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Archive for the ‘International Criminal Law’ Category

International criminal law sets the scope of criminal law and competent court can rule out establishing whether the national territory, where he could proceed to the place of crime was committed, the nationality of the offender or the victim, or where the crime produced its effects, and also rule on international cooperation to assist States by allowing complete rogatory rogatory or procedural measures, or request the extradition of offenders.

It is generally accepted for the purposes of criminal law and the applicable jurisdiction, the territorial system, by which fit the application of the criminal law of the state where the crimes were committed, and jurisdiction of judges that State. The Argentine Criminal Code in Article 1 paragraph 1 and the Montevideo Treaties of 1889 and 1940 adopt this solution.

Yet they are cases of exception to the application of territoriality, the crimes committed in international waters, naval vessels or aircraft and committed at sea, and they are in territorial waters of another state (judged by the law of the flag). In the case of crimes committed by members of a delegation shall apply the rules of public international law. In this regard, Article 31 of the Vienna Convention of 1961 refers to diplomatic relations, the diplomatic agent shall enjoy immunity from criminal jurisdiction of the receiving State. Read the rest of this entry »

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 »

International 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 »

International Criminal Law

International Criminal Law sets the scope of criminal law and competent court can rule establishing whether outside national territory, where they could proceed, the place of commission of the crime, the nationality of the offender or the victim or the place where the crime produced its effects, and also rule on international cooperation to assist States through the allowing complete rogatory rogatory or procedural measures, or request the extradition of offenders. Read the rest of this entry »