The mission of the Criminal Law . The mission of the Criminal Law is the legal protection of property as some authors. The primary mission of the criminal law is to encourage respect for the legal, that is, its function is ethical – social. The law can not prohibit the causing of a result. What it does is prohibit the making of behaviors directed to injure or carried the potential to jeopardize a legal right, and this function is fulfilled by commanding or prohibiting certain actions and not trying to avoid the accrual of certain results. However, the disvalue action alone is not enough to set the criminal injustice, it is fully constituted when the disvalue of the action is added disvalue the result.

Legal Assets. Well it’s all vital legal community or the individual, its social significance that is legally protected. All that is important for the social order, whose maintenance is assured through peaceful and legal norms is considered valuable to the community life, constitutes a legal right (Binding). Legal rights are life, honor, property, state security, public morality, and so on. The legal order is made ??precisely by the set of all legal rights, such as an organic unity. For these goods are not damaged or endangered the legal norms prescribe how people should behave. However, enforcement of these rules can not be delivered to the discretion of individuals. Every time someone disobeys these rules the law has a way to reaffirm them, either declare a ceremony held in violation of the rules, ordered to repair the damage with fault or fraud; restore the acquired illegitimately, and so on.

However, there are some transgressions that particularly serious since they affect a greater extent they affect the legal order goods for their social importance we call “vital legal interests.”

So important are these assets that the authority has armed services to prevent attacks against them (police). However, despite this, however, such attacks do occur. That’s when the law says the most serious consequences for these transgressions.

As the civil penalties are insufficient, the authority relies on more effective measures so that they do not recur. The penalties that reflect the highest expression of power of the state law are criminal sanctions that can affect the most important man’s personal rights, such as your life (death penalty), liberty (sentences and restrictive of freedom) or honor (social disapproval).

One must distinguish between legally and object of the offense. Often the two concepts coincide. p. eg. life is good law and order material in the case of homicide. But not always, eg. forgery in the legal order is the public faith in both the physical object is the document which bears the action of the subject. The theft of the material object is the thing subtracted and the rights and the affected property.

As stated mission of the Criminal Law is not the current protection of the legal, that is, the person, property, public faith, and so on. The deeper mission of the criminal law is an ethical social ensuring respect for basic social values ??by the injunction and punishment of its failure manifested by directed behaviors of legal injury.

Criminal laws. It is noted criminal law which are those behaviors aimed at harming or endangering vital legal interests whose injury or endangerment should result in the application of these maximum penalties. To this effect, the criminal law uses an indirect means that involves describing certain behaviors that enjoins a penalty. Not expressly stated in the legally protected but can easily be inferred from his text. Each State is responsible for determining the legal rights to pass criminal to be protected according to its legislative policy.

Standards. Carlos Binding, German criminal of the century, observed that contrary to popular belief, the criminal act does not violate the criminal law, but proceeds precisely according to the conduct described in it and therefore the penalty is applied. The person who kills another is not contrary to what is stated in Article 391 of the CP but acts exactly according to what expected. From this he deduced that what Binding violates the criminal law is not punishment, but something before and beyond this provision and is expressed in legal imperative, in this case, “Thou shalt not kill.” These legal constraints of the German professor named rules. Such rules are derived directly from the general legal order, which imposes rules that individuals must be observed and usually consist of the obligation to respect the different legal interests. Violates a rule which makes unlawful conduct that is not always a crime. To make crime is a criminal statute must consider that behavior as such and assigned a penalty.

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Business Plan – As most entrepreneurs know they need a business plan to gain credibility with an investor, simply do not know what constitutes a good business plan, much less what they might have to pay to send him to do. In general, a solid business plan takes at least a month and no more than three to write.

The Directors – Any employer who thinks they know everything you need to succeed, do not really know. Simply because they are different elements that are involved for a single person to know. Therefore, it is extremely important that you: (a) recognize your strengths and weaknesses, (b) find people whose strengths fill in those weaknesses, and (c) convince them to join their team.

The real trick is finding people who do not need money, but are open to receive your gratitude in some way, and also because they believe in what you’re doing. A common way to compensate advisors is a cash payment for the first three to six months in which they are involved. Thus, if not received anything for their time. After that period, whether they are excited about your business, you think about devising a plan of action for them.

Advertising – If you can not find a way to get the media write or talk about your business in prime time, you’ll probably have to spend money on marketing

Copies of your business plan
Shipping business plans
Several breakfasts and lunches to promote your business plan
During a period of nine to 24 months, the cost of marketing your company to attract the startup capital you need.

Expenses for Investment – While any professional investor will cover its own costs of “investment” in your company, most companies need to spend a little in advance to prove they have a viable idea. This expense may take the form of market research, laboratory testing or customer feedback.

Attorney fees and Contador – No company can get rid of good legal and accounting advice. Companies need to know how legal structures, how to ask for money and what forms are appropriate and legal for your new business. Must file tax returns, even if it made ??money. And if you have an idea to protect, need a good patent attorney.

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With this name is sought to package a set of criteria that limit the extent of chasing the equivalence of conditions. It aims to select in each case the factor is decisive in achieving the result and differentiating between cause and conditions. The conditions are considered mere circumstances companions. One cause could be the most effective condition or the last condition that precedes the outcome or the most predominant or decisive response is considered its essence and manifestation. (Vargas Gonzalez et al, 1998, pp. 41-42).

Theory of the adequacy

The most important attempt to limit causality attributable to objectively was carried out through the theory of adequacy.

The theory of adequacy does not replace the equivalence, but only removes the equivalence of all conditions. According to the theory of adequacy, a causation is only legally relevant but it is not unlikely. (Jakobs, op. P. 107).

In the legal sense, only causal criminal conduct that has a general tendency to cause the typical result, while the conditions that have triggered only by chance the result is legally relevant. (Jakobs, op. P. 131).

According to the theory of adequacy is not any condition of the result is due in a legal sense, but only that which is normally adequate to produce the result. The determination of adequacy is shaped by the objective probability or predictability of the outcome production. Ie if the condition is suitable also for the prudent and objective man, since at the time of action (ex ante) with all the knowledge of the situation that the author had to act or should have had, understood that was objectively likely or foreseeable that such a typical result is produced. (Berdugo, op.cit. P. 199).

Adequate theory of causation

Described by Von Bar, Massari and, with some variations and other names and Grispigni Antolisei, Italy. Also called the causality typically means that the existence of causality requires that the agent has been identified or produced the result in a proportionate and appropriate behavior. (Ibanez, op.cit. P. 275).

On the other hand argues that this doctrine so that there is a causal link in the sense of law, it is necessary that the man has determined the result with an action will provide adequate. The fundamental consequence of the theory is not considered due to the effects of the agent at the time of action is improbable, ie effects of extraordinary or unusual action itself. (Antolisei, op.cit, p. 295).

Not every condition that produces a result can be considered because of it, but only that which produces a result can be considered because of it, but only that which is in line with experience appropriate to produce a typical result. To know when you are in the presence of an adequate cause, conducting a trial of probability by the judge, who must be at the moment of action. This trial is based on two types of knowledge, the ontological, which takes into account the conditions known and knowable by a wise man, and the expertise of authors, the nomological which incorporates the laws of nature known at the time of the action . Based on this trial is ultimately determined that the cause objectively foreseeable that appears adequate to produce the result. (Larrauri, op.cit, p. 83).

Finally, it is important to note that this theory is the need to recognize that a phenomenon is always a product of the confluence of a number of circumstances, without whose joint operation can not be explained, again, highlights the need to distinguish between cause and conditions, considering not only causes the condition is adequate to produce the result, and the compliance is affirmed or denied as expected or may not be such a factor that could cause the result.

How to determine the proper cause? Such a view likely to consider those conditions that at the time of action are “known and knowable” by a wise man. We must also include the expertise of the offenders. (Vargas Gonzalez et al, op.cit, pp. 43-44).

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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 them in their tasks and functions. In turn, the allocation area (in counties, districts or communes) is established in law, but usually under a scheme of flexibility and adaptation to the changing needs of criminal prosecution, which involved the highest authorities of the ministry.

The distribution of cases among the various tax, generally, can be performed by the supervisor on the basis of certain objective criteria established by law, such as workload, expertise and experience. Although in principle governing a shift rule, under which they must take up all cases that occur in that period of time, within the territorial limits assigned to their closure or conclusion.

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