From what I understand, - and please, do correct me if I'm wrong, I'm new to Ars Magica as a whole - trials involving crime and punishment happen during the Regional or Grand Tribunals, depending on severity and jurisdiction and whatnot. Quaesitores can also arbitrate on private matters if requested, often resolving the dispute by mutual agreement, which is legally binding.
I can understand how this applies to certain disputes, where a compromise between two parties can be arranged, but how does the Order deal with things such as murder and theft between magi?
For example, let's say a magus steals lab notes from another. Let's assume that they don't want to/can't call for Wizard's War - maybe they don't even know who's the culprit!. The victim requests a Quaesitor, who will then investigate to determine who has stolen the notes. He gathers evidence and presents a case. Can this case only be resolved by decision at the Regional Tribunal? But these only happen every seven years... So the thief can go scot-free for a few years before even getting judged, which would allow them to flee or hide, no? Or is this accounted for? Perhaps the Quaesitores have authority to issue punishment by themselves, without need for a Tribunal?
Really? That's a bit disappointing... I'm thinking of implementing a "little tribunal" in my future games, where a Quaesitor can call for a session with at least 12 local magi to arbitrate on these less important crimes. I really like the whole concept of wizard tribunals but I don't want to up the scale of my troupe's exploits too much just yet.
Most of the times crimes and disputes are either settled in private (often under the guidance of a Quaesitor) or a Quaesitor, after an initial hearing, makes an immediate ruling.
For such a pre-trial settlement, both parties have to agree to it.
Only if it is unusually serious, or if either party insists on a public trial, will the case end up at the Tribunal.
In really extreme cases a Quaesitor can call an immediate Wizard's March under their own authority - but this will then have to be ratified at the next Tribunal.
The difficulty for moderns understanding Hermetic Crimes, is that there is no crown or state court. Therefore, all disputes are, in effect, like private lawsuits. Things that would be considered criminal need some overarching "state" authority to enforce. Without "state," "king," or "noble" to enforce executive power, it comes down to lawsuits between private individuals.
In a situation without executive power, the trials are by the same organization that makes laws, the general assembly. Quasitors are there to investigate, and minimize blood feuds (under the Code). If their investigation produces a finding, then they can arbitrate. Otherwise, Wizards Wars will be declared.
Doesn't this prevent crimes such as theft from being punished outside of Regional Tribunal? As a thief may never agree to any settlement - they may not even admit guilt to begin with.
Can a Quaesitor also call for other punishments - fines, damages, etc?
If the defendant doesn't want any kind of settlement, the case will go to Tribunal.
This can indeed be several years after the purported crime happened.
Most of the time, the magi attending the Tribunal meeting will not like to have their time wasted, so very often any punishment decided by the tribunal will be harsher than whatever the proposed settlement would have been.
A Quaesitor is primarily an investigator and legal expert - not a judge.
Other than being able to call a Wizard's March in an emergency, they have no power to force any punishement on the defendant. Only the Tribunal can do so.
In all honesty it will depend on the tribunal, which in effect means its up to how your group wants it handled. You can have a tribunal where a Quaesitor calls for a mini tribunal to hear evidence, you can have a tribunal where Quaesitors are the medieval equivalent of Judge Dread, or where vigilante justice prevails.
The Peripheral Code for each tribunal is intentially vague, so you can certainly implement that for your game if it helps with the stories you want to tell. It's something that would make sense for the more orderly, established tribunals of course -- unlikely in unquorate Stonehenge or frontier Novgorod, but seems the sort of thing Thebes or Transylvania would have in place.
