Colorado Business and Legal Advices

Posts Tagged ‘Criminal Law’

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.

Law. The man’s social trend, the need for mutual aid, family growth and aggressiveness of companies exceeding individual possibilities of man, led to the formation of large social groups. Within these groups was essential to the existence of regulatory and ordering of the various individual activities to avoid conflicts between its components. That rule ordering the activities of men living in society, its relationship with other men in order to calm and social peace and security, and is imposed by the authority, even with the use of force if necessary, is what is called the law. So the right is composed of a set of mandatory rules imposed by the requirement of justice, establishing rules of conduct by an individual in relation to others or in relation to the state. In general, its purpose is to defend freedom and other property of the individual and ensure the integrity of society.

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. Read the rest of this entry »

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 »

The basic formula that uses objective imputation is as follows:

“One result is objectively attributable, when the author has created a significant risk, which is done in the typical result in your particular configuration..”

According to this formula, to impute to the author the results objectively, it is necessary, in an objective and ex ante, be founded and established in that typically relevant risk behavior and that this risk was made in the typical result effectively produced. To account for the completed offense of result, it is necessary, then a first trial to determine ex ante whether the action of the author has created a typical risk or has raised the risk to the legally protected. This danger, which is determined ex ante is established according to the criterion of an objective observer, which should be placed in the position of acting subject, and that all his knowledge and policy options (criterion general social policy). A second evaluation is done ex post, after the occurrence of the result and determines whether they made the typical result in the realization of typical and relevant legal risk created by the action of the result. (Castillo, 2003, pp. 101-102).

Today there is unanimity in penal dogma is that verification of a causal link between action and result is not sufficient to attribute this result to the author of the action. In the process of purification and selection of legally relevant causal factors imposes the use of normative criteria drawn from the nature of criminal law, and in the plane to demarcate the legal relevance of causality.

The following will be discussed relevant aspects of the scope of the complaint, as well as different views of what is this theory.

It is generally accepted as a principle objective imputation that human action has created a legally undervalued and this risk has been made in the result. This requires, therefore, to ascertain: a) the action has created a risk (in the sense of equivalence of conditions): b) this risk is legally undervalued, c) has resulted in the completion of the typical result. (Larrauri, op.cit, p. 86).

The objective imputation theory deals with the determination of the properties and general objective of the alleged conduct, even though, from concepts to develop here in the particular case mentioned explicitly or implicitly, causation. Of course, not all concepts of objective attribution have the same importance in the special part. In particular, problems of causality in practice affect only the crimes resulted in the strict sense. Especially in the crimes of result shows the need to develop general rules of attribution objective for the following reason: the law refers only to the causation of an outcome, but the causation may be sufficient only if it is legally essential. Read the rest of this entry »

Relevant theory of causation

For this theory, the cause is just to delete that condition which leads to the disappearance mind the outcome, just as the latter is understood as a legal category. Mezguer considers that criminal law is only interested in causes that are adequate to produce the result, however for him, the determination of the adequacy of the case operates in a strictly legal level, based on the criminal. To Mezguer causal equivalence of all conditions does not imply its legal equivalent, thus separating the phenomena of causation and responsibility. (Vargas Gonzalez et al, op.cit, p. 48). Read the rest of this entry »