Ransenar Royal Decree VIII
 Palace of Termarth | |
| Subject | Defense and security |
|---|---|
| Decreed by |
Queen Salome I Regent: Ruadh Aldric |
| Extent | Kingdom of Ransenar |
| Royal Assent | 1.VII.1674 AN |
| Commencement | 1.VII.1674 AN |
 | |
RD-VIII, or Ransenari Royal Decree VIII, is the eighth royal decree issued by the Queen of Ransenar, in 1.VII.1674 AN. It was issued from the Palace of Termarth in Goldfield, Ransenar.
This Royal Decree aims to provide for matters concerning martial law in Ransenar, its application, and enforcement, taking into account the need to preserve individual liberties.
Background
Countersignature
RD-VIII was countersigned by the Regent, the Lord High Steward, the Minister of Defense and Security.
Regent and Lord Protector
- Regent Ruadh Aldric
Transitional Government
- Lord Chief Steward Sean O'Callaghan
- Minister of Defense and Security Troy Lyon
Text
WHEREAS in times of existencial threats from the Verionist Republic and from the Crisco Insurgency, and of Verionist designs upon the territories of the Kingdom of Ransenar, We must stipulate necessary matters for declaring, enforcing, lifting, etc. of martial law in Ransenar;ARTICLE I. Types, Declaration, etc. of Martial Law.
1. Material law shall be classified into two types:
- emergency martial law; and
- guarding martial law.
2. Emergency martial law shall be declared by the Lord High Steward, in consultation with the Cabinet, for the purpose of fulfilling a military necessity or maintaining the public security and order when there are belligerency or serious disturbances of social order that considerably impede the performance of the administrative and judicial functions of Her Majesty's Government in time of war, incident or other equivalent national emergencies.
3. Guarding martial law shall be declared by the Lord High Steward, in consultation with the Cabinet, for the purpose of maintaining the public security and order when the social order is so disturbed that civil administrative authorities cannot preserve the public peace in a time of war, incident or other equivalent national emergencies.
4. The Lord High Steward, in consultation with the Cabinet, may change the type and enforcement area of martial law, or the martial law commander.
5. The declaration of martial law or alteration in its nature by the Lord High Steward shall undergo deliberation by the Cabinet.
6. Where any of the causes prescribed in sections 2 and 3 occur, the Minister of Defense and Security may suggest the declaration of martial law to the Lord High Steward.
7. When martial law is declared by the Lord High Steward, he or she shall announce the reason, type, date and enforcement area of the martial law and the martial law commander.
8. When martial law is declared by the Lord High Steward, he or she shall notify the Ransenari Congress thereof without delay. If the Ransenari Congress is out of session, the Lord Chief Steward shall, without delay, request the Ransenari Congress to convene the session.
ARTICLE II. Appointment of Martial Law Commander, Establishment of Martial Law Headquarters, etc.
1. The martial law commander shall be recommended by the Minister of Defense and Security from among general-level officers in active service and appointed by the Lord High Steward after deliberation by the Cabinet.
2. Martial law headquarters shall be established for the martial law commander to conduct affairs concerning martial law. In such cases, the martial law commander shall become the head of martial law headquarters.
3. The martial law commander may establish subordinate martial law headquarters that assist affairs of martial law headquarters.
4. The organization of martial law headquarters shall be prescribed by Royal Decree, Ordinance of the Lord High Steward, or Act of Ransenari Congress.
5. The martial law commander shall be commanded and supervised by the Minister of Defense and Security in enforcing martial law provided that where the whole country is under martial law or when deemed necessary, the Lord High Steward him or herself shall command and supervise the martial law commander.
6. When the martial law commander is commanded and supervised under this Article, matters concerning national policies shall be subject to deliberation by the Cabinet.
7. Once emergency martial law is declared, the martial law commander shall have authority over all the administrative and judicial matters of the area where martial law is declared.
8. Once guarding martial law is declared, the martial law commander shall have authority over the administrative and judicial matters concerning the military of the area where martial law is declared.
9. Both administrative agencies (including those controlling intelligence and security matters; hereinafter the same shall apply) and judicial agencies of the area where martial law is declared shall be commanded and supervised without delay by the martial law commander.
ARTICLE III. Right to Take Special Measures of Martial Law Commander.
1. In the area of emergency martial law, the martial law commander may take special measures, of military necessity, in regard to arrest, detention, seizure, search, residence, moving, speech, the press, assembly, association or collective action. In such cases the martial law commander shall, in advance, announce details of the measures to be taken.
2. In the area of emergency martial law, the martial law commander may act on either mobilization or requisition in accordance with the provisions of Acts, and when deemed necessary, he or she may order an investigation or registration of materials for military use as well as the prohibition of carrying out such materials.
3. In the area of emergency martial law, the martial law commander may destroy or incinerate the property of a citizen when it is inevitable for military operations.
4. Where the martial law commander intends to destroy or incinerate the property of any citizen under section 3 of this Article, he or she shall give prior notice to the administrative agency having jurisdiction over the seat of the relevant property and the owner, occupant or custodian of the said property, of necessary matters, such as the reason therefor, region and objects, or shall announce such matters.
5. For any loss caused under section 3 of this Article, due and just compensation shall be paid provided the foregoing shall not apply if the loss has been caused amid a battle. No compensation shall be made where the property damaged by destruction or incineration is a state-owned property or public owned property.
6. The Minister of Defense and Security shall make public in advance matters necessary for a claim for compensation, such as the period and procedures for a compensation claim, setting a period of at least one AN year.
7. When the Minister of Defense and Security has determined to pay compensation, he or she shall, without delay, give notice on payment of compensation to the person subject to such compensation.
8. The head of the relevant administrative agency shall record the relevant data and keep evidential materials, such as written investigations, written confirmations and photos necessary to reckon the amount of loss caused by destruction or incineration of property.
9. Matters necessary for payment, etc. of compensation, except those provided for in this Decree, shall be prescribed by Royal Decree, or Ordinance of the Lord High Steward.
10. Any compensation for loss under under section 3 of this Article shall be made in cash, except otherwise specified by other Royal Decrees or Ordinances of the Lord High Steward.
11. The computation of the amount of loss shall be based on the tax base and the fair market value as at the time the property was extinguished by destruction or incineration.
12. When the Minister of Defense and Security is unable to pay compensation to any person subject to compensation due to the following cases, he or she shall deposit the relevant compensation in a special bank account held in the Bank of Ransenar, and notify the local courts or its branches having jurisdiction over the place of residence of the person subject to compensation:
- Where the person subject to compensation has refused to receive the compensation;
- Where the person subject to compensation has failed to respond to the notice on compensation payment within the period prescribed by Royal Decree or Ordinance of the Lord High Steward.
13. Right to claim compensation shall lapse by prescription if it is not exercised for five years from the expiry date of the period of public announcement provided that where the person having the right to claim compensation was unaware of the fact of public announcement, computation shall commence from the date when he or she has become aware of the fact thereof.
ARTICLE IV. Jurisdiction of Military Courts under Emergency Martial Law.
1. In the area of emergency martial law, any trial against those who commit one of the following crimes shall be conducted by a military court provided that where necessary, the martial law commander may allow a competent judiciary court to conduct such trial:
- Crimes of insurrection;
- Crimes of foreign invasion;
- Crimes concerning foreign relations;
- Crimes injurious to public peace;
- Crimes concerning explosives;
- Crimes concerning obstruction of the performance of official duties;
- Crimes of arson;
- Crimes concerning currency;
- Crimes of murder;
- Crimes of robbery;
- Crimes prescribed in other Decrees, Ordinances, Acts, and subordinate statutes established for military necessity.
2. Where no judiciary court exists in the area of emergency martial law or communication with the competent judiciary court are cut off, all criminal cases shall be tried in military courts.
ARTICLE IV. Lifting of Martial Law.
1. Where the situations of martial law under sections 2 and 3 of Article 1 return to normal or if requested by the Ransenari Congress, the lifting of martial law shall be done without delay by the Lord High Steward who shall announce it.
2. Where the Lord High Steward intends to lift martial law pursuant to section 1 of this Article, he or she shall refer it to the Cabinet for deliberation.
3. The Minister of Defense and Security may recommend the Lord High Steward to lift martial law when the situations of martial law under sections 2 and 3 of Article 1 have returned to normal.
4. All administrative and judicial affairs shall return to normal on and after the date when martial law is lifted.
5. Once emergency martial law is lifted, all the pending cases in military courts during the enforcement of emergency martial law shall be transferred to the jurisdiction of judiciary courts provided that where the Lord High Steward deems it necessary, the jurisdiction of military courts may be extended within the limit of one AN month.
ARTICLE V. Privilege of Freedom from Arrest of Members of the Ransenari Congress.
During the enforcement of martial law, no member of the Ransenari Congress shall be arrested or detained unless he or she is flagrante delicto.
ARTICLE VI. Penal Provisions.
1. Any person who has received compensation under this Royal Decree by any deceit or other unjustifiable means, or any person who has paid compensation knowing the fact thereof shall be punished by imprisonment with prison labor for not exceeding five years, or with a fine.
2. The person who violates or fails to comply with any order given by the martial law commander or the measures taken by the martial law commander under this Decree shall be punished by imprisonment with prison labor for not exceeding three years.
3. Imprisonment with prison labor and a fine may be concurrently sentenced.
Given at Termarth Palace this 1st day of the VIIIth month of the year 1674 AN.
GOD SAVE THE QUEEN!
See Also
| Preceded by: RD-VII |
Royal Decrees of the Kingdom of Ransenar Series 1 |
Succeeded by RD-IX |
