[Discussion] Judicial treaty with Augsburg

We got an offer of judicial treaty with Augsburg.

I open it for discussion:

Quote :

In their almighty wisdom, the Lords __________, Duke of Somerset, and Schnippel, Duke of Augsburg, wished to express their friendship by establishing a judicial treaty binding the citizens of Somerset and Augsburg to preserve that friendship over years.

Article I
1. Upon the signing of this Judicial treaty, the contracting parties agree that no one should flee from legal proceedings or attempt escape from his/her Duke's authority on his/her lands.
2. A person accused in one or both counties shall be judged by the laws and customs where the offence was committed.

Article II
1. If an accused person flees from a territory allied by this treaty in an attempt to flee justice, he will be either extradited or judged, by mutual agreement by duly appointed judicial authorities upon who's lands he was arrested. Concerning the mutual agreement, it implies a full cooperation between prosecutors and judges from both countries in order that the defendant receive a judgment he would have received if he hadn't fled. The accused should also be provided a competent defence council by the Country in which he was arrested.
2. The procedure will be the following :
- Indictment on demand by the Duchy holding jurisdiction over the crime committed. Requesting Duchy prosecutor will write the bill of indictment. Proof of Evidence against the accused will be required from the Requesting Duchy to the responding Duchy prior to posting of any indictment.
- The whole procedure is under the primary jurisdiction of the requesting Duchy. The Local responding Judge will write the sentence, but will show motives of his decision following the law of the requesting Duchy.
- Collaboration is required between juridical authorities from both duchies in order to keep the laws of both the requesting and responding Duchies respected

Article III
1. The justice representatives (Policelieutenant, Policesergant, Commander, Public Prosecutor, Judge) work together to create a common justiceindex.
2. Every delict committed, if it was committed before on the territory of the contracting party, could be prosecuted as a backslide.

Article IV
1. The high contracting parties accept the freindship between our counties. This will last so long the counites respekt the duty to their king and/or emperor.
2. This contract does not establish a duty of common defence.

Article V
1. Lords, their heirs, and successors are contractually obligated to respect the entire treaty. Disregard of any clause(s) within this treaty frees the other party of his commitment until a compensation is made/or agreements can be reached.
2. An unilateral cancellation of present treaty in a peacetime context should respect the following order, otherwise, it would be assumed as a hostile act and could lead to a response by the offended party.
3. To Cancel: A mail from the Duke will be sent to the other Duke, then an official and formal declaration will be published in the other Duchy's Inn. Copies have to be posted in the Embassies as well
4. Cancellation won't stop procedures already in progress between either Duchy and will continue until judgment is rendered.
5. Any unilateral cancellation in a war situation will be assumed as a treasonous act and could lead to full retaliation
6. A full or partial rewriting of the treaty or even its cancellation can be decided by mutual consent.

Signed at (location) on (date)

In the name of Somerset Duchy:
In the name of Augsburg Duchy:

They added these two articles to our template judicial treaty :

Quote :

Article III
1. The justice representatives (Policelieutenant, Policesergant, Commander, Public Prosecutor, Judge) work together to create a common justiceindex.
2. Every delict committed, if it was committed before on the territory of the contracting party, could be prosecuted as a backslide.

Article IV
1. The high contracting parties accept the freindship between our counties. This will last so long the counites respekt the duty to their king and/or emperor.
2. This contract does not establish a duty of common defence.

Need a few corrections in terms of grammar and such overall. Point 2 of Article III sounds like a very odd translation.

Ok got time to correct :
I am not sure of Section 2 of Article III, so I left it out for now and have asked Eremias for a clarification on that ..

Quote :

Article III
1. The justice representatives (Public Prosecutor, Judge, Constable, Police lieutenant, Police sergeant and other posts if they apply) work together to create a common judicial index.

Article IV
1. The high contracting parties accept the freindship between our counties. This will last so long the counties/duchies be respectful and dutiful to their king and/or emperor.
2. This contract does not establish a pact of mutual defence.

Final draft :

Quote :

In their almighty wisdom, the Lords Hypno, Duke of Somerset, and Schnippel, Duke of Augsburg, wished to express their friendship by establishing a judicial treaty binding the citizens of Somerset and Augsburg to preserve that friendship over years.

Article I
1. Upon the signing of this Judicial treaty, the contracting parties agree that no one should flee from legal proceedings or attempt escape from his/her Duke's authority on his/her lands.
2. A person accused in one or both counties shall be judged by the laws and customs where the offence was committed.

Article II
1. If an accused person flees from a territory allied by this treaty in an attempt to flee justice, he will be either extradited or judged, by mutual agreement by duly appointed judicial authorities upon who's lands he was arrested. Concerning the mutual agreement, it implies a full cooperation between prosecutors and judges from both countries in order that the defendant receive a judgment he would have received if he hadn't fled. The accused should also be provided a competent defence council by the Country in which he was arrested.
2. The procedure will be the following :
- Indictment on demand by the Duchy holding jurisdiction over the crime committed. Requesting Duchy prosecutor will write the bill of indictment. Proof of Evidence against the accused will be required from the Requesting Duchy to the responding Duchy prior to posting of any indictment.
- The whole procedure is under the primary jurisdiction of the requesting Duchy. The Local responding Judge will write the sentence, but will show motives of his decision following the law of the requesting Duchy.
- Collaboration is required between juridical authorities from both duchies in order to keep the laws of both the requesting and responding Duchies respected

Article III
1. The justice representatives (Public Prosecutor, Judge, Constable, Police lieutenant, Police sergeant and other posts if they apply) work together to create a common judicial index.
2. Any offense that was committed previously by a defendant on the territory of one of the contracting parties can be considered as grounds for the application of more severe punishment.

Article IV
1. The high contracting parties accept the freindship between our counties. This will last so long the counties/duchies be respectful and dutiful to their king and/or emperor.
2. This contract does not establish a pact of mutual defence

Article V
1. Lords, their heirs, and successors are contractually obligated to respect the entire treaty. Disregard of any clause(s) within this treaty frees the other party of his commitment until a compensation is made/or agreements can be reached.
2. An unilateral cancellation of present treaty in a peacetime context should respect the following order, otherwise, it would be assumed as a hostile act and could lead to a response by the offended party.
3. To Cancel: A mail from the Duke will be sent to the other Duke, then an official and formal declaration will be published in the other Duchy's Inn. Copies have to be posted in the Embassies as well
4. Cancellation won't stop procedures already in progress between either Duchy and will continue until judgment is rendered.
5. Any unilateral cancellation in a war situation will be assumed as a treasonous act and could lead to full retaliation
6. A full or partial rewriting of the treaty or even its cancellation can be decided by mutual consent.

Signed at (location) on (date)

In the name of Somerset Duchy:
In the name of Augsburg Duchy:

Any thoughts?

sajanzv wrote:

Final draft :

Quote :

In their almighty wisdom, the Lords Hypno, Duke of Somerset, and Schnippel, Duke of Augsburg, wish to express their friendship by establishing a judicial treaty binding the citizens of Somerset and Augsburg to preserve that friendship over years.

Article I
1. Upon the signing of this Judicial treaty, the contracting parties agree that no one should flee from legal proceedings or attempt escape from his/her Duke's authority on his/her lands.
2. A person accused in one or both counties shall be judged by the laws and customs of the county where the offence was committed.

Article II
1. If an accused person flees from a territory allied by this treaty in an attempt to flee justice, he will be either extradited or judged, by mutual agreement, by duly appointed judicial authorities upon whose lands he was arrested. Concerning the mutual agreement, it implies a full cooperation between prosecutors and judges from both counties in order that the defendant receive a judgment he would have received if he hadn't fled. The accused should also be provided a competent defence council by the Duchy in which he was arrested.
2. The procedure will be the following :
- Indictment on demand by the Duchy holding jurisdiction over the crime committed. Requesting Duchy prosecutor will write the bill of indictment. Proof of Evidence against the accused will be required from the Requesting Duchy to the responding Duchy prior to posting of any indictment.
- The whole procedure is under the primary jurisdiction of the requesting Duchy. The Local responding Judge will write the sentence, but will show motives of his decision following the law of the requesting Duchy.
- Collaboration is required between judicial authorities from both duchies in order to keep the laws of both the requesting and responding Duchies respected

Article III
1. The justice representatives (Public Prosecutor, Judge, Constable, Police lieutenant, Police sergeant and other posts if they apply) work together to create a common judicial index.
2. Any offense that was committed previously by a defendant on the territory of one of the contracting parties can be considered as grounds for the application of more severe punishment.

Article IV
1. The high contracting parties accept the friendship between our counties. This will last so long the counties/duchies be respectful and dutiful to their king and/or emperor.
2. This contract does not establish a pact of mutual defence

Article V
1. Lords, their heirs, and successors are contractually obligated to respect the entire treaty. Disregard of any clause(s) within this treaty frees the other party of his commitment until a compensation is made/or agreements can be reached.
2. An unilateral cancellation of present treaty in a peacetime context should respect the following order, otherwise, it would be assumed as a hostile act and could lead to a response by the offended party.
3. To Cancel: A mail from the Duke will be sent to the other Duke, then an official and formal declaration will be published in the other Duchy's Inn. Copies have to be posted in the Embassies as well
4. Cancellation won't stop procedures already in progress between either Duchy and will continue until judgment is rendered.
5. Any unilateral cancellation in a war situation will be assumed as a treasonous act and could lead to full retaliation
6. A full or partial rewriting of the treaty or even its cancellation can be decided by mutual consent.

Signed at (location) on (date)

In the name of Somerset Duchy:
In the name of Augsburg Duchy:

I made a couple of spelling and minor grammatical changes to this draft. I would like to know, though, what is meant by "a common judicial index" (Art. III, Para. 1).

Basically both counties will establish an archive of past cases that they can refer to each other, maintain a list of known criminals, etc. And then we share it with them and vice versa

sajanzv wrote:

Basically both counties will establish an archive of past cases that they can refer to each other, maintain a list of known criminals, etc. And then we share it with them and vice versa

That is a good idea. It is how things are done irl