To The Regalian Judiciary And Regarding Eloi Playero

Discussion in 'Regalian Roleplay' started by Mad_Gadfly, Apr 11, 2021.

  1. Mad_Gadfly

    Mad_Gadfly ◢◤

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    Memorandum
    Jurisdiction: Pursuant to Regalian High Law, accusations of High Law violations shall be heard through either the Lord Commander or the Court. Furthermore, Citizen Rights within the Regalian Empire allow First-Rank citizens the right to Court procedure.

    On April 9, 309AC, the Reinard Chancellery accused Mister Eloi Playero of violating Regalian High Law 3. Therefore, the Regalian Judiciary has jurisdiction over the matter. However, Mister Eloi Playero also stands accused of the following:
      • Regalian Low Law 1: Inflicting harm against another or one’s self unless self-defense demands it is illegal.
      • Regalian Low Law 2: To sabotage, undermine, or be negligent in State Official Duty, is illegal.
      • Regalian High Law 3: To rob or attempt to rob the life of another person, whether born or unborn, is illegal.
      • Regalian Capital Law 4: To commit mass-murder or cause mass-death intentional or not, is illegal.
      • And, "Furthermore, the Lord Chancellor makes a special note of their endangering the wellbeing of the whole Empire by interfering in a delicate foreign matter, and inciting unauthorized raids across the Regalian border, which he considers a political crime much akin to Capital Law 5."
    Brief: Military Court Privilege prohibits disobeying the hierarchy and pretending membership in the Regalian military. In interfering in a delicate foreign matter and "sabotaging, undermining, or being negligent in State Official Duty", Mister Eloi Playero may have disobeyed the military hierarchy. Mister Eloi Playero has no position in the Military Court and can therefore make no decisions to invade a foreign country. Furthermore, in potentially usurping that authority from the Military Court, Mister Eloi Playero could have in a broad sense pretended membership in the Regalian military in so far as engaging in actions traditionally reserved to the Regalian Military: waging war.

    Pursuant to Regalian Military Court privilege, and "all individuals violating Court Privilege are subject to Court Martial, regardless of whether they are civilian or military". The Military Commissioner also has the authority to initiate "the process of Court Martial through the relevant authorities".

    Good Cause: The Courts-Martial should have the opportunity to hear this case due to the Lord Chancellor's note that Mister Eloi Playero and others "endangered the wellbeing of the whole Empire". This means that this case becomes a matter of national security, which should be reviewed by the defenders of the Empire: the Regalian Military.

    Petition: Having demonstrated good cause to hear this case and after also demonstrating that the Military Commissioner has the jurisdiction and legal authority to initiate a Court-Martial against Mister Eloi Playero and others, this petition requests:
    • That the Regalian Judiciary remand the charge of Regalian High Law 3 to a Court-Martial for trial, so that it is heard via Court-Martial instead of the Civil Court.
    • That the Regalian Judiciary order the Military Commissioner to present any charges against Mister Eloi Playero connected to violations of Military Court privilege for his actions in Daenshore to a Court-Martial for trial so that the same trial as the trial for the charge of Regalian High Law 3 also hears evidence for the charges of Regalian Low Law 1, Regalian Low Law 2, and Regalian Capital Law 4.
    It should be noted that the Regalian Judiciary is petitioned to remand the charge of Regalian High Law 3 to the Court-Martial so that each charge connected to the same alleged criminal act can be heard by the same body, with the same evidence, and in the context of the other charges.

    I submit this petition on behalf of Mister Eloi Playero. The above argumentation for jurisdiction should not be construed to be a confession of guilt. With this petition, Mister Eloi Playero waives his right to court procedure through the Regalian Judiciary in favor of the case being heard through a Court-Martial.

    Respectfully submitted,

    Florence Amaya
     
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