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Archive for the ‘Law Criminal’ Category

It is the branch of law that defines international crimes and regulates the functioning of the courts competent to hear cases in which individuals incur international criminal responsibility, imposing the sanction. The emergence of this branch represents an important evolution from classical international law, which was essentially interstate and did not consider the person as a subject of international law. International criminal law is to determine the behaviors that violate social interest against a universal significance, whose protection requires the criminalization and enforcement of sentences imposed by the Member States of the international community, through national and international performances, collective and cooperation.

Attaches to a classification of the types of crimes of international criminal law: crimes against peace (preparation, initiation and waging of a war of aggression). War crimes (grave breaches of the law of war committed during an international armed conflict) Crimes Against Humanity (serious offenses against life, physical integrity, freedom or human dignity committed with the support of state power. against a person or group of persons belonging to a culture, race, religion, nationality, political conviction or determined).

The history of International Criminal Law I go back to school natural law of Francisco Vitoria, Francisco Suarez, Hugo Grotius, or the attempt to extradite the Kaiser Wilhelm II by the Treaty of Versailles, after World War II, the Tribunals of Nuremberg and Tokyo, but after the Member States of the United Nations has developed a truly international criminal law.
After the First World War, is when there is the creation of a truly international criminal tribunal to prosecute those responsible for crimes committed during the conflict. This is provided for the Seventh Part of the Versailles Treaty of 1919 to try the Kaiser Wilhelm II of Germany but the Netherlands offered asylum to the emperor, which frustrated the initiative. Read the rest of this entry »

One of the most surprising (and unworthy) to hear cases like the Enchufa2 had the other day, and we reproduced here, is the fact that such behavior to go unpunished. A guy has the chutzpah to issue a “diagnosis” and recommend a visit to a homeopath is unseemly from the ethical point of view, but legally there is very little to do with it.

“I ask for punishment for fraud because I understand that criminal law does not protect the unwary,” said the prosecutor in the trial of the “Father Angel” Picassent . And that is: no matter how bloody that we feel these cases (and some are), the fact is that our courts have long been clear that:

In these cases, it is generally believed that the deception is so crass and unacceptable is inidóneo to erect the foundation of a crime of fraud.

Given that that sentence meant nothing less than the assembly of a healer who plucked a couple of brothers claimed they could cure metastatic liver cancer who suffered his father, we can well imagine what will happen in cases of far less gravity.

As for the rules of consumer protection, does not allow us much hope. The program may Sandro King, remember, is really just a way to attract customers for telephone service with additional charges . In concrete numbers beginning with 806, which are reserved for the ” leisure and entertainment services.” Read the rest of this entry »

· Economic crimes: embezzlement, fraud, misrepresentation, corporate crime, money laundering, punishable insolvency, counterfeiting, etc..
· Offences against the person, injury, murder, murder, etc..
· traffic offenses, drunk driving, speeding, driving without a license, disobeying authority, reckless driving and failure to relief.
· Crimes against property: burglary, theft, receiving stolen property, damage, fraud, etc.
· Crimes against public health: drug trafficking.
· Administrative Offences and politicians, bribery, prevarication, urban, influence peddling, embezzlement, fraud, prohibited business, corruption and infidelity in the custody documents
· Crimes against public finances: tax crime.
· Crimes of domestic violence.
· Crimes against the environment and urban : against planning.
· Crimes against freedom, illegal detention, kidnapping, threats, coercion, torture and against the person.
· Crimes against the honor: libel and slander.
· Crimes against social security and the right of workers.
· Crimes against sexual freedom, sexual assault, sexual abuse, sexual harassment, etc..
· Privacy Offences: discovery and revelation of secrets, burglary.
· Crimes against family rights and duties, family abandonment, default pensions, child abduction, and so on.
· Crimes against intellectual property.
· Crimes against foreigners.
· Crimes heritage.
· arson.
· Offences against the administration of justice: prevarication, concealment, prosecution and false allegations, simulation of crimes, perjury, obstruction of justice, professional disloyalty, escape from prison.
· Crimes against the Constitution against State institutions, against the fundamental rights and civil liberties committed by officials.
· Crimes public: attacks against authority, resistance and disobedience, possession, trafficking and stockpiling weapons.
· Other crimes: theft marital status, public functions, intrusion.

• Any other offense.
· Defence in criminal proceedings.
· Defence trials jury.
· Defence in juvenile cases.
· Assistance to the detainee to the police and the courts.
· Criminal Indictment: complaints and quarrels.
· particular Indictment Indictment popular.
· Request for parole.
· Request for pardons.
· Application third grade prison.
· Application for parole.
· Assistance to Courts: Trial Courts, Criminal Courts, Provincial Courts, Superior Courts, Court Jury, Court, Supreme Court and Constitutional Court.

The history is largely the realization of the failures of justice in their fight against impunity for those who have committed the most serious crimes of concern to the international community. Its authors, paradoxically, were not even prosecuted by the inability of states to initiate criminal action against even the authorities themselves as instigators or responsible for serious crimes.

Fundamentally, human rights law and international humanitarian law or the law of armed conflict as part of international law governing the protection of individuals against abuse of power and international subjects’ behavior in case of war or under the same, establish a system to ensure compliance effectiveness, so that the violation of its rules is an unlawful act or unlawful, that produces or generates a responsibility, and, where appropriate, the imposition of a penalty.

However, the existence of international criminal courts does not absolve states of their primary duty to exercise criminal jurisdiction over those responsible for international crimes, killing? Culture of impunity?.

Both the four Conventions of 1949 (art. 1) and Protocol I of 1977 (art. 1.1) sets out the commitment of States Parties to respect and enforce its provisions in all circumstances.

The four Conventions of 1949 provide a very precise obligation by States parties: the? Take appropriate legislative measures necessary to provide effective penal sanctions to be applied to persons committing, or ordering to be committed, any serious infringement ‘against the agreements.

Professional application
It aims to provide participants general knowledge about the system that is based International Criminal Justice, providing essential knowledge for those working or intending to work in the future in the field of international relations, the practice of law and international criminal law or of international cooperation.

In recent decades, advances in communications and exchanges, the gradual expansion of common policies between countries and the growing importance of many supranational institutions, could not fail to have consequences for criminal law in a world of globalism and developing advanced dispar. In this context, emerged the need to construct common responses from the criminal law to a crime without borders and becoming better organized.

The elimination of economic and political barriers in certain groups of countries, the European Union is one example, has contributed to the traditional understanding of new forms of criminality has been overtaken and express other needs to address complex situations.

It notes that, until recently, companies essentially moderated their coexistence under its law. In large parts of the world still goes from relatively simple societies can be arranged with the basic commands of his law-still-is absolutely essential to modern societies with other requirements. Read the rest of this entry »

After presenting the appeal to the TC, in which the plaintiff alleges infringement of four of their fundamental rights, the cause was visited in both the commercial itself as the State Attorney and the Attorney, interesting latter two under the denial of requested by the manufacturer.

The court, however, concludes that in this case it has violated two provisions of the Constitution with regard to criminal law (not being prosecuted for not constituting a crime) and the employer’s right to effective judicial protection. Read the rest of this entry »

The Constitutional Court annulled a sentence of 4 years in prison for “The Pocero.”

The resolution states violated the right to effective judicial protection (art. 24, 2 of the Constitution) and criminal law (Article 25.1) of the appellant, thereby nullifying both the ruling of the Provincial Court of Madrid as originally issued this case by the Criminal Court No. 21 of the capital. Read the rest of this entry »

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 »

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 »

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 »