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.

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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.

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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.

The TC believes that the determination of whether the business entity Heritage 2000 was whether or not fiscal transparency regime (i.e., excluded from taxation for corporate income tax) is crucial for the purposes of a criminal conviction.

At this point, concludes that as the company had no activity of any kind, lacked the physical administrative structure and personnel, the only viable solution is to consider it in the system of fiscal transparency.

“The resolutions concerned (number 21 of the Criminal Court of Madrid and the audience) have been limited to condemn those who, as ‘owner’ of the business, has left to join a tribute not only bypassing the erroneous action of the Administration in qualifying tax situation, if no sense of ownership to a possible requirement of state action to regulate the taxation of partners that could be attributed to any taxable income of the company to check, “says the statement.

In short, both the refusal of the Criminal Court of Madrid number 21 the application to the 2000 SL Heritage institution of fiscal transparency regime, like the Seventeenth Section of the Provincial Court of Madrid “are based on an argument that illogical in the absence of the necessary chain of coherence between the decision and the content of the legal system that integrates the criminal review.” This leads to the cancellation of both resolutions.

As regards the penalty for non-payment of VAT, the Constitution states that condemned “the Pocero” for the conduct of “leave to enter, but by no means by “cheat” because he did not attend the necessary element of” had intent to deceive required for the offenseThe shortfall in revenue to the Treasury cannot be considered sufficient grounds to consider consummate the crime of fraud,” added the statement.

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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.

As stated in the resolution “Pocero” was subjected to an inspection in connection with the 2000 SL Heritage institution for corporate taxes on income of natural persons, on economic activities and value added for exercises 1992, 1993 and 1994.

The background to the statement detailing the tax inspection concluded that Hernandez, the sole director of this company, submitted statements for the years 1992 and 1993 in relation to income tax and VAT without making any revenue, not corresponding quantities reported by operations with those actually made. ”

The case went to the Criminal Court of Madrid number 21, which in 2004 condemned “the Pocero” to 4 years in prison as the author of four offenses against the Treasury and a fine of 1,168,700.04 Euros, EUR 937,576.34 EUR 767,173.50 and the loss of the possibility of public subsidies or loan officer, and entitled to benefits or tax incentives for 5 years.

He was also sentenced to pay compensation to the Treasury as “direct civil responsibility” at 1,944,435, 14 Euros. Three years later, the Madrid Provincial Court partially upheld the appeal of Hernando in the sense set in Euros 1,994.388,39 the principal amount of the liability.

The Court felt that Patrimonial 2000 SL was a “pipe dream or shelter society”, i.e. “a mere facade corporate governance structure that lacked physical, or personnel, bookkeeping and computer books not by current legislation “, and lacked sufficient infrastructure to carry out construction.

The work was carried out Horpavisa society, as established at the time the Court of Madrid, which concluded that Heritage 2000 was to be used for the indirect financing of the first and as a tool for the parent company (Horpavisa) could freely of goods that had been in their heritage and were contributed to it. “

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The current criminal justice are also included crimes not involving victims. An example is the drug trade. But this is the voluntary exchange. They are outsiders who find it inappropriate and therefore have made punishable. In many countries, is that prostitution is punishable. Again there is no victim and therefore there is no libertarian by the crime.

Even if someone thinks that he is victim is not always a crime. This allows you to people who limits of freedom of expression search. It may be that someone is offended, and feel themselves thereby harmed. But offense was not aggressive and therefore no crime. The calls for a consumer boycott is not a crime. When Lakeman called for the savings away from DSB exercised his right to freedom of expression. This is not a crime because DSB is not damaged by the opinion of Lakeman. The DSB was because the savers’ money by taking away DSB. It was these savers to the DSB did not fall and Pieter Lakeman. Would you Lakeman criminalization of action than as a result, the behavior of savers offense. In other words if you behavior of the individual you would not criminalizing conduct that calls should not make criminal.

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