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Posts Tagged ‘Criminal Law’

Individualizing theories

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). Read the rest of this entry »

This theory is called theory of conditio sine qua non, understood the Latin “essential” or “precondition”, the formula conditio sine qua non is a mechanism to assign a cause factor category. The conditio sine qua non means that an event causes a result, when you mentally can not be deleted without the mentioned result disappears (Reyes Alvarado, op.cit, p.10).

For example in the case of occurrence of an assault on a bench, if mentally suppress the incursion of armed robbery offenders and stolen money doing, removed a result of the divestment to configure the robbery. It would not even remotely in mind, the causation of the outcome by the manager who opened the bank that morning. (Vargas Gonzalez et al, op.cit, pp. 35-36). Read the rest of this entry »

This Article part of The Objective Imputation Theory in Criminal Law Series

Among the theories of causation that more importance have, we have the following:
v Theory of equivalence of conditions.
v Individualizing theories.
v Theory of adequacy.
v Theory of adequate causation.
v Relevant theory of causation.
v Theory the ban back.
v Theory of causation.

The following explains the main features of each of the theories mentioned above.

Theory of equivalence of conditions

The theory of the equivalence of conditions is becoming known in Germany from 1843, with Stuart Mall Years later the theory is developed by Von Buri in 1873. Von Buri understand that not only the sum of a variety of elements is cause of a phenomenon, but also each of these forces individually considered in turn causes an outcome. (Reyes Alvarado, op.cit, p.41). The doctrine of the time came to explain that all conditions for the production of an outcome is both the cause of it, so any condition is equivalent to a cause and then comes, just the name of the theory. (Vargas Gonzalez et al, 1998, p.34). Read the rest of this entry »

In most cases, the existence of causation is not problematic. If A throws a stone vase intentionally against B and destroys it, there is no doubt that the operations of A (throwing the stone) and the typical result (intentional destruction of the vase of B), there is a causal link.

However, there are several types of causality that can present problems:

- Causation alternative: Several independent conditions acting together, each one of them sufficient to produce the result. All of them are effective while for the result. For example: A and B independently give each other, one dose of deadly poison that acts the same time. Read the rest of this entry »

Causality

The principle that causes all remains a result is called the principle of causality and the link that connects the cause and the result is called causality.

To attribute a result to a specific behavior, is required to establish firstly, if between this action and this outcome there is a causal link from a natural perspective, however, has not yet solved the problem, it is also necessary determine that the natural link of interest to criminal law< /a>. However, that case is to formulate a legal opinion, also known as imputation trial objective. Checking the existence of causation is the first step of objective imputation. (Berdugo, 2002, p. 196). Read the rest of this entry »

Historical Background

We all know that in Criminal Law Concept, one of the most interesting is about the objective imputation. The origins of the idea of imputation can be traced, in principle, the so-called theory of charging of the natural law philosopher Samuel Pufendorf, for the word Zurechnunges, in reality only a translation of the Latin word imputatio. However, as a precursor to the current theory of the complaint contained factual law idealist philosophy of Hegel. The objective of the concept of action back to Hegel and developed by the Hegelian school of the nineteenth century was attributable to the subject of multiple causal courses, only what can be considered as his work, that is, as the formation of the world through individual. Honig in 1930 published the famous book “Tribute to Frank, an article that was obviously inspired by the review of the theory of Hegel. Read the rest of this entry »

In all there and very abundant, so for those who wish to seek a criminal defense lawyer that I leave here, I believe, I believe are the keys to find it:

In first place there is to know which firms’ criminal touch ”

a) large, Spanish, Anglo and American, have small sections of criminal, following the inclusion of economic crimes in the penal code of 1995.

b) Medium multidisciplinary medium-sized firms have criminal service, integrated in the procedural area or separate section, but with a maximum two to three people.

c) small firm dedicated exclusively to criminal law (boutiques) which are exclusively on the subject with different structures, ranging from 1-2 to 10-12 people maximum. 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 »