Archive for the ‘Attorney’ Category

Exercise of Attorney Function

Thursday, February 18th, 2010

Exercise of their function

Prosecutors assume unipersonale causes, but most of the laws, for reasons of better care of the process or because of their complexity, size, importance or significance, the authorities of the Attorney General may provide that a prosecutor take over the care of the case (or, again, can be assigned to one senior hierarchy). Moreover, a prosecutor can not conduct research or engage the public on certain criminal offenses (and must be replaced), when configured in its connection a legal grounds for disqualification, which are generally based on individual interests in the crime or friendship, enmity or relationship with the participants of that fact. These officials, in cases that are in charge, exercise their functions with independence and autonomy, under the principles of legality and objectivity and should take all steps as may be conducive to successful research, being responsible, in exercising its functions in the civil, criminal and disciplinary.

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Attorney Structure

Tuesday, February 16th, 2010

The prosecutor (fiscal agent, public prosecutor, prosecuting attorney or tax attorney) is a public officer (magistrate in some countries), a member of the Public Ministry, which has materially the conduct of criminal investigation and the exercise of public prosecutions; that is, who is responsible directly and specifically perform the functions and powers thereof, in the cases it hears.
Because prosecutors often consists of a large number of agents and prosecutors, most of the laws establishing the basic principle of unity of action, which seeks to avoid duplication or interference by Law Mafia at the court.

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Constitution of Law.

Monday, February 15th, 2010

Usually they are individuals entitled to give instructions to the police, for each case (without prejudice to any action that restricts or impairs fundamental rights, generally require prior judicial approval). Notwithstanding the foregoing, the authorities and headquarters of the Public Ministry, in different systems, hierarchical control often exert more or less permanent officers in his unit, which extends to both the efficiency and effectiveness in meeting its objectives, as to the legality and propriety of their actions. Also, usually the highest authority of the ministry may issue general instructions, setting performance criteria for prosecutors, for the fulfillment of its objectives, but not being able to instruct or order made or omit the conduct of proceedings in individual cases. However, tax officials are usually forced to obey the specific instructions that his immediate superiors give them about a case that has been assigned, unless they consider that it is manifestly arbitrary or which violates the provisions of the constitution or law.

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Full Authority of Judges

Saturday, February 13th, 2010

Prosecutors assume unipersonale causes, but most of the laws, for reasons of better care of the process or because of their complexity, size, importance or significance, the authorities of the Attorney General may provide that a prosecutor take over the care of the case (or, again, can be assigned to one senior hierarchy). Moreover, a prosecutor can not conduct research or engage the public on certain criminal offenses (and must be replaced), when configured in its connection a legal grounds for disqualification, which are generally based on individual interests in the crime or friendship, enmity or relationship with the participants of that fact. These officials, in cases that are in charge, exercise their functions with independence and autonomy, under the principles of legality and objectivity and should take all steps as may be conducive to successful research, being responsible, in exercising its functions in the civil, criminal and disciplinary. Usually they are individuals entitled to give instructions to the police, for each case (without prejudice to any action that restricts or impairs fundamental rights, generally require prior judicial approval).

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Attorney & Tax Laws

Friday, February 5th, 2010

A characteristic of a tax haven is that often coexist in the same taxation arrangements legally distinct and separate. On the one hand, it affects local residents and businesses, which are subject to taxation in any other country and the other, non-residents, which enjoy tax advantages and are usually allowed to approach economic or investment within its territory. To facilitate the separation of these two parallel economies, usually has legislation and institutions especially reserved for non-residents, such as banks or companies offshore IBC (International Business Companies).

Other identifying characteristics of a tax haven is often the existence of strict laws on banking secrecy and data protection. Typically, the data of shareholders and directors of companies not listed in public records, but they are under the custody of his legal representative, called the resident agent (registered agent). These characteristics have led to these countries, often very small in size and population, have managed to accumulate a quarter of private wealth around the world, according to the IMF. [2] Historically they have been accused of serving as shelter for evaders taxes, terrorists and drug traffickers who hide their identities behind offshore corporations, numbered accounts, trust managers, foundations, trusts or bearer shares.

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