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.

After the Second World War, the Allied powers agreed, under the London Charter, the constitution of a court judge not only war crimes but also crimes against humanity committed under the Nazi regime. Known as The Nuremberg trials began on November 20, 1945, and ruled on September 30 and October 1, 1946. It also created a similar tribunal for Japanese war crimes, the International Military Tribunal for the Far East, which operated between 1946 and 1948.

The Nuremberg Trials or, alternatively, the Nuremberg Trials were a series of judicial processes undertaken at the initiative of the victorious allied nations at the end of World War II, which were determined and enacted the responsibilities of leadership, image of the bench officials and employees charged in the main Nuremberg Process. On the left, from top to bottom: the Nazi regime of Adolf Hermann Goering, Rudolf Hess, Hitler in various crimes and Joachim von Ribbentrop, Wilhelm Keitel. On the right, from top to bottom: abuses committed in the III Karl Doenitz, Erich Raeder, Baldur von Schirach, Fritz Sauckel. German Reich as of September 1, 1939.

Four were the crimes imputed to the accused: 3. War crimes, the existence of murder, torture and rape, acts contrary to the Laws of War. 5. Crimes against humanity, when faced extermination and mass death. 7. Genocide, was killed when an entire ethnic group. 9. War of aggression on the basis of premeditation to disrupt the peace and as the process to undermine the internal security of a sovereign state.

International tribunals are created by an international body, according to procedures of public international law. The International Criminal Court, its Statute was adopted at the Diplomatic Conference of Plenipotentiaries of the United Nations held in Rome in 1998. – Courts are judging individuals. In this sense, only have jurisdiction in cases where it becomes necessary to determine individual responsibility for the subjects who participated in the contexts of violence or engage in some of the crimes under the Statute of the International Criminal Court. – Courts are competent to determine the criminal liability of persons subject to its jurisdiction by imposing the respective prison sentences, taking into account the seriousness of the offense and the defendant’s personal situation. – Courts are independent in the exercise of their judicial functions are not subordinated to the organs or assemblies decided its creation or approved its Statute. – Are collegiate courts, since they are composed of several judges.

The area of ??law that addresses the issue of international criminal tribunals is international criminal law, whose object of study is the rules relating to the offenses at the international and international courts with jurisdiction to determine responsibility for the commission of these crimes and to establish appropriate sanctions also aspects that are established by international instruments of conventional character. For this reason, the study of international criminal courts is required to use concepts and institutions of Criminal Law and International Law. Currently, the highest court in this area is the International Criminal Court, but there are other ad hoc tribunals established. Some are exclusively international in character, such as the International Criminal Tribunal for the Former Yugoslavia or the International Criminal Tribunal for Rwanda. Others are hybrids and are composed of both national and international judges. This is the case of the Extraordinary Chamber the Courts of Cambodia, which investigates crimes in Democratic Kampuchea, or the Special Court for Sierra Leone, responsible for prosecuting crimes committed during the civil war.

Legal Nature of the International Criminal Court, refers itself to the principle of complementarity which is attributed to this body, the legal nature of the court refers to the jurisdiction that has this on the countries with which it has signed. The Court is not bound to replace or to undermine the national systems of justice when they can function properly
• Genocide • Crimes against humanity, including acts described as murder, extermination, deportation or forcible displacement, imprisonment, torture, rape, enforced prostitution, enforced sterilization, persecution on political, religious, ideological, racial, ethnic or other defined specifically, forced disappearance or otherwise. • War crimes consisting in violation of international humanitarian law, particularly the Geneva Conventions or other international conventions and customary law exists in this regard. • Crime of Aggression There are also a number of transnational crimes that are not covered by international criminal law, such as those listed below: • Contraband • Human trafficking • Arms trafficking •

Drug trafficking • money laundering

1. The Chair: It comprises the President, the First and Second Vice Presidents, who are elected by absolute majority of the judges for a renewable term of three years. 2. Chambers: There are three divisions in the Court: Appellate Division, Trial Division Pre-trial Division 3. The Office: The mandate of this Office is conducting investigations and prosecution of crimes falling within the jurisdiction of the Court 4. The Secretariat is the body responsible for the judicial aspects of court management and servicing (translation, finance, personnel and other exclusive services to an international court) l.
1. The Court shall apply: a) First, this Statute, Elements of Crimes and its Rules of Procedure and Evidence; b) Secondly, when appropriate, applicable treaties and principles and norms of international law, including established principles of international law of armed conflict; c) Failing that, general principles of law derived by the Court from national laws of the world’s legal systems, including, where appropriate, the internal law of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with this Statute and with international law and standards and internationally recognized principles.
2. The Court may apply principles and rules of law of which he has interpreted in its previous decisions.
3. The application and interpretation of law pursuant to this Article shall be consistent with internationally recognized human rights, without any adverse distinction founded on grounds such as gender as defined in paragraph 3 of Article 7, age, race, color, religion or belief, political or other opinion, national, ethnic or social origin, property, birth or other status.

Start of activity by the Prosecutor Knowledge Admission If you start the investigation and notify all States refer the matter not from the state archives were collected for the fiscal budgets of law to impute the case be referred by the Council Start the UN Security phase of the trial of Office of the Prosecutor Not Guilty If Sentencing of imprisonment or fine or 2.

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“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.”

The relevant regulations requires operators of these services must strictly follow the rules set out in its Code of Conduct, to the extent that the breach could result in the termination of service.

The Code of Conduct states that the premium rate services should not, among other things

Be misleading as a result of its inaccuracy, ambiguity, exaggeration, omission or otherwise.
Induce an unacceptable state of anxiety or fear, or exploit situations of need.
Inducing or encouraging any person to engage in dangerous risk or jeopardize the health or mental balance.
Contain false or outdated.

Well, if we get picky, it is difficult to erroneous conclusions about the inaccuracy of the predictions of Sandro King , but otherwise appears that the individual takes advantage of the lady’s concern for the health of her granddaughter and induced to engage in a practice attempt against health (no less than treat Crohn’s disease with homeopathy). And when it comes to misinformation, I think it will require further explanation.

But it is not so simple. For starters, it would be quite difficult to admit a complaint from someone other than the person directly harmed by these events, an association of consumers and users (which, with some exceptions, are not just for the work) or government ( for which, unfortunately, there can be no talk of exceptions, no nothing). The complaint, moreover, would be studied by the grandly named Commission for the Supervision of Premium Rate Services , an organization that does not stand out precisely because of their agility and force. And finally, the holders of the service always possible to argue that these things are what they expect in the content services esoteric astrology, divination, fortune telling and / or predicting the future by other means that are expressly recognized as a form of premium rate services.

And if this applies to more specific and therefore closer to the problem on general rules and not tell them.

What’s left? Well, the truth, not much. Of course, the authorities continue to try to take this issue seriously and end the impunity of those charlatans. From Skeptic Circle , for example, at the time that we get some of our requests on this subject were undertaken by the Council of Consumers and Users in its claims on the transposition into Spanish law of Directive 2005/29/EC. And sometimes our public reports, our letters to the media and pressure our government agencies have made ??the occasional victory over quackery.

But we also, especially the outreach. In the Judgement we cited above, the Supreme Court said that it is necessary to take into account the degree of knowledge through a society that, as in this case, already living in the XXI century. The average citizen of our society, has a level of information about these diseases and their characteristics, which can hardly rational trust claim paranormal powers.

Surely the Supreme Court Justices are not set in astrology sections of newspapers, have not seen the shelves of kiosks full of Beyond , Enigmas and Discovery DSalud not have any radio station, public or private, for one night a weekend, and have seen some late-night TV networks such as Four or La Sexta.

Unfortunately, the average citizen of our society is surrounded by false information, stories of vendors of smoke and charlatans willing, as we have seen, “guess” their health and recommend the services of other charlatans. And against this, the best we can do is keep putting them in evidence, continue to denounce publicly fraud and continue to promote critical thinking.

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• 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.

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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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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.

The orderly adjustment of a new International Criminal Law makes setting up new possibilities for cooperation between countries and proposals are structured unit-still-partial success with the pretense of a commitment between the undeniably important for stability and international security and to achieve a certain world peace.

If you always criminal organizations have taken advantage of the technological achievements in our time this situation has worsened and requires an understanding of new legal instruments that allow sharing. The current reality of our modern societies glimpse in the near future will increase the punitive legislation worldwide comparable.

In recent times appears strongly the urgent need for instruments from the perspective of criminal law to cater to these commitments among states, matching process and provide solutions to common problems: organized crime, war crimes, local terrorism and global migration phenomena and new forms of slavery, cyber crime, punishable acts of racism.

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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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“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.

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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.

The essential character requires not only when it appears, in relation to the subjective type, the result was not subjectively no longer avoidable but when the author is not responsible for that to which it gives rise. Example: The organizer of a festival is not responsible for the various offenses that take place during it (drug trafficking, injuries, injuries, drunk driving, hospitality establishments out without paying the drinks), or at least no longer responsible for the mere fact of having organized the festival. (Jakobs, op.cit, p. 98).

The fundamental legal issue is not verification of the causal link in itself, but to establish the criteria according to which particular outcome we attribute to a person. Only one outcome is objectively attributable caused by human action, when such action has created a danger that was deprecated legally performed in the typical result. (Berdugo, op. Cit, p. 200).

The objection in the result is an implied requirement of the type (section objective) in the crimes of result to be legally attributed the result and has therefore consummation. (Luzon Peña, p. 376).

The theory of the complaint seeks to confirm objective legal causation through a series of normative criteria described in the following formula: one outcome is objectively attributable only when the action causing the same risk has created a legally disapproved (or typically relevant) that was carried out in a typical result, which belongs to the scope or protection of the rule infringed. (Romero Sanchez et al, 2009, p. 196).

Only one outcome is objectively attributable caused by human action (in the sense of the theory of the condition) when such action has created a danger that was deprecated legally performed in the typical result. (Jescheck, 2002, p. 171).

Objective is called imputation to that which defines criminal responsibility for an outcome and the target rate.

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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).

And criminal responsibility will rest on three conditions:

1. Causal link between action and result.

2. Relevance of causation.

3. Guilt.

Causal link between action and result

The existence of the connection is determined by the same formula proposed by the theory of equivalence. The action of the author must be a conditio sine qua non of the result. There must be the first event of the complaint objectively, I have studied the second.

Relevance of causation

Such relevance is determined from the level of criminality. It requires the action of the subject which operated as a conditio sine qua non and the results produced are typical, as well as the causal course between one and another is “relevant” according to the type. To determine a relevant character assumes the criterion of the adequacy of the theory itself of adequate cause. The nature of the adjustment is determined from the offense, which shows us the causative courses relevant or appropriate. (Vargas Gonzalez et al, op.cit, pp. 49-51).

Theory of the prohibition to return

This theory, which in its infancy, is linked to the interruption theory of causation, is raised by Frank and implies that if causal courses of action are not exploited by malicious intentional action to cause the result, is barred from returning … more behind the malicious action to find reasons not malicious. Here improperly shuffled assessment criteria as causal problem, to the point that this theory points since the previous actions are not authorship but reckless participation, but also rejects them as causes. Apart from its impropriety as causal theory, and in the field of partner in crime should be noted that the mere participation goes unpunished reckless whether intentionally encourages authorship as reckless. (Luzon Peña, p. 72).

Causality is not “interrupted” because between the conduct and outcome, the action is malicious third party. That’s what formerly defended the theory of re-entry ban, she said, the return (return) to the conditions that preceded an intentional crime temporarily.

This theory was originally constructed on the basis of the causal theory of action, the rationale is that the remote causes (“remote cause”) are “void” then by who intentionally cause the outcome (“proximate cause”) and solves this how the problem of concurrent causes from different subjects when a single result. Put another way, the willful participation in the conduct willful and self-responsible of the crime is always with impunity, so that the second fraudulent act takes away the first show its relevance willful criminal. For these authors, the setting of preconditions to the result, so malicious, it involves making a crime in immediate authorship, but it is sanctioned, usually as participation (instigation or complicity). (Castillo, 2008, pp. 490-491).

Theory of causation

It is the foundation of any claim to such objective: for the first budget of the realization of the type is always the perpetrator caused the result. But with the causation of behavior for the typical result has not yet been performed, provided the type as previously believed, but attend other elements typical writings. Thus eg the complaint may also be missing although the author has caused the result, but that causation is due to chance: If A persuades B to take a flight to Mallorca, which B dies plane crash certainly A has caused B’s death and his council, but despite that B has not killed because the event is presented as an accident incalculable and therefore can not be attributed to as his work. There are also random with other causes that can exclude the target rate. (Roxin, op.cit, p.121).

Within it is the so-called theory of causation interruption which holds that in certain courses or irregular cumulative causal intervention of an “external factor” although causal support in the course before, immediately leads to the result, breaking the previous course causal, and therefore the results may not be devolved to the first author. An example: when a person has been injured dies as a result of surgery or wrong because the ambulance crashes that carried to the hospital. (Vargas Gonzalez et al, op.cit, p.39).

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