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Radestrian criminal law (Radestrian: dai stjátenișe a rredeșeșe) is the set of laws in Radestria regarding offences punishable by the state, as outlined in the Stjásdraus, the Radestrian penal code (SD).
The Law (A Dai)
- A Fvans irá Daist hjeaș hvolta stjásurrut.
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- The State cannot punish without the Law.
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- Des ir stjásdest anerșeș daist hjeaș hvolta stjásurruruot.
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- An act cannot be punished without a law defining the criminal offence.
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- Stjásdes hai rívug-aș, vasta gjeș stjásurru a Fvans.
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- A criminal offence is a type of offence punishable by the State.
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- Ag anerguoks ‚stjásdes’ voí rívud ryetsișt hvoltș aniest, vasta gjeș-te hvoltș strjácat.
- Byva rívuis ryetsiș hjeaș, ýeș storíd stjásdesis anies, antí vais gjeș orișe slie strjácatúr aneruot, lz. a rmítuozs.
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- The term ‘criminal offence’ can only refer to a triable offence for which one can be convicted.
- Some offences are not triable as they refer to groups of criminal offences, from which one must be determined in order to convict, e.g. homicide.
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- Rnímía a stjásnevjeșe hai stjásdisk-aș, vara gjeș rnímiest lièr, vast gjeș
- valzdiruozs tvievu uð
- valzdiruozs stâvu údaișk
vasies.
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- An aggravated offence (lit. ‘criminal violence’) is a type of criminal offence involving violence, which
- the use of a weapon or
- the use of unlawful force
constitute.
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Imprisonment (Stjásne dzestuișenjeșe)
Fines (Stjásne larbâsișe)
| § 2 | Stjásdes svíma dzelișt rívus-aș, vara gjeș dzelíða ociest amer.
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| “An offence against the person is a crime that causes harm to an individual.” |
| § 2a | Ag anerguoks ‚dzelieþs’ ha devuzg as stjásdisk așe lyeșt jáș.
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| “The term ‘individual’ is understood to be a human being different to the perpetrator of the crime.” |
Elements (Hņíre)
| § 3 | Ádeș dzelez̦buokșa stjásdes svíma dzelișt anertúr, gjeș ljere helișe hņies hvolt ledøbruot, vara gje a vaca, ag yșuozs ar, ýeș vaciș, a váme.
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| “Where the specific crime against the person is to be determined, there are three main elements that can be established, which are fatality, intent and, if fatal, will.” |
Fatality (Vaca)
| § 3a | Stjásdes, vara gjeș hárș vacest amer, stjásdes vacișe vaș.
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| “A criminal offence which causes the death of another person is a fatal offence.” |
| § 3b | Stjásdes, vara gjeș vámúk dzelíða ociest amer deruvivú, yșúzúr derúș.
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| “A criminal offence which wantonly causes harm to an individual when it is committed, is committed with intent.” |
| § 3c | Stjásdes vacișe, vara gjeș yșúzúr hastad rmietúr derú, vara gjeș an vincisk vasírask a stjásdisișk stalg, vámivúr derúș.
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| “A fatal offence which is committed with the intention to kill another that has persisted from the start of the criminal context, is committed with will.” |
When determining the triable fatal offence, the element of váme (“will”) is distinguished from yșuozs (“intent”).
These are not to be confused as both referring to death:
the terms are abbreviations of váme vacișe (“deadly will”) and yșuozs ocieșe (“harmful intent”), respectively.
Therefore, váme cannot apply to non-fatal offences.
The element of váme is also not to be confused with deadly intent (yșuozs vacișe), which is not an official element but informs deadly will, depending on how long it has been established to exist.
Where váme is not established, deadly intent may still develop and is then covered by yșuozs (harmful intent).
Deadly will (váme) is established if deadly intent is present when the context of the homicide begins.
While a context can begin without deadly will (váme), deadly intent can still develop during the context of the homicide, but it is the beginning of the context which defines váme.
It is also worth noting that this does not mean that non-fatal harmful intent (yșuozs úvacișe) cannot exist prior to the context. It must only be established not to be deadly intent at the start of the context to be without váme, after which deadly intent may then arise during the context itself.
| § 4 | Vasíras stjásdisk vacișk veaș, vâzș gjeș a rmítuozs hņienjí kjezlí raș devúk hvolt rjetruot, o sje a rmítúza arálș.
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| “The context of a fatal offence begins when the homicide can physically occur as it was committed, and ends with the homicide.” |
The vasíras (“context”) of a homicide refers to the continuous time frame from the victim entering the locality in which they are now physically vulnerable to the homicide in the manner in which it was committed, up to the homicide itself.
This can vary depending on the manner of the homicide.
For instance, for the offence of assassination, the context might be considered to begin when the victim first makes themselves known in the perpetrator’s line of sight. On the other hand, a context may begin when the victim enters a room with the perpetrator in it, or even only when the two first start a conversation.
Typically, the exact start of the context is not that relevant, as it serves mainly as a vague reference point to determine whether the perpetrator entered the context with deadly will, and so should be charged with murder.
However, cases involving provocation or a loss of self-control can rely on precise definition of the start of the context.
What is important is that the victim does not leave physical vulnerability of homicide, as the context of the homicide relies on uninterrupted vulnerability.
If interrupted, it is ‘reset’ to only include the time since the last beginning of physical vulnerability.
For example, if the victim provokes the perpetrator and then leaves, if the perpetrator kills the victim later on in another locality, the perpetrator is liable for murder.
| § 5 | Stjásdes svíma dzelișt, vara gjeș vârș vacisk hje amerta, stjásdes úvacișe vaș.
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| “A crime against the person which does not cause their death is a non-fatal offence.” |
| § 5a | Stjásdes úvacișe ociest asílișt uð ljastișt hvoltș ert.
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| “A non-fatal offence can result in instantaneous or durational harm.” |
