17th Declaration of Senate: Crime against the Person

Senate Declares that the capital crime of murder is defined as the intentional killing of any person by a civilian, or the intentional killing without due orders of any person by a soldier. Senate further Declares that the estate of a Murder victim may claim punitive damages against the murderer.

Senate Declares that where a person is killed, and even though the intention was not to kill, it is judged that death could reasonably be expected from the actual intended actions, the crime is defined as Culpable Homicide. A case of Culpable Homicide must be heard by an Imperial Judge, who may rule that the case is Capital, or may place the guilty party into life slavery, or a lesser penalty if he so desires. Damages may be claimed against the criminal by the estate of the deceased.

Senate Declares that if a person is killed by accident, then the crime is Manslaughter. If the accident occurred as a result of negligence on the part of a person or persons who was not the victim, then a crime of Culpable Manslaughter has taken place. An Imperial Judge shall decide the levels of penalties and damages to be paid by the guilty. If the accident was not the fault of any person other than the victim, or no fault can be ascribed, then no crime has taken place.

Senate Declares that it is a crime of assault for any civilian person to intentionally injure or wound any free person in any way, or for any soldier without due orders to intentionally injure or wound any free person in any way. The civilian penalty for this crime to be a period of slavery, and the payment of damages. The military penalty to be subject to the military authorities. If a free person is injured or wounded without intention, then no crime has taken place, but damages may be sought through the courts.

Where wounding or injury takes place as part of a rape, then a crime of assault also is Declared to take place.

Where a slave is injured or wounded, the 2nd Declaration, 1st amendment applies.

© Tim Hart 2003
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