DeDanaan

Filed by Aine MacDermot

REDUCED LIABILITY FOR offenseS

There are a number of situations in which liability for an offense may be reduced or even cancelled.

ACCIDENTS

Even though usually offenses entail a penalty, there are certain cases where there is no liability for the offender, as the offense happened accidentally. As such, no compensation can be claimed if one gets hurt when getting to close to a working craftsmen, or in any case where the person or thing damaged was knowingly espoused to a dangerous situation. As such, no penalty can be claimed if a person is injured by horses during an “oénach” (feast), or boys injured during play (like hurling).

(A special note for our weapon-training fans: “However, if a boy is injured in the more dangerous ‘fiánchluichi’, “paramilitary games”, such as spearthrowing or hurling rocks, the culprit’s kin must apparently provide sick-maintenance” [KELLY 1988, 151])

Normally, the owner of an animal is responsible for any damage it does, there are however some cases in which this doesn’t apply and the damage is considered being an accident.

IGNORANCE

“Anfis” (ignorance) may halve the penalty for an offense, such as in cases of illegal distraint, or killing a clerical student whose status was not known to the killer. It sometimes may even cancel out any penalty. For instance, a lord eating stolen food in ignorance is not commiting any crime.

Ordinary, if an offense is committed, the injured party must take the appropriate measures against the culprit. If he fails to do so within a fixed period. If not, the case “dies from negligence”, but ignorance of any damage done can expand this time limit.

NEGLIGENCE

Here the legal principle seems to be “an offense commited through negligence entails only restitution” (CIH 2195.12-3). However, in some cases negligence requires more than restitution, e.g. when driving somebody else’s cattle. If an injury or death is caused by negligence, this may halve the penalty.

STRESS OR NECESSITY

A penalty for an offense may be cancelled if it is commited under mental or physical stress. As such, the jealous first wife is legally entitled to inflict injury on her husband’s second wife under certain circumstances (KELLY 1988, 153), but also herbs for an invalid or a morsel of food desired by a pregnant woman can be taken without penalty.

DRUNKENNESS

There is no hint that damage or injury are treated more lenient when commited under drunkenness. However, contracts made when either party was drunk are usually invalid, except for contracts of joint ploughing, clientship or in regard to the law of neighbourship.

INSANITY

Usually his legal guardian is responsible for the deeds of an insane person. However, some things like injuries caused by missiles thrown by an insane person are treated as accidents and therefore no compensation is due.

LIABILITY OF ONLOOKERS AND ACCESSORIES

A person who is witness of an offense may be guilty of “aircsiu” or “forcsiu” (both meaning “looking-on”). There are quite a number of cases where this can happen. Additionally, there are a number of cases where an onlooker may become an accessory to a crime. This entails various penalties, starting with the full penalty for the one who instigates a crime, accompanies the criminal and exults in it when it is done, down to one quarter of the fine for the original crime for somebody looking on but not trying to stop a crime. Of course, everyone trying to stop a crime as well as persons of which was not expected that they could stop it like clergy, women, children and persons of unsound mind would not have to pay any penalties. Additionally, every informer who betrays a criminal undertaking, even though he may himself have been involved, is free from liability.

A person who provides hospitality or protection to a known criminal is also regarded as an accessory.

LIABILITY AFTER DEATH

Usually, a man’s personal offenses die with him and do not pass on to his heirs. However, if a man dies while committing an offense, his heirs are liable to pay the fines for this one offense.

If a man is hostage-surety (aitire), his responsibilities do not pass on to his heirs. However, if he has been paying-surety (ráth), liabilities which he has incurred through his suretyship do pass on to his heirs in the derbfine (KELLY 1988, 157). Such liabilities and debts on a person’s property do not become settled until the fourth generation.

Heirs, however, are not entitled to things loaned out while the owner died.

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