat of dangerous terrorists or opponents. The War and Interior Ministers have the authority to request to the Justice Minister the proposal to the Emperor to issue Administrative Detention orders for up to 12 months in cases where there is a reasonable chance that the person harms the security of the state. The same Ministers have the authority to renew such requests; however in such cases the Emperor usually issues a Signet Order.
Barrayar utilizes administrative detention also to hold illegal immigrants as an interim step to either deportation or the regularization of proper legal status.
Finally, any member of the Imperial Service may be imprisoned if found to be repeatedly in violation of the Military Disciplinary Regulations by his superiors.
Criminal Procedure
The Code of Imperial Criminal Procedure is in force for all criminal matters within the Imperial jurisdiction. According to the law, the trial itself is secret and written. A suspect could not be detained for more than four days without a warrant. Thereafter, permission for detention had to be obtained from the Prosecutor or from the courts. There is no maximum period of pretrial detention.
The death penalty, carried out by shooting or beheading, is applied only in cases of treason, espionage, terrorism, sabotage, certain types of murder, certain types of duels, and large-scale theft of state property by officials. Otherwise, the maximum punishment for a first offender is life imprisonment. Parole is permitted in some cases after completion of half of the sentence.
The typical criminal proceeding is divided into three phases: the investigate phase, the examining phase, and the trial.
In the investigative phase, the Prosecutor collects evidence and decides whether to press charges. Prosecutors carry out investigations themselves or request police forces to do so. The prosecution can give general instructions to the Police regarding how particular cases are to be handled and can set areas of priority for investigations. The police may interrogate a suspect for up to 23 days and the suspect is not permitted to have a lawyer present for interrogation. Defence lawyers are not given access to police records.
The examining phase is conducted in writing. The Examining Judge completes and reviews the written record and decides whether the case should proceed to trial. The Examining Judge plays an active role in the collection of evidence and interrogation of witnesses and suspects. Within the Imperial and the Barrayaran systems, prosecutors are not obliged to bring charges, while in both Komarran and Sergyaran systems the “legality principle” dictates that prosecution must take place in all cases in which sufficient evidence exists.
In some cases, an Examining Judge may carry out or oversee also the investigative phase. Examining Judges are active in a minority of cases, while Prosecutors (not part of the judiciary) supervise the bulk of investigations carried out by law enforcement agencies. Examining Judges are used for serious crimes, e.g., political crimes or murder and rape, and for crimes involving complexity, such as embezzlement, misuse of public funds, and corruption.
The Examining Judge conducts investigations into serious crimes or complex inquiries. As members of the judiciary, he is autonomous from the executive branch, and therefore separate from the Prosecutor which is supervised by the Minister of Justice. The Examining Judge questions witnesses, interrogates suspects, and orders searches for other investigations, whose role is not to prosecute the accused, but to gather facts, and as such their duty is to look for any and all evidence, both incriminating or exculpatory. Both the Prosecution and the defence may request the Examining Judge to act. The scope of the inquiry is limited by the mandate given by the prosecutor's office: the Examining Judge cannot open a criminal investigation sua sponte.
The Examining Judge orders the committal of the accused: if he decides there is a valid case against a suspect, the accused is sent for an adversarial trial by jury. The Examining Judge does not sit on the trial court which tries the case.
The criminal defendant does not have to answer questions about the crime itself but is required to answer all other questions at trial. A defendant is the first to testify and is allowed to see the government's case before testifying; usually, the defendant is eager to give her or his side of the story. The accused is, with some exceptions, protected from self-incrimination. During both the Investigative and Examining phases, witnesses, and suspects can have legal advisers present to stop questions straying into the wrong areas.
As a result of the thoroughness of the examining phase, a record of evidence has already been made and is equally available to the prosecution and defence well in advance of the trial. The main function of a trial is to present the case to the trial Judge and to allow the lawyers to present oral argument in public. While there is no cross- and re-examination of witnesses, witnesses are still questioned and challenged.
As a result of judicial investigation and defendants being able to have judicial proceedings dismissed on procedural grounds during the examining phase, cases where the evidence is weak tend not to reach the trial stage: the Prosecutor recommends a trial only if he is sure that there is sufficient evidence of guilt. The entire dossier of the pretrial proceedings is made available to the defence.
The case is tried before the court: the Prosecution seeks the conviction of accused criminals, the defence attempts to rebut the prosecution claims, and the Judge draws their conclusions from the evidence presented at trial. At the trial the Judge assumes a direct role, conducting the examination of witnesses, often basing his questions on the material in the dossier. Neither the prosecution nor the defence has the right to cross-examine, but they can present effective summations. A trial may last for months if not for years as the presiding judge gathers evidence in a series of hearings. The decision in a criminal trial is made by the collective vote of one to five professional judges. A two-thirds majority is usually required to convict a criminal defendant.
Evidence is admitted if the Judge decides it is relevant. It is up to the Judge to decide the value of hearsay testimony.
Judges are required to direct the courtroom debate and to come to a final decision. The Judge assumes the role of principal interrogator of witnesses and the defendant, and is under an obligation to take evidence until he ascertains the truth. It is the Judge that carries out most of the examination of witnesses, arising from their obligation to inquire into the charges and to evaluate all relevant evidence in reaching their decision. Juries are generally only used for the most serious cases or for specific categories of defendants.
Victims are not a party to proceedings, but Prosecutors act on behalf of the Empire and do not represent the victim. However, the victim is allowed to be represented by their own lawyer.
Capital punishment
The capital punishment is mostly reserved for the Imperial jurisdiction crimes and offences, and it is administered in several ways. The most common method is killing by hanging, but there are some death penalties which have been retained from the so-called Bloody Centuries.
- Quartering: for desertion «in heat of battle» or «in face of the enemy»;
- Public exposure and starvation: for High Treason committed by a Vor;
- Beheading: for mortal duelling and for Armsman disobeying a liege-lord «in heat of battle» or «in face of the enemy»;
- Hanging: several offences, including abusive impersonating a military officer;
Other than offences which have a prescribed mean of execution, several others - all serious crimes - leave free choice to the executioner. So-called "Free Execution" offences include impersonating an Imperial Auditor, attempting to bribe an Imperial Auditor, or attempting to assassinate one's Count or Count's heir.
Imperial Prosecution Service
The Imperial Prosecution is the most important institution in the system of justice relating to non-political criminal matters. It is a hierarchical organization representing all Prosecutors, all the way down to the lowest level. The Prosecutor General of the Empire is appointed by the Emperor and controls and directs Procuracy officials throughout the system.
Being part of an inquisitorial system, members of the Imperial Prosecution Service has a wide range of functions, involving at all stages in the criminal process. Prosecutors carry out investigations of the majority of cases, supervise investigations carried out by the police forces and the Imperial Prosecution Service’s own employees, authorize arrests, prosecute offenders and supervise prisons. In addition, Prosecutors supervise the release of prisoners and refer judicial decisions to higher courts for review.
Imperial Courts
Imperial courts cannot create common law strictu sensu: they have to create the case law by linking to the interpretation of a particular Imperial statute, or regulation or principle of right: furthermore, Imperial courts cannot dictate the content of planetary law when there is no Imperial supremacy issue in a case.
At the basic level, the courts can be seen as organized into:
- Ordinary courts, which handle criminal and civil litigation;
- Administrative courts;
The structure of the Imperial system judiciary is divided into three tiers:
- Inferior courts of original and general jurisdiction
- Intermediate appellate courts which hear cases on appeal from lower courts
- Courts of last resort which hear appeals from lower appellate courts on the interpretation of law.
Due to the particular nature of matters covered by the Imperial Law, there are few peripheral courts, usually in the most important cities, but also in secondary urban centres. However, the Imperial system of courts is notable for the presence of Special Prosecutions and Courts, i.e. tasked of dealing with specific areas, such as State Security and Terrorism System and Special Crime; each of the special systems are organized in a peculiar way, although both system are subject to the Supreme Court of the Empire:
- High Treason, State Security and Terrorism Prosecution / Special Crime Special Investigating Magistrates;
- High Treason, State Security and Terrorism Prosecution / Special Crime Special Prosecution;
- High Treason, State Security and Terrorism Court / Special Crime Court
- High Treason, State Security and Terrorism Court of Appeal / Special Crime Court of Appeal.
Special procedures exist for the following categories of crimes and suspects: felonies such as terrorism or major illicit drug trafficking are tried in a special solemn proceeding by bench trial sitting 5 active justices on first hearing and 7 on appeal. In such case a simple majority in needed to convict. If there is evidence of association in a terrorist, subversive or major criminal conspiracy, the individual can be administratively detained for up to ten years, while the judge carries out the investigation.
The prosecutor's office is present in every court. Each court, tribunal and conciliation office has a Judicial Chancellery and each Prosecutor's office has a Judicial Secretariat. At Judicial Chancelleries are employed Bailiffs, Assistant Bailiffs and Coadjutors, in the Notifications Office, Executions Office and Protest Office.
The Special Corps of Gendarmes has a privileged relationship with the examining magistrates and prosecutors of the Hight Treason, State Security and Terrorism judicial system. Both Special Corps and magistrates are granted highly intrusive powers of surveillance and the magistrates oversee and even direct the investigative activities of the intelligence/investigative unit of the Ministry of Protection of Imperial Loyalty. Because of the unique relationship between the intelligence community and the magistrates, the prevention and repression powers are highly coordinated and concentrated even though intelligence and law enforcement are separated in theory. Although as not deep as in the case of state security, also the Serious Organized Crime Agency has solid relationships with the Special Crime judicial system.
Justice of the peace
The Justice of the peace has conciliatory function and in civil litigation. In the exercise of jurisdiction, decides according to the law and fairness. In each municipality has its headquarters a justice of the peace. In municipalities divided into fractions or neighborhoods, may be established separate offices of justice of the peace. Each conciliation office is, as a rule, a deputy clerk conciliator; and they may be involved, if necessary, more vice conciliators.
Courts of First Instance
Imperial Courts of First Instance hear offences, less serious felonies and petty crimes; on civil side, they have jurisdiction for civil matters over 10,000 Imperial Marks, of course limited to Imperial legal system, and not to "planetary" systems. Litigants are statutorily required to be represented by a lawyer. The court also sits as a Juvenile Court. Courts are normally composed of 3 judges. The Court of First Instance exercises jurisdiction at first instance in civil matters, exercises jurisdiction at first instance in criminal matters, the duties of probate judge and other functions.
The Court of First Instance is subdivided into sections devoted to civil and criminal penalties. In any Court of First Instance it is established a section of the judges in charge of arrangements for the preliminary investigation stage and for the preliminary hearing. The judges for each section can not be less than three in number.
The President of the Court directs the office and distributes the work between the sections, subject to the duties of the Section President. The direction of the sections is attributed to a Section President.
Courts of Assizes
Imperial Courts of Assizes are criminal trial courts with original limited jurisdiction to hear cases involving defendants accused of major felonies or indictable offences, or "crimes" carrying a maximum penalty of 24 years in prison or more. These are the most serious crimes, such as paedophilia and murder. Also enslavement, killing a consenting human being, and helping a person to commit suicide are serious crimes that are tried by this court.
Cases are tried by a jury of 4 Jurors and a panel of 3 active judges, that is, one Judge-in-Charge and two Associate Judges. Lists of eligible Jurors are put together at random from the list of taxpayers, but both the prosecution and defence have the right to peremptory challenge and can refuse a juror without stating a reason.
The prosecution is conducted by the Prosecutor at the Courts of Assizes.
The procedure before the Court of Assize is partly oral: defendants and witnesses are to give their testimonies before the court. Defendants and their close relatives cannot be put under oath, since doing so could force them into self-incrimination or incrimination of a relative. At the end of the trial, the judges and jurors retreat. They first decide guilt by answering a series of questions — e.g., "Did X murder Y?", "Did X premeditate the murder?". If a conviction is obtained, they then rule on the appropriate penalty. During this procedure, judges and jurors have equal positions on questions of facts, while judges decide on questions of procedure. Judges and jurors have also equal positions on sentencing.
Court of Appeal
The Imperial Court of Appeal handles appeals from lower courts. It is composed of 5 judges. The Court is divided into a number of divisions or Sections: social security, business, general civil, and criminal. This is the only court that requires the intervention of a case attorney to prepare and manage the case and to act as an intermediary between the barrister and the appellant. Appeals may take anywhere from 18 to 24 months, if not longer.
The Courts of Appeal are the intermediate appellate courts of the Imperial court system. A court of appeals decides appeals from the Courts of the First Instance. Because the Supreme Court of the Empire chooses to hear fewer than 100 of the more than 10,000 cases filed with it annually, the Courts of Appeals serve as the final arbiter on most Imperial cases. Therefore, Imperial Courts of Appeals are considered among the most powerful and influential courts.
There are currently 1,790 judges on the Courts of Appeals. These judges are nominated by the Emperor, and if not revoked by the Joint Councils have lifetime tenure. There currently are 85 Imperial Courts of Appeals with their Imperial Circuits geographically defined.
Court of Assize of Appeal
Both the defendant and the prosecutor can appeal a decision from the Court of Assize to the Appellate Court of Assize. The Court of Assize of Appeal has the same composition of judges and lay judges as the Court of Assize, but the Judges are senior relative to the judges in the first court. The Court of Assize of Appeal must also publish written explanations of its decisions. This appeal includes a complete review of the evidence – in effect a retrial.
Hierarchy of Imperial Judges
The Imperial Judiciary is made by the Judiciary Auditors, by the Judges of all levels and by Prosecutors. Judges Conciliators, Deputy Judges Conciliators, Honorary Judges of the Court, Deputy Prosecutors, Councillors of the Supreme Court and Experts of the Labour Court are Honorary Magistrates. Also the staff of the Judicial Secretariats and of the Judicial Chancelleries are members of the judiciary, while Bailiffs are auxiliaries of the judiciary. Judges are appointed, promoted and dismissed by the Emperor, on the proposal of the Minister of Justice.
| Rank | President of | Member of |
|---|---|---|
| Lord Chief Justice of the Empire | Supreme Court of the Empire | - |
| Lord First Justice of the Empire | Section of the Supreme Court of the Empire | Section of the Supreme Court of the Empire |
| Lord Justice of the Empire | Court of Assize of Appeal | |
| Chief Justice | Court of Appeal | Court of Assize of Appeal |
| First Justice | Court of Assize | Deputy President of Court of Appeal |
| Justice | Section of Court of Assize | Court of Appeal |
| Chief Judge | Court of First Instance | Section of Court of Assize |
| First Judge | Section of Court of First Instance | Court of First Instance |
| Judge | - |
High Treason
Under the Imperial Law, high treason is the crime of disloyalty to the Emperor. Offences constituting high treason include plotting the murder of the Emperor, committing adultery with the Empreress, with the Emperor's eldest unmarried daughter, or with the wife of the Crown Prince, levying war against the Emperor and adhering to the Sovereign's enemies, giving them aid or comfort and attempting to undermine the lawfully established line of succession.
High treason is distinguished from ordinary treason, committed against a subject of the Sovereign, the scope of which is limited by statute to the murder of a legal superior.
Considered to be the most serious of offences, high treason is met with extraordinary punishment, because it threatens the security of the Empire. Starvation to death is often employed. High treason today comprises:
- Compassing the death of the Emperor, or of the Emperor's wife or eldest son and Crown Prince;
- Violating the Empress's wife, or the Emperor's eldest unmarried daughter, or the Crone Prince's wife;
- Attempting bodily harm to the Emperor, Empress, or their heirs apparent or attempting to deprive them of their title;
- Imprisoning the the Emperor, Empress, or their heirs apparent;
- Usurping the Crown;
- Attempting to hinder the succession to the Camp Stool;
- Depriving the Emperor of the Crown;
- Publishing that the Emperor is an usurper of the Crown;
- Levying war against the sovereign in the realm;
- Adhering to the sovereign's enemies, giving them aid and comfort, in the realm or elsewhere;
- Moving or stirring any foreigner to invade the Empire;
- Rebelliously withholding from the Emperor his fortresses, ships, artillery etc.
Liability
As a general rule, no Barrayaran court has jurisdiction over the Emperor, from whom they derive their authority. Furthermore, to charge the Emperor with high treason would be inconsistent, as it would constitute accusing him of disloyalty to himself. A person who attempts to become the Sovereign without a valid claim can be held guilty of treason.
An alien resident in the Empire owes allegiance to the Crown, and may be prosecuted for high treason. The only exception is an enemy lawful combatant in wartime, e.g. a uniformed enemy soldier in Barrayaran space.
A Barrayaran subject resident abroad also continues to owe allegiance to the Crown. If he or she becomes a citizen of another state before a war during which he bears arms against the Crown, he or she is not guilty of high treason. On the other hand, becoming a citizen of an enemy state during wartime is high treason, as it constitutes adhering to the sovereign's enemies.
Insane individuals are not punished for their crimes.
Procedure
Counts and their wives and widows were formerly entitled to be tried for treason and for felonies in the Council of Counts. In the Council of Counts, the Lord Guardian of the Circle presides, but the entire Council acts as judge.
Commoners are entitled to be tried for high treason by High Treason, State Security and Terrorism Courts.
Finally, it is possible for Council of Counts to pass an Act of Treason, which pronounces guilt without a trial. Historically, Acts of Treason are used against dangerous political opponents when speedy executions are desired.
Barrayaran Law
The Barrayaran Law is the legal system which is in power over the whole planet of Barrayar, although with different regimes according the area: in the Southern Continent and on orbital facilities law is enacted by all-planetary bodies according all-planetary laws, while in Northern Districts the Barrayaran legal system is in power only for some strictly inter-Districts matters, which however are not of interest for the whole Empire.
In the Barrayaran legal system, there are both a Criminal Courts system and a Civil Courts system, both with three levels (First Instance, Appeal and High Court of Justice). The Criminal Procedure is of inquisitorial type, modelled after the Imperial procedure.
Northern District Law
The sixty Northern Districts are suzerain powers with their own legal systems. They retain full power to make laws covering anything not pre-empted by the Imperial prerogatives, statutes, or interstellar treaties ratified by the Empire.
All Northern Districts have a judicial branch that applies and interprets both state statutes and regulations, as well as ordinances. Normally, District Counts or, on their behalf, District supreme courts (if present) are the final interpreters of District law, unless their interpretation itself presents a Imperial supremacy issue, in which case a decision may be appealed to the Supreme Court of the Empire. The right to petition the District Count is not universal, nor granted to everyone by the Imperial Law; one way to get it was to have one’s father die in military service. Every District, if it desires so, can establish more favourable laws, however. In Northern Districts the criminal procedure is very varied because each Count deals with its own traditions and preferences, but there are some common models.
The so-called "Organic Model", which includes a mostly inquisitorial proceeding, provides that Village Speaker (or Town Magistrate: the local representative and chief official) Speaks also serious crimes as a court of first instance; its judgements may be appealed to the District or Circuit Magistrate as a court of appeal and second instance, and then to the Count or to his Voice, who is the final appeal instance. Against Count's judgement, no appeal may be enacted under the local District law.
Komarran Law
Komarran Law is the legal system of the planet of Komarr. It has shares the main legislature with the rest of the Empire: Komarr and Barrayar and Sergyar each retain fundamentally different legal systems. The re-establishment of the Komarran Council ensure that Komarr may pass legislation within its areas of legislative competence.
The chief courts are the High Court of Civil Cases, for civil cases, and the High Court of Criminal Justice, for criminal cases. The Supreme Court of the Empire serves as the highest court of appeal for civil cases also under Komarran law. Dome courts deal with most civil and criminal cases including conducting criminal trials with and without a jury. The Dome Courts provide a local court service with 67 Dome Courts organised across nineteen Sectors, while there is one Court of Appeal (both Civil and Criminal) in each District. The Criminal Procedure is fully adversarial.
The Secretary for Justice is the member of the Komarran Corporate Board responsible for the courts and criminal justice and for the Komarran Prison Service.
Sergyaran Law
The Sergyaran Law is the whole set of both Imperial Ordinances and locally enacted acts in power on the planet of Sergyar. The system is currently only a derivation of the Imperial Law, although local acts are developing a legal tradition which combines both Komarran and traditional Barrayaran elements and doctrines. The Viceroyalty of Sergyar has a very sparse population, and therefore each government level corresponds to a court level.
Supreme Court of the Empire
The Supreme Court of the Empire is the highest court in the Empire of Barrayar. It has ultimate appellate jurisdiction over all Imperial courts and over subordinate jurisdiction court cases involving issues of Imperial Law, plus original jurisdiction over a small range of cases. The Supreme Court is the final judicial interpreter of the law, although it may only act within the context of a case in which it has jurisdiction. The Imperial judicial power extends to all cases arising under Imperial law. This encompasses a broad ranges of matters, essentially all cases when the national security is put in jeopardy, when the Empire is involved as a whole with foreign powers, when there is diversity of citizenship, when there is an inter-jurisdiction litigation, when cases originate from areas put outside every subordinate jurisdiction and when the Government of the Empire is a part.
The Court consists of a Lord Chief Justice and 24 associate Lord First Justices who are appointed by the Emperor. Once appointed, Justices have life tenure unless they resign, retire, take senior status, or are removed after impeachment. The Supreme Court is the only Imperial court that has jurisdiction over direct appeals from subordinate jurisdiction court decisions.
Legal Codes
The fundamental principles of the civil and criminal branches of the various law systems are established at the all-Imperium level and then set down in the legal codes of the individual legal systems. The Civil Code deals with contract law, tort law, family law and law governing wills and inheritance. Separate codes exist for labour law. The Criminal Codes concern themselves with all aspects of criminal behaviour. Both the Criminal Codes and the Codes of Criminal Procedure define political crimes in a restrictive form. They also establish procedural rules to govern the arrest and detention of suspected criminals.
Within the Empire of Barrayar, judges are civil servants exercising as deputies one of the sovereign powers of the Emperor, and, accordingly, only Barrayaran subjects are eligible for judgeship. Barrayaran judiciary enjoys some autonomy from the executive branch. Procedures for the appointment, promotion, demotion and removal of judges vary depending on whether it is for the judicial, administrative, or audit court stream.
The Ministry of Justice handles the administration of courts and the judiciary, including paying salaries or constructing new courthouses. The Ministry also appoints and removes judges and prosecutors, funds and administers the prison system. Lastly, it receives and processes applications for Imperial pardons and proposes legislation dealing with matters of civil or criminal justice. The Minister of Justice is also the head of all public prosecution services.