Pk Appeal - James von-Erbach Donaldheim

[TheOblivionist]

Character's name & rank: James von-Erbach Donaldheim

SteamID32: STEAM_0:0:232863657

Staff member who issued the PK (if you know): Aurelius of Phoenix

Explain why you were PK'd: I was found guilty in a [kangaroo] court trial and was sentenced to Capital Punishment - Death, the method of death was left to the Prosecution's discretion.

Why should you be un-PK'd?: I believe the following PK guideline was broken by the Presiding Richter, as per the Government PK guidelines: 

Quote

12. The punishment must fit the crime. You cannot sentence someone to death for minor offenses; ie. not saluting [PK]

Based on this court report, I was convicted on three counts of "Attempted Murder in the Second Degree on a Government Official" and "Subversion of State Security," three of which are Class III Felonies and one of which is a Class II Felony. Even with the applicable modifiers, these charges do not become Class I Felonies, which are required to impose Capital Punishment leading to a full-on PK. The maximum sentence I should have received is 4 Life Sentences. The charges I had racked up shouldn't translate to Capital Punishment. Now, at least to my knowledge, Rule 12. would be dependent on the German Penal Code's categorization of charges and the sentencing guidelines put in place. While it does say that the sentences provided are recommended, it's also made very clear albeit indirectly that the Death Penalty can only be imposed through a Class I Felony, hence why it's also called Capital Punishment (reserved for only the most serious crimes which, as I said, would be a Class I Felony). The situation that lead to the Court Trial wasn't even necessarily applicable to the charges I was convicted (I was shot at by NSB-Polizeikommandeur Heyo Groll and gunned him down as a result of the firefight, with one or two agents getting caught in the crossfire.), with Generalinspektor Soros going to GREAT lengths to suppress me through any means possible. 

If not an un-PK, I hope for the sentence to be moved down to a "Life Sentence PK" (as I like to call it) instead to properly fit the PK guidelines, and for my 72-hour life sentence appeal timer to start on the hour of the decision being made. 

Additional Information: I was also originally going to make the PK appeal due to the courts being extremely kangaroo and the judge himself being super incompetent, to where the prosecution kept influencing the judge to revert his motions to their favor, helped the Judge write the court report for the PK to be approved, my evidence not even being logged in the court report (there's even proof of clear favoritism and bias in the court report itself), court procedures just being very messy (even the prosecution admitted it was the "worst trial they ever attended"), and the judge initially submitting an empty court summary when asked to give his court report to staff (I believe rose was the staff member that took the original PK request). I was told, however, that kangaroo court issues were all ic and wouldn't matter for a PK appeal, so I chose to leave information regarding that out of the PK appeal. Nonetheless, I believe that PK's such as these should be conducted by someone competent enough, regardless of whether it's a kangaroo trial or not.

[Aurelius of Phoenix]

Hi I was the Staff member that approved and oversaw this PK, I want to say firstly thank you for using the forums to your ability and making this PK appeal. 
To firstly start with the Kangaroo court aspect in roleplay members who attempt or end up in rigging courts is an IC issue and nothing beyond any use of power or metagame in those instances of them doing that can be punishable or reverted. The only case that something along that is breaking guidelines is if fabricated evidence is presented which was not mentioned whatsoever. On the topic of the Rule you brought up, I think the Context of it has confused you it states 

6 hours ago, TheOblivionist said:

12. The punishment must fit the crime. You cannot sentence someone to death for minor offenses; ie. not saluting [PK]

The punishment must fit the crime and you cannot be sentenced to death for MINOR offenses, meaning that you cannot be sentenced to death for something small, 5 NSB officers made a testimony on you committing a class 4 felony 4 times. The judge had the judgment to sentence you to death for these crimes that you were found guilty of. At the end of the day, the verdict of the judge is his judgment in most cases and not directly off the lawbook. Meaning that just because you're case doesn't meet the classifications of the law book on what you were charged doesn't mean it doesn't fit the crime.

[Coffee]

Denied.

Most of this is simply just Roleplay and an IC issue a Kangroo court or an "incompentent richter" is not really grounds to be unPK'd nor does it go against the server rules.

And as Aurelius said I think you are not understanding the context of PK guideline 12:

The punishment must fit the crime. You cannot sentence someone to death for minor offenses; ie. not saluting [PK]

You were not sentanced to death for a minor offence you were sentanced to death for the following charges:

Attempted Murder On The Second Degree On A Government Official x 3

Subversion of State Security

The punishment fits the crime for this situation.