Judicial Cooperation Treaty between the Councils of Somerset and Sussex
Law is the guiding hand of society. As such, the council representing the people of Somerset and the council representing the people of Sussex wish to express their friendship by establishing a judicial treaty binding the citizens of Somerset and Sussex to a relationship of mutual cooperation and interaction.
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 citizen accused in one or both jurisdictions shall be judged by the laws and customs where the offense was committed.
3. The laws of the territory must be published in a visible location for its citizens. Ignorance of published, visible laws is no excuse for violations of law
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 jurisdictions in order that the defendant receive a judgment he would have received if he hadn't fled. The accused has the right to a defense council of their choice.
2. The procedure will be the following :
a) Indictment on demand by the territory holding jurisdiction over the crime committed. Requesting prosecutor will write the bill of indictment. This will be sent to the judicial authorities and the Count(ess) of the area where the accused has fled.
b) The Judge will notify the Count(ess) and the two Public Prosecutors of acceptance of the case within 48 hours of receiving the bill of indictment Proof of Evidence against the accused will be required from the requesting prosecutor to the responding prosecutor prior to posting of any indictment.
c) The whole procedure is under the primary jurisdiction of the requesting authority. The Local responding Judge will write the sentence, but will show motives of his decision following the law of the requesting prosecutor's legal corpus.
d) Collaboration is required between juridical authorities from both governments in order to keep the laws of both the requesting and responding authorities respectively.
3. Appeals are handled by the requesting jurisdiction's appeals court.
1. Elected councils and their 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 Duke's Inn. Copies should be posted in the Embassies as well
4. Cancellation won't stop procedures already in progress between either party 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 this day, 23 May 1457, by His Grace, Viceroy, the Count of Sussex, on behalf of the Sussex Council.