Law and justice

Courts, sentences and major legislation — the situation in 2018

A concise, clear law, and a rule that applies to everyone: everyone is accountable for their actions, including judges and lawmakers. In the State of Eldoria, a miscarriage of justice is a national disgrace.

Supreme Court

Tavisky

Since 1982

Levels of jurisdiction

Region, appeal, Tavisky

Eviction from a squat

48 h

Upon presentation of proof of ownership

Firearms licence

30 j

Maximum time limit

The sources of law

A 1 000 years of writing

The law of the 7 clans was originally customary and oral. Under Edward II, in 1278, it was set down in writing for the first time. The limited constitution of 1889 established a consultative Parliament. From 1909 to 1929, the parliamentary government unified the law: municipal civil registration (1909), freedom of the press (1911), the Law on the Three Religions (1913), women’s suffrage (1921), the Civil Code (1925), trade union rights (1927), identity cards (1929) — the laws, one by one. The Fundamental Law of 1 October 1971 established the current state. Next come, in order, the laws passed by the National Assembly and promulgated by the Head of State, government decrees, the regulations of the Four Agencies and local council by-laws.

The Eldorian codes are deliberately brief: if citizens cannot read a text, they cannot comply with it.

The courts

Tavisky General Court — supreme court: Last Resort, mandatory confirmation of all death sentences, universal jurisdiction over war crimes. Its Constitutional Chamber, which is separate from the trial chambers, oversees the Fundamental Law: it may annul a law, even one proposed by the government. See also.

Regional courts of appeal — one per region: any judgement may be reviewed there.

Regional courts — first instance, civil and criminal; a single judge for minor cases, 3 judges for criminal offences.

Senior judges are appointed by the Head of State; the others are recruited through competitive examinations and may not be transferred against their will. Military courts only try members of the armed forces for offences committed whilst on duty.

III

Trials and sentences

Warranties

Presumption of innocence; the right to a lawyer from the moment of arrest; police custody for a maximum of 48 hours without a judge; a trial within one year for a misdemeanour and within 2 years for a felony. Ordinary prisons focus on rehabilitation: work, training and qualifications for every prisoner. The high-security prisons at Black Bay and Centre Sept are exempt from this system.

Capital punishment

It is enshrined in the Fundamental Law but remains an exceptional measure: terrorism resulting in death, multiple premeditated murders, and treason in time of war. It requires evidence that leaves no room for doubt — several independent and corroborating pieces of material evidence —, a unanimous decision by the 3 judges and confirmation by the General Court. The execution is never carried out in public; the Head of State may grant a pardon right up until the last moment.

Liability

Miscarriages of justice: a disgrace to the State

When an innocent person has been convicted, the government issues a public apology: the Minister for Justice bows to the victim or their family, in the Japanese style, and the Head of State signs the letter of apology. Compensation is full: compensation for each year lost, lost earnings and expenses incurred. If the error led to an execution, the family receives the highest compensation provided for by law and the error is recorded in the national archives.

Judges are accountable for their judgements

A judge who passes a sentence as a result of gross negligence or who makes a series of errors is brought before the Judicial Accountability Council: a reprimand, suspension, removal from office, and criminal prosecution in the event of wilful misconduct.

Lawmakers are accountable for the laws they pass

The Member of Parliament who drafted a law that has been passed is liable. If the law causes serious harm through carelessness or negligence, an assessment committee may declare that Member ineligible to stand for election for up to 10 years and order them to pay compensation. The Minister who recommended the enactment of the law shares this liability.

The major laws

Fundamental Law, Article 9

Unlawful possession and occupation

Private property is one of the country’s most firmly established rights.

A property or plot of land occupied without authorisation is cleared by the police within 48 hours, upon presentation of proof of ownership; there are no procedural delays or winter moratoriums.
The landlord may also remove the occupants himself, provided he does not use disproportionate force.
The unauthorised occupier is liable for any damage caused and for the occupation, at the market rate of rent.

Fundamental Law, Article 10

Self-defence

Home is a sanctuary.

At home — in one’s house, garden or vehicle whilst occupied — anyone who defends themselves against an intrusion is presumed to be acting in self-defence: they are protecting themselves, their family, their pets and their property without having to prove that their actions were proportionate.
Outside the home, the response must remain proportionate to the attack, as is the case in most European countries.
The presumption is only rebutted if the intruder was already fleeing or if it is proven that it was a trap.

Fundamental Law, Article 11

Weapons

The right to carry a weapon is subject to certain restrictions: it is simpler than in France, but less unrestricted than in the United States.

Licence issued within 30 days at the latest: theory test, shooting test, medical examination and no serious criminal convictions on your record.
The licence covers handguns and long guns; it is renewed every 10 years.
Automatic firearms remain restricted to military use; collectors may possess deactivated models.
Transport is permitted with a licence; the weapon must be in a safe condition in enclosed public places.

High Road Traffic Code, Special Title

Classic cars, including tanks

A collector may drive a vintage military vehicle, including a tank, without a special licence, provided they hold a licence appropriate for the vehicle’s weight.

Weapon deactivated and certified by a licensed gunsmith.
Rubber pads must be fitted to the tracks to prevent damage to the road surface.
Speed limit, specific insurance, declared route for vehicles over 30 tonnes.
Type approval requires an approved technical inspection: the procedure is straightforward, but the safety requirements are not.

Civil Aviation Act

Civil aviation and demilitarised fighter aircraft

With the relevant pilot’s licence, a private individual may fly a decommissioned fighter aircraft.

Guns and missile launchers removed or rendered inoperable; no ammunition on board.
The original radar is permitted, but actively locking onto a civil aircraft for more than 5 seconds is prohibited, so as not to alarm the crews of commercial aircraft.
Transponder switched on at all times; supersonic flight only in designated areas.

Public Health Act

Food, agriculture and hygiene

Everything that is eaten, drunk or used for medical treatment is subject to strict standards, which are monitored by Medical Coordination Agency III.

Full traceability from farm to fork; regular hygiene checks on livestock farms, crops and kitchens.
A dangerous product is withdrawn from the market within 24 hours; misrepresentation regarding quality is a criminal offence.

Fundamental Law, Article 5

Corruption

Bribery of a public official is treated as treason.

Heavy prison sentences and the confiscation of all assets derived from corruption.
Lifelong ineligibility for an elected representative; permanent dismissal for a civil servant or a judge.
The briber is punished in the same way as the person who accepts the bribe.

Fundamental Law, Articles 7 and 8

Freedom of speech, the press and religion

Anyone can criticise the government and its leaders, whether in public, in the press or online.

Only incitement to violence, defamation and the disclosure of a defence secret are punishable offences.
3 religious denominations have enjoyed official and equal status since the 1913 Law on the Three Religions; freedom of worship has been guaranteed for all since 1997.