Law in The Concord
In the signing of The Concord, the five realms ceded much of their legal powers to a single judicial branch of the Civil Service. This was primarily done so that a single rule of law could settle on the land, rather than the citizens of The Concord being caught out by local traditions in different realms, and attempting to agree on which had primacy. This legal system is one operated by Magistrates employed by the Concordian Civil Service, and is generally regarded as fair and as effective as can be expected.
Magistrates, Investigations, and Trials
Implementation of Concordian Law is overseen by Magistrates, local figures employed by the Civil Service for this purpose. In pursuit of this goal, Magistrates have far-reaching legal powers to allow them to go anywhere in The Concord and demand an audience with any citizen. Magistrates also possess the ability to whether to utilise this information and/or to arrest suspects themselves, or whether to assign others to investigate on their behalf. This deputisation may be temporary for a single investigation or may be a long-term agreement based on circumstance.
Where possible, each investigation should be overseen by two Magistrates; an Investigative Magistrate, and a Trial Magistrate. The Investigative Magistrate conducts the investigation (or advises deputies who are conducting the investigation) and decides whether or not there is sufficient cause to go to trial. The Trial Magistrate then oversees the trial and makes the final sentence. This is to ensure that the Trial Magistrate is not clouded by failed hunches or other similar hypotheses, while also separating power among as many individuals as possible. However, in circumstances where this is not possible, one magistrate will act as both Trial and Investigative Magistrate.
Concordian trials are inquisitorial rather than adversarial; there are no juries and no barristers. Trials are conducted by the Trial Magistrate who weighs the evidence and determines guilt, and the accused is expected to speak in their own defence. The Magistrate has the legal authority to silence and bar anyone from speaking in their court, and will use this power to ensure that trials remain short and dramatic. Lawscribes and advisors are common in some areas of The Concord to act as advisors, but they cannot replace an accused’s expectation to speak for themselves and are by no means an expectation or a right. The minimum number of persons required to be present for a trial to be valid are the Trial Magistrate and one other person in witness. The accused should be present if possible, but may be tried in their absence if they abscond.
Modern legal frameworks do not apply. There is no right to silence; if the accused refuses to answer a question, the Magistrate may make an adverse inference about their guilt. Hearsay and circumstantial evidence are admissible. Prior history between the accused and the victim may be weighted as evidence, as well as the absence of an alibi. The Trial Magistrate's purpose is to determine guilt to an amount that convinces them, rather than beyond all doubt or beyond reasonable expectation, given the evidence that is provided to them within the court. Magistrates may choose to try all those accused in connection with a particular crime or crimes at the same time, such as in circumstances where criminal conspiracy by a group of individuals is expected.
Trials may consist of the Trial Magistrate questioning witnesses relevant to the case. This will usually include the investigating officer (be they a Magistrate or deputised individuals), the accused, and, in some circumstances, expert witnesses who are believed to possess relevant specialist knowledge. Trials are often decided purely on the basis of witness testimony. As such, witnesses who provide false testimony are subject to harsh penalties. It is not unknown for a Magistrate to impose a summary punishment upon a false witness without recourse to an additional trial. There is no requirement for witnesses to be sworn in as every citizen is always bound by their constitutional obligations. Witnesses who fail to attend a trial to which they are called run the risk of being found in contempt of court. The accused may request the Trial Magistrate to call specific witnesses to give evidence and may ask to question any witness themselves, but the Magistrate is not required to allow it.
If the Magistrate finds the accused guilty then they will proceed to sentencing; this may involve calling a recess to consult with other Magistrates to deliver an appropriate punishment, although this is not always the case. If the accused is found guilty, a Priest may submit a plea for clemency on their behalf if they can present theological reasons why their actions were justified. This will not reverse a guilty decision, but may amend the sentence.
Magistrates have considerable power but are bound by divine oaths to uphold the spirit of the law. As such, they are considered above reproach. Their decisions may be incorrect – they are not infallible - but they are known to be absolutely impartial and honest when dealing with matters of the law.
Pre-Trial Structure
Any deputies or officers present their investigation to the Investigative Magistrate who determines if there is enough to warrant a trial. The Investigative Magistrate (and deputies or officers if appropriate) then presents a synopsis of their findings to the Trial Magistrate who will either confirm or deny the trial.
If the trial is approved, the Investigative Magistrate and/or any deputies or officers will locate the accused and inform them of the accusation. The accused is then summoned to court where they will be asked how they plead in relation to each charge: guilty or not guilty.
If the accused intends to plead guilty, the Trial Magistrate may elect to still hold the trial to gain a greater understanding of the circumstance if they feel the need, otherwise, they may elect to immediately move on to sentencing. It is at this moment that the accused may elect to have a Priest intercede on their behalf and request religious clemency.
If the accused pleads not guilty then the Trial Magistrate will make arrangements for a trial to be held to investigate the facts of the face to determine guilt. If the accused refuses to present themselves to the court, refuses to plead, or cannot be located within a reasonable time then the magistrate may treat this as a guilty plea. In all of the above cases, including pleading not guilty, a plea for clemency is not permitted.
If all the relevant witnesses and evidence are available then the trial may proceed summarily. Alternatively, if further time is required to assemble witnesses and evidence, the Magistrate will release the accused on their oath that they will present themselves when it is time for their trial. Occasionally, the Magistrate will set other limitations on the accused’s behaviour while awaiting trial if they believe that the accused is likely to abscond. This includes extending their oath to attend to the members of their nation, and the payment of monies or assets to be held by the court as surety. In extreme circumstances where they believe the accused may commit further crimes during the assembly of the trial, the Magistrate may order the accused to be held in supervised custody until the trial. If so, the trial must be carried out as soon as is reasonably practicable. This is also the process if the trial has to be held in recess for any amount of time.
Structure of the Trial Process
The Magistrate summarises the charges and then questions the accused about their version of events. The accused may be given an opportunity to make a statement.
The Magistrate questions any witnesses and examines any other evidence. The accused may also be given an opportunity to question witnesses or examine the evidence.
The Magistrate may give the accused a final opportunity to speak before either retiring to consider or passing judgment. The Magistrate will then pronounce the sentence. Punishment is usually carried out swiftly but those sentenced to death may be allowed time to make final arrangements.
Punishments Available
While not an exhaustive list, these punishments are by far the most commonly given as sentences.
- Fine: The most common punishment. The amount of the fine may vary due to multiple factors: the seriousness of the crime, previous convictions, and the wealth of the accused. The Magistrate may also levy additional fines to be given to the compensation of the victim(s). The Magistrate’s power to issue fines also includes the power to confiscate the convict’s assets, without limitation. Where the magistrate believes that the convict’s assets have been transferred to other persons in order to avoid confiscation, they may take action against them for attempting to pervert the course of justice.
A note on Weregilds: The Iron Valley tradition of Weregilds, or blood-price, has become common across The Concord. A willingness to pay a Weregild to an aggrieved party (particularly for crimes of the body) will be looked on favourably by a Magistrate, particularly if such an arrangement has been made before a case comes to trial.
- Execution: The ultimate penalty. This is reserved for the most serious crimes. While there is no set method of execution laid down by the law, the interests of justice are usually served by swift and sober methods.
- Corporal punishment and disfigurement (including branding): Considered somewhat archaic but still occasionally practiced, particularly in cases involving serious crimes with extenuating circumstances that would normally be cause for execution, or in repeat offenses of lesser crimes.
- Public denouncing of a convict and potentially their group: Magistrates may use their position to denounce a convict, along with their associates. Such denouncements have no legal force in themselves but are usually used to bring matters to the attention of other bodies. Sometimes denouncements serve as a public warning about an individual or group.
- Religious consequences: It is not unheard of for religious powers such as inquisition or anathema to be suggested to the Church after a trial. Although a Magistrate cannot directly order the use of religious powers during sentencing, they can make a formal request to the Church to do so. These punishments include restrictions on their ability to speak at Church and restrictions on their voting abilities.
- Magical punishments: Although rare, occasionally a Magistrate may choose to legally sanction the use of magic upon a convict if that is the most appropriate course of action. These often take the form of the application of curses. In this case, it is the duty of the court to locate the materials and individuals required to perform the curse.
Types of Crime
Within the courts of The Concord, crimes are broadly speaking separated into categories;
Crimes of the Body
Crimes of the body include most physical crimes where harm is done to another. Such as:
Murder – Unlawful assault or other action against a person with intent to kill which results in someone’s death.
Individuals who agree to a duel to the death may be spared this crime, however individuals must be of sound mind and within their own power to give such consent, which must be kept in writing.
Manslaughter – Unlawful assault or other action against a person which results in someone’s death.
Assault – Unlawfully striking a person.
There is a traditional defence to an assault charge which applies where unwelcome visitors who refuse to leave your camp are cut down, removed from camp, and then provided with sufficient medical assistance to avoid permanent injury. One who is accused of assault but wishes to claim this defence should plead not guilty if it goes to trial. However, if the Magistrate decides that the accused’s behaviour was unreasonable they will be found guilty.
Mayhem – Unlawfully maiming or mutilating a person.
Poisoning – Introducing or applying a poisonous substance or effect to a person which causes them harm.
False Imprisonment – Unlawfully detaining a person against their will. Suspects must be directly supervised during any period of lawful custody.
Malsanguino – Wilfully preventing someone from receiving medical attention with the intention of causing them harm. Note that malsanguino does not apply where someone simply refuses to provide medical attention, it instead relates to deliberately obscuring someone who requires medical attention, be that actively or passively.
Slavery – Unlawfully holding the power of life and liberty over any person. The direct purchase and sale of slaves is also illegal, but this does not encompass the repatriation or ransoming of Concordian Citizens.
A note on piracy: Although there is no crime specifically relating to acts of piracy, in practice this activity falls under the crimes of assault, theft, criminal damage and so in. Be aware that acts of piracy committed against foreigners by Concordian Citizens may be investigated as criminal acts.
Crimes of Property
Crime of property generally refers to the use, acquisition, and destruction of objects, wealth, livestock, and land.
Theft – Dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it. The burden is on the accused to satisfy the magistrate as to their intention to return the property.
Handling stolen goods – Receiving or disposing of goods which you know or believe to be stolen.
Counterfeiting – The falsifying or unlawfully creating or amending of a Concordian document or legal tender.
Criminal damage – Unlawfully destroying or damaging any property either belonging to another person or to The Concord. Magistrates will often refuse to bring to trial cases involving accidents or claims of negligence, preferring such cases to be held in civil courts. Criminal damage to Concordian property is almost always dealt within in criminal courts, however.
Possession or supply of controlled substances or items - Currently The Concord bans the possession or supply of no items, alchemical or artisanal. However the legal framework exists here for future need, should it become appropriate.
Crimes of the State
Crimes of the state refer to damaging, disrupting, or disadvantaging The Concord or its systems, through action or inaction.
Treason – Aiding external forces who mean the Concord harm or disadvantage, including the revelation of secret information, the exchange of resources, deliberate assault on the Civil Service or titleholders for disruptive purposes and other similar crimes. Those who would bring The Concord into disrepute by attacking allies, provoking foreign nations or leading elements of The Concord into separatist causes or similar without the leave of the Throne or Senate would also be guilty of treason.
Impersonation of an official – Falsely and dishonestly claiming a title, membership to the Civil Service or Passage Watch with the intent to deceive.
Dereliction of duty – Volunteering for a Concordian duty or title and then failing to carry it out through neglect or cowardice. Members of the Passage Watch are expected to act in accordance with their duties when they observe a crime in progress or about to occur. Those who take to the battlefield and then show conspicuous cowardice in the face of the enemy may also be tried for this offence.
Contempt of court – Any behaviour which impedes the proper operation of the legal process. For example; being disruptive during a trial, being disrespectful to a Magistrate's authority, concealing offenses or assisting others to evade arrest, interference with witnesses or evidence and withholding, perverting or evading lawful punishment.
Resisting arrest – Any course of action with the intent to oppose lawful arrest.
Crimes of the Spheres
Crimes of the Spheres are actions or inactions which pervert, obscures, or disadvantages the Church, its teachings or the Immortal Spirits of the Concordian People. Where the punishments for these crimes can be enacted through the Church (censuring a Priest's votes or ability to speak at Church, refusal of their access to the sanctified square, and even anathema) they can be enacted by the Church using an appropriate motion. However religious crimes can, and often are, trialled with a Magistrate once the Church has completed its inquisition. This is required if punishments outside the Church's power are to be enacted (such as fines or execution).
In all of these circumstances, ‘the Church’ refers to the Concordian Church of the Divine Spheres.
Idolatry – Raising up of idols, creatures, beings, concepts or causes to equal to, greater than or in replacement of, the Spheres. This also includes perverting the hierarchy of the Spheres (raising Heralds above or equal to Eternals, or Eternals above or equal to Spheres)
Blasphemy – Actions or statements that contravene the teachings of the Spheres such as necromancy, the worship of false Spheres, and acceptance of false religions.
Heresy – Actions or statements that contravene the teachings of the Spheres, and serve to spread this knowledge to others, such as the training of necromancy, the promotion of false deities or Spheres and the promotion of false teachings of the True Spheres.
Abuse of powers – The misuse, or abuse of the powers of a Priest. This includes the powers of the Church as well as religious Ceremonies.
Desecration – The damage or destruction of a Holy Site or religious artifact of the Church. This also includes the theft of religious artifacts.
Notable Non-Crimes
The following are notably not crimes and should be known as such to the people of The Concord.
Fraud – Dishonesty calculated for personal gain. However, be aware a victim might raise a civil case in these circumstances, particularly if a written agreement or oath was contravened. Buyer beware is certainly the call of the day when it comes to matters of business agreements.
Blackmail – using threats to make a gain or to cause a loss to another.
Slander and libel – Making disparaging and false statements about another in public.
Threats of crime – Implicitly or explicitly stating you or someone will perform a crime for gain or to cause loss to another. However, it is likely that this admission will be used as evidence should the crime occur.
Use of magic – Using magic on another person is never in and of itself a crime. However, if the effect of magic meets the definition of a crime then the fact that this effect was achieved by magic is no defence. For example the curse ‘Blindfold of the Uninitiated’ robs someone of their ability to read and write. Doing so is not a crime, as stopping someone from reading and writing is not a crime. A damaging spell would be a crime as it produces a similar effect as striking someone with a weapon, leading to a charge of assault.
Notes About Concordian Law
Attempts to commit a crime: An attempt to commit a crime will be tried in the same way as if they had committed the crime, but may (or may not) result in a lesser sentence.
Aiding and abetting of crime: encouraging, soliciting or helping with the perpetration of a crime will be tried in the same way as if the accused had committed the crime but may (or may not) result in a lesser sentence.
Consent: it is possible for willing participants to give consent so that what would otherwise be crimes being committed against them are not. This is not always possible and will be judged by a Magistrate on a case by case basis.
Lawful arrest: If an ordinary citizen or member of the Watch who believes another person has committed a crime apprehends them, then the law provides some protection against crimes (for example, assault) associated with this act. However, if a Magistrate decides that their actions were disproportionate, or that it was not reasonable to believe that the person apprehended had committed a crime, then this protection will not apply. If a citizen wishes to claim this defence at trial then they should plead not guilty.
Self-defence: If a person reasonably believes that their property or the safety of themselves or others is in immediate jeopardy, then they may use reasonable force in order to protect them. If someone wishes to claim this defence at trial then they should plead not guilty. The Magistrate will determine whether their behaviour was reasonable and, if they decides that it was not, then the accused will be found guilty. Claims of self-defence will also fail where the accused is already engaged on a course of criminal activity or is subject to lawful arrest. Using a claim of self-defence to justify protecting a barbarian will very likely fail unless the Magistrate is satisfied that the accused reasonably believed that the victim was entitled to protection under the law.
Individuals and the Law
All characters in Concord fall into one of the following categories in relation to the law:
- Citizens of The Concord must fulfil their obligations to The Concord and, in return, they receive associated rights. In this manner they are both protected by Concordian Law and beholden to it.
- The child of a Concordian citizen has the full protection of the law as if they were a citizen. Until a child becomes a citizen their parents or guardians are responsible in law for any criminal or civil offenses that they commit.
- Enemies of The Concord are defined as anyone named so by the Senate or any members of nations, organisations, or creeds with which The Concord is at war. They have no recourse in Concordian Law but they are still considered beholden to Concordian Law when it comes to their dealings with Concordian Citizens, lands, or goods. Unauthorised dealings with enemies of The Concord are illegal and will be investigated as treason.
- Any delegations from nations, organisations or creeds named as enemies of The Concord who treat with Concordian forces under a flag of truce are protected under Concordian law for the duration of their visit. They are not necessarily beholden to Concordian law during their stay, as cultural differences may need to be observed, but blatant or repeated flouting of Concordian Law will likely bring diplomatic contact to a swift close and possibly facilitate criminal investigation of Concordian officers who facilitated the contact.
- Foreigners are defined as any person who is neither a Concordian citizen or an enemy of the state. Foreigners are beholden to Concordian Law while they are within The Concord or seas that it controls. Foreigners are not necessarily granted protection by Concordian Law, but Concordian citizens are still beholden to Concordian law whilst within The Concord.
The Church and Crime
As an arm of the state, the Concordian Church of the Divine Spheres investigates religious crimes, prosecutes Priests for malpractice, and assists Magistrates and officers of the law with investigations where it concerns the Spheres. There is an amount of discord between the Church and the Magistrates where their jurisdictions ends. A summary is as follows:
- Through inquisition the Church can appoint Priests to question citizens of The Concord for any reason.
- Following an inquisition (although not requiring one) a Priest can put forward a motion of censure targeting another Priest. Censure can include any of the following:
- Restricting a Priest's ability to speak at Church sessions.
- Reducing or removing the number of votes a Priest holds.
- Removing a Priest's access to the sanctified square to cast ceremonies.
- Publicly denouncing a Priest or a sect or the actions of a Priest.
- Following an inquisition (but not requiring one) a Priest can put forward a motion of ‘penance’. A motion of penance is a formal request for the listed individual (who need not be a Priest) to voluntarily submit to further punishment without involving a Magistrate. Penance punishments often involve public statements, donation of resources, or service to the Church. If the listed individual refuses to volunteer, nothing occurs, although this may be used as evidence towards a later motion of condemnation.
- Following an inquisition (but not requiring one) a Priest can put forward a motion of ‘condemnation’. A motion of condemnation is a formal request that the individual be charged with religious crimes by a Concordian Magistrate. Successful motions of condemnation are provided to a Magistrate or Captain of the Watch for investigation and arrest. This is primarily used to access punishments inaccessible by the Church such as fines, corporal punishment, or execution.
- Following an inquisition, a Priest can put forward a motion of 'anathema'. A motion of anathema is to remove individuals from the protection and membership of the Church, and in doing so, strips a citizen of their citizenship. Doing so requires a Magistrate's signature and, while they are not required by law to provide such approval, they are unlikely to refuse except in great miscarriages of justice.
- If a religious crime is reported to a Magistrate or Captain of the Watch, they are to be reported to an appropriate High Priest or High Priests to investigate, with the intent that it will result in a motion of censure, penance, condemnation or anathema.
Civil Claims
Where a citizen (the plaintiff) has a disagreement with another person (the defendant) which cannot be resolved between them and does not pertain to a criminal act, they may seek redress under civil law.
Magistrates are usually reluctant to hear cases where there is some other preferred method of resolution, for example using national customs or seeking agreement between the involved parties privately. If the involved parties have attempted such routes and wish to provide with the trial, they can request a hearing from a Magistrate. Such hearings will usually have a fee of one Lock, although this may be raised during times of extreme need, lack of resources, or any other reason.
The plaintiff must seek out a Magistrate and organise a time for the hearing where the plaintiff, defendant and Magistrate are all present. At the appointed time, the presiding Magistrate will hear the case and deal with any procedural issues (such as missing parties or witnesses) as they arise.
In order for a claim to be successful, the Magistrate must be satisfied that the plaintiff has suffered harm as a result of the defendant's unvirtuous behaviour, and that it is just and fair to apply redress. There is no specific burden of proof applied to either party. The Magistrate will decide the merits of the claim based on the evidence. The plaintiff should request an appropriate redress as part of their submission to the court.
Both plaintiff and defendant have as wide a latitude to argue their case as the Magistrate permits within the brief time allowed. When the Magistrate deems sufficient time has been accorded to this matter (usually no more than ten minutes) they will render judgment, which is binding on both parties. Breaching the terms of the Magistrate's order will very likely result in a finding of contempt of court. It is not unusual for Magistrates to reserve judgment, especially in those cases where they are of the view that the parties should have resolved this matter between themselves or where both parties have behaved inappropriately.
The Magistrate has a wide latitude available with regard to orders for redress or sanctions to any affected party, although compensation or orders for the ownership of assets are the most common remedies. Magistrates will normally only apply criminal sanctions where crimes are proven to their satisfaction during the course of the hearing. If this is the case, the Magistrate will usually summarily convict the offender.
Purpose
The purpose of having such a thorough and expanded legal system within a game that is ostensibly about governance, heroics and loyalty, is to help make the world feel believable and to corral the worst parts of the medium.
The Concord, beyond what we see at game, is a largely law-abiding society with a generally capable enforcement of its legal code as is to be expected of any fantasy-medieval society of this scale. Having this more realised legal system and its associated enforcement expands on the believability of this fiction. Characters should have the understanding that the law is generally followed and is enforced well in most places of The Concord unless noted otherwise.
Secondly, and arguably, more importantly, having a legal system in place such as this allows us to subvert the fact that crime is often the most efficient method of problem-solving within LARP which is often far easier to do than in real life. The intent is to create a game where disagreements remain political rather than murderous. By making murder difficult to get away with, we hope to ensure that it is the least attractive option open to a player when dealing with their political enemies, rather than the most attractive. The intention of the law is not to remove assassination from the game, nor is it to remove lesser crimes (such as assault), but to present the response to these crimes in a manner that fits within and expands the world, while dealing with the inherent deficiencies of LARP as a medium for crime.
While our intent is not to make crime and responses to crime a core of the game, they are a part of a fully realised world, and as such we do our best to make them a part of the story. That is to say, we’re not here running a LARP about assassins and thieves, but if the story creates them then we will include them. With this in mind, the legal system allows us to have that disciplinary aspect without immediately taking these circumstances off-screen.
All Magistrates will be NPCs so that they can work towards the goal of making the law be trustworthy and effective while acting in this role. Currently, the NPCs in this position are notable Civil Service workers (such as the Symposiarch, Archivists, and Curates pulling double duty). There is no intention to make the Magistrate position available to player characters. Magistrates are also briefed to ensure that trials remain short and sweet, rather than running on interminably which is common in situations where they are not rigorously controlled. Because their role is to make the law effective, Concord will not run plot around corruption of the Magistrates and similar themes. Magistrates can be swayed by clever or charismatic testimony (as well as lacking or poor investigations) but they cannot be bribed, blackmailed, browbeaten or intimidated while acting in their role.