Crimes and Punishments (TCG)

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Feudal societies are often depicted as having harsh and unfair judicial systems in which the defendant has little or no chance of justice or mercy. In actuality, this is seldom the case. The same codes of honor, duty, and responsibility which pervade the rest of feudal culture also dominate the legal profession. Thus, establishing the truth in a case, either criminal or civil, is considered to be a matter of great importance. A justice takes pride in his work.
There are a few concepts which are important to understand about feudal justice. For one thing, the penalties for those convicted of serious crimes are quite severe. The death penalty is quite common, as is branding, whipping, or even dismemberment. While this is not a pleasant thought, it is the way. things are. On the other hand, penalties are not generally overly cruel. Torture, for example, is almost never employed either to obtain confessions or punish the convicted.
The following is a list of various crimes and the generally administered punishments fro those convicted of them. In some places, the penalties will be more severe, while in others they will be more merciful.
==Violent Crimes==
The crimes, all of which are considered to be the most vile of acts. are all subject to the death penalty. As a rule, any given society will have a standard means of execution which is used for all offenders. Typical measures include hanging, beheading, and burning at the stake.
===Arson===
This is defined as any setting of a fire which causes a loss of life or property. Exception is made for those fires which are accidental, but not those which are purposefully set and get out of hand.
===Conspiracy===
This includes any attempts to make plans against the king or local lord. It includes plotting an assassination, making ready to stage a coup, or (in very strict realms) even making casual remarks about deposing a monarch. As you can see, this class of crime is very open to the whims of the local lord and his justices.
===Desecration===
Most feudal societies hold a great respect for the dead and the places in which they rest. Thus, desecration of a tomb or burial area (a popular pastime with many adventurers!) is ranked among the violent crimes and violators are subject to the death penalty.
===Drawing a Weapon===
There are two ways in which this law is enforced. The first, and more serious of the two, is Drawing a Weapon on Gentility. This includes any threatening use of a weapon against any member of the chivalric, noble, royal, or imperial classes.
The second aspect of the law is intended to protect the common folk from rough treatment at the hands of trained warriors. Anyone who has been trained in fighting and threatens to use their skills against someone without such training is breaking a major tenet of the Chivalric Code. Because it is considered very improper to use superior weapons against a fairly defenseless serf, this is also a death offense.
In both cases, however, self defense is considered to be an excep. tion to the law.
===Espionage===
Technically, this law applies to all persons who act in a covert manner to obtain the secrets of a realm. However, it is seldom used against the spies of one's lords, which are an accepted part of feudal life.
However, the laws against espio. nage are enforced when the crimi. nal is a spy in the payment of a hostile government or other faction. Such persons, when they are captured, are sometimes tried. convicted, and then traded back to their masters for a ransom. I cases where the spy's master holds one of the lord's own men, an exchange is often made.
It is important to note the difference between espionage and treason. Both crimes involve the giving of information to the ene mies of the realm, but they are very different. Espionage refers to citizens of another realm who are sent into a foreign nation as spies. Such individuals are considered to be simply "doing their job" when they act against a rival power.
Treason, on the other hand, refers to citizens of a realm who sell its secrets to a foreign power. Since they are betraying the nation of their birth, their's is by far the more serious crime.
===Major Assault===
This group of laws is a sort of "catch-all" for law breakers who use force in their actions. In short, major assault refers to any use of violence in which the life of the victim may have been in jeopardy. Further, any attack with a weapon of any sort (either an actual or improvised one) falls into this catagory. In short, anything more dramatic than a fist fight is probably going to be major assault.
Of course, there are exceptions. As with many of the other laws, self defense is not a crime.
===Murder===
This crime, often considered the ultimate violation of the law, includes any act which causes a loss of life. It can be applied in matters where criminal intent was involved, but is also used to prosecute per. sons who have caused a death through extreme carelessness. In realms where chivalry is the absolute rule and all citizens (or, at least, all warriors) are expected to act in defense of the weak, this crime can be charged against someone who has failed to act to save another person from death.
===Purjury===
As has been stated, the feudal courts will almost always try very hard to determine actual guilt or innocence before passing sen. tence. One of their most important tools in this quest for knowledge is personal testimony by witnesses. Anyone who provides false or misleading evidence is subject to execution as a perjuror. In addition, anyone who withholds evidence which is vital to the court can also be tried under these laws. Distortion of the facts is also considered to be purjury.
===Rebellion===
One of the most serious crimes in feudal society is that of taking arms against one's lord. In a culture which is built on mutual trust and intricate webs of political and socialties, such a violation of trust is very dangerous indeed. In order to make an example of those who take such drastic action, the means of execution employed on convicted rebels is usually very unpleasant.
===Treason===
The crime of treason is regarded as the lowest act which any criminal can undertake. In many cases, even hardened criminals are loyal to the crown and will turn in traitors to the local constabulary. As described previously. treason is the selling of one's own nation's secrets to a rival power. It is important not to confuse treason with espionage.
==Crimes of Theft==
These crimes are all considered to be of a non-violent nature. In cases where a criminal uses violence in his crimes, he is certain to be tried under one of the violent crimes and executed if convicted.
Unless otherwise noted, the following crimes have a graduated scale of punishment. The first of fense results in 10 to 60 lashes for the criminal. A second conviction results in branding, the loss of a hand, or similar physical marking and 20 to 120 lashes. A third of fense will result in the execution of the criminal.
===Burglary===
Despite its name, this crime does not imply the theft of any object. A person can be charged with bur glary simply for breaking into a home, shop, or other building without permission. In modern terms, this might be taken as breaking and entering.
===Theft===
Any act which deprives another person of their rightful property is considered theft. It can include shop lifting or a clever swindle. In addition to the penalties indicated above, the criminal is expected to return the stolen objects or, if that is not possible, reimburse the owner for their value.
===Minor Assault===
Any act of violence is considered to be at least minor assault. A fist fight or beating is the most common offense, but physical restraint of an individual during a robbery is also considered to be minor assault.
In any case where a weapon is used, however, the crime is elevated to major assault and may well result in the death of the of fender. Only self defense is considered to allow one to use force against another person.
===Poaching===
The crime of poaching is defined as hunting on another's land without permission. As a rule, the severity of the punishment is determined by the success of the poacher. A criminal who sets a few small snares might be treated fairly lightly, while one who brings down a deer might expect to see a severe sentence.
In cases where the land has been set aside for use by the local nobility or is deemed to be the King's Woods, the penalty for poaching is death.
==Business Law==
Crimes of this sort are generally applied to dishonest merchants or traders. As a rule, even dishonest businessmen will not cheat those who live in their town. In a small community, only outsiders will be victimized because the merchant knows he must deal with his neighbors on a regular basis. In larger towns and cities, the merchant may see so many customers in a single day that he can cheat many of them without concern for such matters.
===Breach of Contract===
Contracts in a feudal society are far less exacting than they are in our own world. As a rule, a contract is assumed to include any agreement by two parties, whether verbal or written, which can be verified by a third party. In cases where a third party presents a false accounting of the transaction before a justice, he or she may well be tried as a purjuror.
Once a court rules on a breach of contract, the losing party is expected to live up to their part in the bargain and pay a penalty to the opposing side in the case. This penalty will be determined by the value of the contract and the magnitude of the offender's violation of
it.
===Excessive Debt===
Anyone who is unable to pay their debts to a merchant or tax collector may find themselves. tried for the crime of indebtedness. A conviction in such cases will result in the violator being required to sell off any personal belongings which they have to pay their debts. If they are unable to raise the money they need, they may be ordered into service for a period of time. The length of such service will be determined by the amount of the debt.
===Fraud & Forgery===
These two crimes cover a broad range of violation which include any attempt to obtain money, favors, or the like by false representations or trickery. Possible examples include the use of incorrect scales in weighing goods, use of low grade materials in construction, inept labor, or the outright falsification of a legal document (including coinage). The greater the money involved, the greater the penalty. Persons who are convicted more than once face the possibility of execution. In all cases, a criminal must repay the money lost by his victims (if possible) in addition to the rest of his sentence.