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CRIMINAL LAW

DE ES

(Current version valid from June 23, 2017)

§1
General provisions
  1. Purpose of the Criminal Law is to protect the interests of Womania Empire (W.E.) and the rights of all Womanians.
  2. Means to achieve the purpose of the Criminal Law are threats of punishment, sentencing and executions of punishments and other precautions.
  3. The Criminal Law applies to all persons with the Womanian status no matter where they commit the crime
  4. The Criminal Law applies to all persons without the Womanian status if they commit the crime in the territory which is under W.E. administration.
§2
Functions in the justice system
  1. Person in charge of the W.E. judicial system can only be a Woman with the status of Lady-Citizen of W.E.
  2. Functions in the W.E. justice system are:
    1. Imperial Judge – appointed and dismissed by the Empress
    2. Authorized Court Lady-Officer – appointed and dismissed by the Empress
    3. Imperial Prosecutrix – appointed and dismissed by the Empress
    4. Head Court Executrix – appointed and dismissed by the Empress
    5. Regional Court Executrix – appointed by the Empress after prior approval from the Head Court Executrix, dismissed by the Empress
    6. Prison Wardress – appointed by the Empress after prior approval from the Head Court Executrix, dismissed by the Empress
§3
A Crime
  1. A criminal act is a dangerous act for Womania Empire (hereinafter W.E.) or for an individual, which damages or harms Her/his rights or legitimate interests
  2. Crime committed by Woman must be intentional to be criminal, for men it is enough to be negligent to commit a crime
  3. Degree of danger of committed crime is determined mainly by the significance of the protected rights or interests affected by this crime, the manner the crime was committed and its consequences and the motive of the culprit
  4. The Decision, whether the committed offense was a criminal act, its name and definition, its qualification and the subsequent sentence of punishment is the responsibility of the independent Imperial Lady-Judge or the Authorized Court Lady Officer, who judges the case
§4
Definitions and types of crimes
  1. Crimes are divided according to their severity, the amount of caused damage and danger for society:
    1. Offense
    2. Crime
    3. Extremely serious crime
  2. Extremely serious crime is considered especially:
    1. Insult to Her Majesty the Empress of Womania Empire
    2. Disgrace and defamation of the Imperial Symbols
    3. Subversive activities against Womania Empire
    4. Avoiding the tax obligations against Womania Empire
    5. Repeated violations or defamation of any of the Basic Principles listed in the Womania Empire Deed of Foundation
§5
Aggravating circumstances

The aggravating circumstance that allow the use of a higher penalty rate is considered

  1. if there is very serious consequence caused by the crime
  2. if the offender committed the crime repeatedly
  3. if the crime was committed against the W.E. Lady-Citizen who performs a state function, NobleWoman of W.E. or against the Empress
  4. if the offender had not confessed before the end of the trial
  5. if the offender is a State or Private registered slave
§6
Extenuating circumstances

An extenuating circumstance, that allow to lower the penalty rate, will be taken into account

  1. if the offender is a Woman
  2. if the offender confess before the end of the trial, expresses regret in a form of financial compensation to the damaged party
  3. if the only motive of committing the crime was to protect interests of the W.E. or the Empress or his Lady-Owner
  4. if the crime was committed by a free man based on a wish or an order from a Lady-Citizen
  5. ignorance and lack of knowledge of Legal Norms is not an excuse and is not an extenuating circumstance
§7
Doubts
  1. In case of doubt or lack of evidence, the Court always decides in favor of the defendant if it is a Woman
  2. In case of doubt or lack of evidence, the Court always decides in disfavor of the defendant if it is a man
§8
Criminality of the offense
  1. Acts committed by the Empress are not considered as criminal
  2. NobleWomen of W.E. with higher rank are judged for their crimes by the Empress only
  3. Act committed by Woman is a criminal crime only if the crime has been accomplished
  4. Acts committed by men are criminal already at the stage of preparation or attempt
  5. Criminality of the offense shall be judged according to the law, which was valid at the time the offense was committed
  6. Judgment of foreign state cannot be executed in the territory under the Womania Empire administration nor can have any other effects there
§9
Necessary defense
  1. Act, which would normally be considered as a crime, but used to eliminate threatening or persistent assault on law protected interests, is not a criminal offense
  2. Necessary defense is not considered in a case, when the defense is clearly inappropriate to the attack
§10
Limitation
  1. Criminal prosecution in the form of an indictment can not be commenced for an offense committed by a Woman if at least one calendar year has elapsed since the commitment
  2. For offenses committed by men, the limitation period is set to 20 years no matter the type of offense
§11
Purpose of the punishment
  1. Purpose of the punishment is to protect the W.E. and individuals against offenders, to prevent the convict from committing further crimes and lead him by the punishment to a proper life in the future
  2. The purpose of publishing all sentences and public execution of corporal punishments is, moreover, preventive educational influence on potential future offenders
§12
Types of punishments
  1. For the committed offenses, the Court may impose the following penalties only:
    1. Forced labor
    2. Loss of honorary titles and awards
    3. Prohibition of activity
    4. Financial penalty
    5. Confiscation
    6. Corporal punishment
    7. Punishment of public humiliation
    8. Imprisonment
    9. Prohibition of residence
    10. Loss of the Womanian status
  2. The Court may order a combination of different types of punishment in one sentence to the offender
  3. Punishments described in §12, article 1) letter a, f, g, h may be imposed by the Court to male offenders only
§13
Punishment assessment
  1. Determination of the punishment type and its assessment for a criminal offense is fully within the jurisdiction of the Court, unless this law specifies otherwise
  2. When determining the type and extent of the sentence, the Court will take into account the attenuating and aggravating circumstances and the state of health of the convicted person
  3. For each type and extent of punishment, the Court also determines an alternative punishment in the form of a financial penalty, except the punishment under §12, article 1, letter j)
  4. When determining the amount of an alternative financial penalty, the Court will take into account the real financial possibilities of the convicted if these are known
  5. If the Court sentences the offender who has been previously convicted, but the sentence has been suspended conditionally, the Court adds to the sentence also the original conditionally suspended sentence
§14
Punishment of multiple offenses

If the Court sentences the offender for committing more offenses, it will punish him separately for each offense and the total punishment is the sum of all the sentences stated in the judgment

§15
Conditional punishment
  1. Court may postpone the punishment execution under condition that the convict will not commit any other offense in the future
  2. Conditional punishment execution may only be imposed to persons that have not committed a crime in the past
  3. If a person in conditional sentence commits another crime in the future, it is not possible to punish such person conditionally again
  4. Conditional punishment can not be sentenced for committing a extremely serious crime
§16
Accusation acquittal
  1. If innocence of the defendant is proved during the trial, he is acquitted by liberating verdict
  2. Court case records where the accused has been acquitted are removed from the publicly accessible sections of the Register of Criminal Records
  3. All costs are paid in this case by the complainant
  4. Acquittal is not possible in self-indictment
§17
Punishment execution
  1. If the Court impose an unconditional punishment, it will be executed without any delay and with maximum strictness
  2. The Court precisely defines the type and extent of the punishment in the judgment
  3. Imposed punishment of forced labor according to §12, article 1, letter a) must be executed only in favor of the W.E. or W.E. Lady-Citizens
  4. Imposed corporal punishment according to §12, article 1, letter f)
    1. must be executed by the Court of Executrix of Womania Empire unless it is stated otherwise in the judgment
    2. the execution must be documented for the Court's purposes and its subsequent publication in the Register of Criminal Records
    3. the execution must be public and with announced date, time and place, if it is executed in the territory under the W.E. administration
    4. may be repeated if the Lady-Judge decides that the punishment has not been executed with sufficient severity
    5. shall be executed by using a single tail leather whip with length of at least 130 cm unless stated otherwise in the judgment
    6. may be interrupted as a result of the sentenced person's health problems and will be completed as soon as the conditions of the convicted person permit
    7. the convict has a right to choose which Court Executrix will perform the punishment if it is not directly stated in the judgment
  5. Punishment of public humiliation according to §12, article g) may only be executed in the territory under W.E. administration, with announced date in advance, time and place
  6. Punishment of imprisonment according to §12, article h) can only be executed on place and in facility certified by the W.E.
  7. The convict is obliged to pay all costs associated with the execution of the sentence imposed on him
§18
Crime notification
  1. Any person who learns in any way of committing an offense which has a sign of a criminal offense is obliged to inform immediately the Empress' Office or any Lady-Citizen who is an Imperial Lady-Judge, Authorized Court Officer, Imperial Prosecutrix or Court Executrix
  2. Failure to notify a criminal offense may be considered by Court as a criminal offense
  3. A notification that is knowingly not based on the truth will be considered as a criminal offense of false accusation
§19
Crime investigation
  1. Any investigation, taking and verification of evidence, as well as the possible hearing of suspects and witnesses, shall be carried out by the Lady-Imperial Judge or the designated Authorized Court Lady-Officer
  2. Every Womanian is obliged to provide maximum cooperation to all authorities involved in the investigation
  3. Imperial Lady-Judge is authorized to use painful interrogation methods on slaves in the presence of the Lady-Owner, if She asked for it
  4. To perform a painful interrogation, the Lady-Judge may appoint any Woman providing any function in the W.E. justice system
  5. Painful interrogation must not leave a permanent consequences on the interrogated slave
  6. Information obtained in painful interrogation has the same probative value as the information confessed to the Court voluntarily
§20
Testimony
  1. Every Womanian is obliged testify in front of a Court if called upon to do so by Court
  2. The witness is always obliged to tell true information in the testimony
  3. In case of doubt, the testimony of Woman has more probative value than the testimony of a man
  4. If the Court insists on testifying in person at the place where the Court takes place, all costs are to be paid to the witness after the trial has ended by the convicted person or by the complainant if the convict was acquitted
§21
Self-indictment
  1. Any Womanian who has committed a criminal offense, or an act that may be considered a criminal offense by a Court, is obliged to notify the Court of this fact by submitting a self-indictment
  2. male Womanians are obliged to submit a self-indictment for crimes they have committed before gaining the Womanian status
  3. For crimes reported on the basis of the self-indictment, the Court will impose a moderate punishment, since the self-indictment is considered as a attenuating circumstance
  4. Authorized Court Lady-Officer may also decide on guilt and punishment in the case of self-indictment, without the need of proper judicial proceedings led by the Lady-Judge
  5. Submitting a self-indictment is charged according to the Official Womania Empire Price List and the fee is paid by the complainant
§22
Accusation of another person
  1. If there is a reasonable suspicion that a person to whom this Law applies, has committed a criminal offense, the W.E. will accuse such person through the Imperial Prosecutrix
  2. Any Citizen of W.E. can submit an accusation
  3. Accusations of other persons is always decided by the Imperial Lady-Judge in a separate Court case
  4. The Court is entitled to reject any meaningless accusations without discussion
  5. Accusation of another person based on false information is a criminal offense of false accusation
  6. Submitting an accusation on another person by W.E. Citizen is charged according to the Official Womania Empire Price List
§23
Participation
  1. Person who was involved in a crime even partially conscientious will be punished just like the principal offender
  2. Person who knew about a crime set up and did not report the preparation to a person in a judicial system or the Empress' Office will be punished for assisting a criminal offense
§24
Crimes committed by slaves
  1. For the purposes of this law, slave is meant a State or Private slave registered in the Imperial Registry of Slaves of W.E.
  2. Slave is criminally responsible, just like any other person or subject under this law
  3. Slave is also criminally responsible for acts committed upon order from his Lady-Owner
  4. Lady-Owner of a slave is not criminally responsible for the acts committed by Her slave without Her knowledge
  5. If the slave has committed a criminal offense based on order from his Lady-Owner, the Lady-Owner is fully criminal responsible for this act
  6. Lady-Owner of a slave bears financial responsibility for the material damage caused by the crime committed by Her slave who was in Her ownership
§25
Violent offenses committed on slaves
  1. If a slave is damaged by his Lady-Owner, such conduct is not qualified as a criminal offense
  2. Unauthorized use or damage of a strange slave by Woman is qualified as a misdemeanor and can only be subject to a financial penalty with obligation to compensate any material damage to his Lady-Owner
§26
Judgment
  1. The judgment at the end of each Court case is made by the Imperial Lady-Judge or by the Authorized Court Lady-Officer, who judged the case
  2. The judgment is made in written form and delivered to the defendant, to the complainant and to the Register of Criminal Records
  3. If there is a conviction, the judgment is placed on the publicly accessible Womania Empire web site in the Register of Criminal Records section
  4. The judgment becomes effective:
    1. Immediately, if the convicted gives up the right to ask for mercy
    2. After 7 days if the convict has not sent a request for mercy
§27
Appeal against the judgment

No appeal is permitted against the judgment of the Imperial Lady-Judge or the Authorized Court Lady-Officer.

§28
The Empress' mercy
  1. Every convicted person has the right to appeal for mercy from the Empress of the Womania Empire within 7 days period from the judgment through the Empress' Office
  2. Submitting an appeal for mercy is conditioned by payment of a non-refundable fee according to the Official Womania Empire Price List
  3. Until the decision on mercy is made by the Empress, the sentence is suspended
  4. The Empress is not bound by any time limit for Her decision of mercy
  5. The Empress in appeal for mercy may decide:
    1. comply in full extent
    2. comply partially
    3. reject the appeal
  6. The Empress's decision of the mercy is delivered to the sentenced person and published in the Register of Criminal Records
  7. If the appeal for mercy is fully or partially rejected, the judgment becomes effective immediately
§29
Register of Criminal Records
  1. Register of Criminal Records (hereinafter RCR) is administered by the Empress' Office
  2. Purpose of the RCR is to register and publish accusations, self-indictments, and judgments on publicly accessible web sites of W.E., publishing evidence of punisment executions on convicts, disclosing and publishing further Court cases within the W.E.
  3. Record in the RCR is decisive in any dispute over the criminal history of each Womanian
  4. Each Womanian has right to request the RCR to delete the record of his case, sentence and / or punishment, but not earlier than six months after the date of publication of the relevant material
  5. This request is charged with a non-refundable fee according to the Official Womania Empire Price List
  6. Deleted record is no longer accessible to the public but is archived without time limitation for the needs of the Court or for other W.E. Authorities
  7. All other features concerning the Register of Criminal Records are described in its internal regulations
§30
Final Provisions
  1. This law becomes valid by the date of signature by the Empress of Womania Empire
  2. This law becomes effective by the day of publication on the official website of Womania Empire

PATRICIA I.
Empress of Womania Empire