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Statute

§4.2 - Procedures for Investigation and Formal Indictment

Initiation of Investigation

(a) Investigations into suspected criminal activity shall be initiated only upon:

  • (i) Formal complaint submitted to the Warden, Magister, or any Councilor;

  • (ii) Direct observation by peace officers or magical authorities of an apparent offense;

  • (iii) Council resolution or triadic order issued under §2.5.9.

(b) Upon receipt of credible evidence, a Judicial Triad shall be convened—composed of the Warden, Magister, and one rotating Councilor—to determine:

  • (i) Whether sufficient grounds exist to proceed;

  • (ii) The appropriate classification of the alleged offense under §4.1.

(c) No arrest, detainment, or magical restraint shall occur absent triadic review, except in exigent circumstances involving direct threat to life, magical breach, or public safety.


§4.2.2 – Investigative Authority and Limitations

(a) Upon triadic authorization, designated investigators (peace officers, arcane inspectors, or tribunal agents) may:

  • (i) Question witnesses and examine relevant locations;

  • (ii) Retrieve physical, magical, or testimonial evidence;

  • (iii) Conduct arcane detection or divination with the Magister’s approval.

(b) Searches of private dwellings, sanctified spaces, or magically warded zones require a Writ of Entry signed by two members of the triad.

(c) The use of enchantment, telepathy, or spiritual interrogation is prohibited unless:

  • (i) Approved unanimously by the triad;

  • (ii) Performed in the presence of all parties and recorded for tribunal review.


§4.2.3 – Detention During Investigation

(a) Temporary detainment is permissible under triadic authorization when:

  • (i) There exists credible threat of further offense, flight, or magical interference;

  • (ii) A suspect refuses to cooperate with lawful investigative procedures.

(b) Detainment shall not exceed seventy-two (72) hours without formal indictment or tribunal order.

(c) All detained persons must be informed of the reason for detainment, allowed access to counsel, and examined by a licensed healer or arcane evaluator within twenty-four (24) hours.


§4.2.4 – Evidence and Admissibility

(a) Evidence shall include:

  • (i) Physical objects, records, and documents;

  • (ii) Witness testimony, provided under oath or magical verification;

  • (iii) Magical traces, leyline echoes, or residual enchantments verifiable by the Magister’s office.

(b) Any evidence acquired through unlawful enchantment, duress, or magical compulsion is inadmissible and grounds for triadic review.

(c) Extraplanar testimony or binding pacts must be submitted with contextual translation, spiritual confirmation, and verification by an accredited arcane intermediary.


§4.2.5 – Issuance of Indictment

(a) Upon conclusion of preliminary investigation, the Judicial Triad shall convene to determine whether to issue a formal indictment.

(b) The indictment shall include:

  • (i) Full name and magical designation of the accused;

  • (ii) Precise charges, including classification under §4.1;

  • (iii) Summary of evidence and proposed mode of trial under §4.4;

  • (iv) Recommended precautions (e.g., binding, confinement, magical suppression).

(c) Indictments require approval by at least two (2) of the three triad members and must be entered into the Civic Register within twenty-four (24) hours of issuance.


§4.2.6 – Arraignment and Pre-Trial Proceedings

(a) A preliminary hearing shall be held within seven (7) days of indictment to:

  • (i) Present charges to the accused;

  • (ii) Determine fitness for trial and magical competency;

  • (iii) Establish conditions of release or continued detainment.

(b) Pre-trial conditions may include:

  • (i) House arrest, arcane suppression, or scrying marks;

  • (ii) Magical binding or travel restriction, enforced by the Warden’s guard;

  • (iii) Required submission to regular inspection or tribunal check-in.

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