Theoretically the detection and prosecution of almost all crimes is the responsibility of the Baron of the province. Normally he passes this responsibility down to the Emissaries, who in turn pass it down to the Guardsmen. The Guards therefore have the responsibility not only of ensuring all criminals are punished, but of ensuring they are all detected (they aren't, obviously). Again in theory the Guards are supposed to ask permission of the Emissary before undertaking any punishment, though these are generally just rubber stamped (it is a useful way, however, for an Emissary to curb a unit whose fining etc. has got out of hand). Private individuals may also bypass the Guards and bring criminal charges against others, again by securing the cooperation of an Emissary. the merits of all cases, Guards initiated or not, are initially weighed up by a court magistrate (popularly elected) who will decide whether a trial is justified or not. The magistrate's word is usually final, though a Baron has the right to order a magistrate in his province to go ahead with a trial whether he likes it or not. A very small number of prosecutions are carried by the Chancellor's Office, usually of traitors, with the permission of the Barons Estate.
Sliding scale of punishments, depending on situations and crime. Minor crimes - petty theft, disturbing the peace, constant flaunting of curfew laws etc. - are generally dealt with by individual Guardsmen, at the various lock-ups, operating flexible and semi-formal fine-based systems (though officially all have to be recorded, and often checked on). If the accused appeals against the fine, or if the offence is of a more serious nature, the case will go to the Halls of Justice courts. Two to four judges (half of whom are popularly elected), numbers depending on seriousness, make verdicts on cases in the Courts, with every decision having to be unanimous. The normal process of defending & prosecuting lawyers are used in trials, It is fairly common for people to represent themselves in the courtroom as an advocate, though expert lawyers are usually used to prepare a case (n.b. split between advocates who are orators and solicitors(?) who prepare a case). Barons rarely have any full-time prosecutors to represent the Guards-initiated criminal trials, but usually have a list of favoured lawyers who they employ when needed (to be a provincial prosecutor rarely pays as well as private cases, but adds invaluable esteem to a law practice). Unlike the Guards, who are only allowed to impose minor corporal punishment, overnight detention & fixed-limit fines, the Courts may impose lengthy sentences or death, if person is found guilty. Lists of each crime, and the max. & min. punishments to be given for each, must be adhered to, standardised across Dorlaf; the only 4 crimes carrying the possible death penalty are murder, attempted murder, treason, rape, the "Fatal Four". More common punishments are imprisonment & flogging, often used interchangeably, the latter sometimes necessary if there's no room in either of the Cities' 2 prisons, New Reystone & Brighthaven. Flogging is a one-off punishment carried out with regulation birches, generally done privately in rooms in the Thoj but sometimes in Swallow Square if public humiliation is though appropriate (e.g. for conmen). No formal distinction is made between men & women, though they are segregated in different halves of the two prisons. Of these, the New Reystone is the larger, and though also taking in minor felons, also (unlike Brighthaven) is used to incarcerate long-term and political prisoners. Appeals against Court sentences can be made, successively to the Council/Emissary (local to the convicted's residence), the relevant Baron-Elective & finally to the Privy Council.
Capital punishment
This has weaved in and out of the statute books since Christoté began liberalising itself in the 1000's, incorporating all the usual hodgepodge compromises and U-turns you usually get. Up to the 1200's was common for a number of crimes; these were gradually reduced throughout the century, until only murder and rape were left. In 1258 public executions (themselves having come and gone out of favour in the past) were banned from the Cities, only to be re-instated in 1284 due to popular pressure. In the wake of the Labbish invasion treason was re-admitted to the list, then attempted murder a little later, making the current "Fatal Four" which stands today. Executions in the Cities have always taken place in two places, the Tukas Halls of Justice if private, Swallow Square to the rear of the Thoj when public. Where to hold the execution is decided at a felon's trial, after the verdict has been given, though can be reversed by Huwdone House following appeal. An execution is public by default, on the basis of justice being seen to be done, and to set an example to others. However, it can be held inside the Thoj, generally at night, if the felon successfully appeals (usually on the basis of the harm it would do their families), if the trial has been particularly sensational and public order in Swallow Square cannot be maintained, or if the government is up to shady business it doesn't want to become public. The Swallow Square executions are fairly rowdy affairs, with the usual last-speech-of-the-condemned, jeers or shouts for their support from the crowd, ballads telling the "Trewe Story of Their Lives" etc. (see Swallow Square for more). There is generally about one every two months, deliberately held on days not public festivals to try and reduce the crowds. There is only one form of execution, hanging, though sometimes followed by decapitation of the corpse for particularly heinous crimes (the head is nonetheless burned with the body). Up to Garreday seven people have been executed in Swallow Square in 1334, three men (Cane Brasweln for murder, Stefan Misk and Helden Sikkan together, both for rape) and four women (Yrvon Brasweln with her husband, for murder, Calli Tannen and Anjique Meskoti also for murder and Linsey Weave for attempted murder).