The criminal procedure for piracy law.

The criminal procedure for piracy law.

If the society that caught the pirate recognized fair trial rights, the prosecution would have proven its case. Here, the prosecution should prove that the accused is guilty of piracy. A strong prima facia case of piracy is made if it turns out that an individual is a crew member who either committed a pirated act or intends to commit a pirate act. If the accused was originally an individual, they would usually need to prove that he violated the terms of his letter of appreciation. The defense would attempt to disprove the evidence presented to prove the prima facia case. In response to such a case, pirates had at their disposal a number of legal defense. For example, an alleged pirate can be freed, if shown, he showed that he performed his service for the pirate crew only based on compulsion. An alleged pirate would also be released because he could show lack of sufficient intent. Defense included effective acceptance of the forgiveness of the king and the use of priests. Finally; perhaps the most unique pirate defense. For women's pirates, they bore their stomachs.

If an individual was served pirates simply because he was in coercion, even consciously acting, these individuals considered acts as involuntary. An individual is never responsible for involuntary actions. This defense is not theoretical pirates sometimes put in service vessels from trapped ships. There are two types of tough physical force and legal compulsion. Physical fatigue is where someone is forced by someone else to practice for fear that unless he or someone else will be subjected to immediate physical injury or death in retaliation in order not to achieve the desired activity. While an alleged pirate would be relieved of his actions was motivated by physical compulsion. The fact that a person could theoretically be subjected to physical violence if he did not commit a criminal act, such as piracy, is not enough if his motive for the piracy case was anything but fear for physical retaliation. This would happen if an alleged pirate acted for the marriages of the other pirates or for a part of the tax, although there are other consequences for not acting. Similarly, if a person's motive changes over the course from coercion to another factor, he is guilty of piracy for actions made after his motives are changed.

In addition to physical hardness, there is also legal compulsion. Legal force is where a person is motivated to act not for fear of physical harm but for fear of legal consequences of breaking the law. Admiralty laws nominally hold disobedience their captain orders are illegal. The law generally acknowledged that if a sailor broke the law to obey orders he would not be guilty. The legal risk that he could potentially face in order not to obey the order made his violation of the law involuntary. While this rule may apply to most seamen, a pirate can not assert the legal compulsion as an excuse to follow his captains orders to commit a crime. This is because the pirate has no legal right to follow his order orders. This is because the captains' authority is based on an illegal and thus unrecognized agreement that a group will combine under the leadership of the captains commits piracy. However, an alleged pirate may claim legal compulsion as a defense if piracy occurred on what was originally a privatizing mission. This circumstance would occur if the seaman was privatized but on these assignments in order to commit pirate acts. Since the mission had started as a legal assignment, the crew member would be nominally bound to the orders of his commander and would thus feel legally obliged to follow orders even if the orders were illegal. But as a physical compulsive law, an alleged piracy of legally compelling would just be an adequate defense if fear of legal obligation is what actually forced him to commit illegal act.

For both physical and legal force, forcedness must motivate the pirate action if it is to be a defense.

To determine the compulsion, the true motive was, the pirate court realized that they were difficult equipped to read people's heart and mind. They therefore developed an objective test. When judging the coercion of responsibility as the alleged pirate motive, the courts would look into whether he accepted the bad prices. The courts saw the receipt of some pirate money, which was reserved for members of the pirate crew. By accepting sharing the pirates, an individual agrees that he wanted to be part of the pirate crew or at least to reap the benefits of being a pirate. If a person earned himself as a pirate or accept pirate treasures, that would be his motive, and he could not be regarded as coercive.

Piracy like all other fields had applicable laws. Some of these laws punished piracy other legally legalized piracy. But everyone tried to settle in something that basically lacks order.


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