Theories of Causation : Theory of Equivalence of Conditions

Posted by Bernard Shaffer | July 30th, 2010 in The Objective Imputation Theory | No Comments »

This Article part of The Objective Imputation Theory in Criminal Law Series

Among the theories of causation that more importance have, we have the following:
v Theory of equivalence of conditions.
v Individualizing theories.
v Theory of adequacy.
v Theory of adequate causation.
v Relevant theory of causation.
v Theory the ban back.
v Theory of causation.

The following explains the main features of each of the theories mentioned above.

Theory of equivalence of conditions

The theory of the equivalence of conditions is becoming known in Germany from 1843, with Stuart Mall Years later the theory is developed by Von Buri in 1873. Von Buri understand that not only the sum of a variety of elements is cause of a phenomenon, but also each of these forces individually considered in turn causes an outcome. (Reyes Alvarado, op.cit, p.41). The doctrine of the time came to explain that all conditions for the production of an outcome is both the cause of it, so any condition is equivalent to a cause and then comes, just the name of the theory. (Vargas Gonzalez et al, 1998, p.34). Read the rest of this entry »

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The Objective Imputation Theory in Criminal Law : Types of Causation

Posted by Bernard Shaffer | July 27th, 2010 in The Objective Imputation Theory | No Comments »

In most cases, the existence of causation is not problematic. If A throws a stone vase intentionally against B and destroys it, there is no doubt that the operations of A (throwing the stone) and the typical result (intentional destruction of the vase of B), there is a causal link.

However, there are several types of causality that can present problems:

- Causation alternative: Several independent conditions acting together, each one of them sufficient to produce the result. All of them are effective while for the result. For example: A and B independently give each other, one dose of deadly poison that acts the same time. Read the rest of this entry »

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The Objective Imputation Theory in Criminal Law : Causality

Posted by Bernard Shaffer | July 24th, 2010 in The Objective Imputation Theory | No Comments »

Causality

The principle that causes all remains a result is called the principle of causality and the link that connects the cause and the result is called causality.

To attribute a result to a specific behavior, is required to establish firstly, if between this action and this outcome there is a causal link from a natural perspective, however, has not yet solved the problem, it is also necessary determine that the natural link of interest to criminal law< /a>. However, that case is to formulate a legal opinion, also known as imputation trial objective. Checking the existence of causation is the first step of objective imputation. (Berdugo, 2002, p. 196). Read the rest of this entry »

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The Objective Imputation Theory in Criminal Law

Posted by Bernard Shaffer | July 21st, 2010 in The Objective Imputation Theory | No Comments »

Historical Background

We all know that in Criminal Law Concept, one of the most interesting is about the objective imputation. The origins of the idea of imputation can be traced, in principle, the so-called theory of charging of the natural law philosopher Samuel Pufendorf, for the word Zurechnunges, in reality only a translation of the Latin word imputatio. However, as a precursor to the current theory of the complaint contained factual law idealist philosophy of Hegel. The objective of the concept of action back to Hegel and developed by the Hegelian school of the nineteenth century was attributable to the subject of multiple causal courses, only what can be considered as his work, that is, as the formation of the world through individual. Honig in 1930 published the famous book “Tribute to Frank, an article that was obviously inspired by the review of the theory of Hegel. Read the rest of this entry »

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FIND A CRIMINAL LAWYER ???

Posted by Bernard Shaffer | July 18th, 2010 in Colorado Lawyers | No Comments »

In all there and very abundant, so for those who wish to seek a criminal defense lawyer that I leave here, I believe, I believe are the keys to find it:

In first place there is to know which firms’ criminal touch

a) large, Spanish, Anglo and American, have small sections of criminal, following the inclusion of economic crimes in the penal code of 1995.

b) Medium multidisciplinary medium-sized firms have criminal service, integrated in the procedural area or separate section, but with a maximum two to three people.

c) small firm dedicated exclusively to criminal law (boutiques) which are exclusively on the subject with different structures, ranging from 1-2 to 10-12 people maximum. Read the rest of this entry »

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POSSIBLE CRIMINAL LAW: prison is not the only solution, nor the best (part III)

Posted by Bernard Shaffer | July 15th, 2010 in Law Criminal | No Comments »

In a recent lecture given in Mallorca, one of the members of the Platform, Angel Luis Ortiz Delgado, Judge at the Court No. prison supervision. Madrid 1, more than 28 years of experience, he argued the importance of building or place more emphasis on restorative justice from mediation and methods based on non-violent dialogue strategies.

* He explained that currently, the application of criminal law is approached as an inverted pyramid. Be located above the widest part, or the judicial power in the right half and in the narrowest part, the tip, is the interest of the victim. And this group proposed that the pyramid is reversed, and the widest part and important is the interest of the victim. Read the rest of this entry »

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POSSIBLE CRIMINAL LAW: prison is not the only solution, nor the best (part II)

Posted by Bernard Shaffer | July 12th, 2010 in Law Criminal | No Comments »

The Platform is Possible Another Criminal Law explains that Spain is one of the countries of the EU in which the higher the deviation between the offenses, the subjective perception of insecurity and the use of prison, that ignorance and fear is exploited by politicians of all sign for electioneering and that we must fight “representative from prison, and the use of criminal law merely symbolic because the problems are not resolved or only or mainly with the adoption of criminal laws .

The Platform calls for an informed and calm debate on imprisonment and punishment, and thus seek to remove the false myths created around the criminal justice system who are these 13, each of which is explained in depth here: Read the rest of this entry »

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POSSIBLE CRIMINAL LAW: prison is not the only solution, nor the best

Posted by Bernard Shaffer | July 9th, 2010 in Law Criminal | No Comments »

POSSIBLE CRIMINAL LAW: prison is not the only solution, nor the best

“Spain has a much lower crime rate than the European average (in the United Kingdom doubled ours) and a downward trend in crime for 20 years. However, 90% of citizens believe the country is becoming more dangerous and a higher percentage of prisoners than any other European country: the figure has increased fourfold in 30 years ”

“Society seems to believe that the prison is full of very dangerous criminals, but not true. The vast majority are imprisoned for drug offenses or against property. The prison should be used when really necessary. Not valid for all ”

“The prison is hard. Society is not aware of what it means to be imprisoned, it is a vital devastation ” Read the rest of this entry »

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International Criminal Law Case : The Mayor and the Contractor (part II)

Posted by Bernard Shaffer | July 6th, 2010 in Cases, International Criminal Law | No Comments »

The arguments of the Prosecutor

The arrangement of the Prosecutor that heard the case on the complaint, full of details and details that make infer the responsibility of the accused Jaime Bardales Ruiz, Luis Parodi Saravia and others. One of the arguments considered that indicated they did not act according to the Law of Contracts, for as soon knew the falsity of the information documents must officially declare the nullity of the contract, which did not and instead clung to it prevail. “Even there is a presumption of unfair collusion because it corrupts a document to be awarded the bid because government officials did not declare the nullity of it” expresses the Prosecutor.

After the Municipality reiterates that through their officials must meet the general norms and even qualify, by virtue of the law, the Public Ministry’s work and obviously did not take into account the fiscal Julca, when he sent the final file the complaint Miranda Anabella Jaramillo made. “The Public Ministry as head of the criminal action must not only limit their actions to the crimes reported, but functional is required to cover all those illegal practices that can avert the development of the preliminary and preparatory research” supports the Fiscal Diaz de La Cruz. Read the rest of this entry »

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International Criminal Law Case : The Mayor and the Contractor

Posted by Bernard Shaffer | July 3rd, 2010 in Cases, International Criminal Law | No Comments »

International Crime Case : The Mayor and The ContractorInternational Criminal Law Case : The Mayor and the Contractor

Sullana Criminal Prosecutor ordered preliminary investigation against Jaime Bardales and other. It looks like there are prosecutors who want to fully carry out its function. In this case it is Dr. Marita Diaz de la Cruz, who with a thoroughness that should be assumed by many judges, has done a thorough analysis of the case of falsification of documents by an executor of work and seriously compromising Mayor Jaime Bardales Ruiz, Luis Parodi Saravia and other officials of the Provincial Municipality of Sullana.

A history

The case concerns the citizen complaint made Anabella Jaramillo Mariana Miranda against Mayor Jaime Bardales Ruiz and others on charges of breach of the functional duties and conspiracy to commit a crime and against the contractor Cortegana Dante Sanchez for forgery. As reported at the time, the winner for “Best Market Sullana II Stage Model,” provided false documents and with them won the bid. Prosecutor intervened on Crime Prevention and managed to prove that the complaint was true. Read the rest of this entry »

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