Colorado Business and Legal Advices » criminal http://www.partidocolorado.org Complete Business and Legal Advices in Colorado Tue, 31 Jan 2012 06:28:03 +0000 en hourly 1 http://wordpress.org/?v=3.3 FIND A CRIMINAL LAWYER ??? http://www.partidocolorado.org/find-a-criminal-lawyer.htm http://www.partidocolorado.org/find-a-criminal-lawyer.htm#comments Sun, 18 Jul 2010 14:20:47 +0000 Bernard Shaffer http://www.partidocolorado.org/?p=220 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.

d) General criminal touching. Within this group, inhabit those charged unemployed law school, those on duty, who put a name and a plaque and forget the record, yes charge later this month! (Go ahead is not an unanimous critical to every human being attached to the shift, I am myself, but to a not inconsiderable number of people).

Let’s consider pros and cons of each:

a) They are presupposed in the majors, a very high level in the legal service, and it is worth to note that it is generally given. The problem is the difficult access to the partner in charge of the section, which is very busy, the job will make you a junior (recent graduate or with few years of experience, yes supervised by the partner) and obviously the final bill will be ” something “high since the customer will pay the brand that has contracted. If you have many economic resources is not a bad choice, it is generally guaranteed warranty (I say usually because it may be the case of a failure, cubed by the amount of the bill). Recommended only for multinationals, they do not want to take risks with their parent or directors.

b) These offices covering broad areas of law, but not enough to be considered as “large.” Profiles are one of the most dangerous, because a criminal defense often takes a professional who takes office procedural issues, so in many cases will not find a real expert, even in some large sections lie within the criminal litigation or for trial. The minutes will not be as high as in previous ones, but you risk a less technical and skilled service in criminal matters. They are only reliable if you outsource the service to a specialized firm.

c) The criminal boutiques, which in my view is the best option (and not say why is my case huh !!!). Despatches repeat range from the 2 / 3 people until 12/15. No matter the size, since many are personal, but they are real specialists, people who only works in that area and that, they offer a reasonable price compared with the greats. The problem is that may not have the reputation of the great, and therefore need to know.

d) General criminal touching. Individual who assumes the defense in criminal proceedings without adequate expertise to do so with guarantees (although I do believe), in general, and forgive the redundancy, are not recommended. Although there may be exceptions. If an attorney brings the dismissal of the company and the murder of the mother, beware!

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]]> http://www.partidocolorado.org/find-a-criminal-lawyer.htm/feed 3 POSSIBLE CRIMINAL LAW: prison is not the only solution, nor the best (part III) http://www.partidocolorado.org/possible-criminal-law-prison-is-not-the-only-solution-nor-the-best-part-iii.htm http://www.partidocolorado.org/possible-criminal-law-prison-is-not-the-only-solution-nor-the-best-part-iii.htm#comments Thu, 15 Jul 2010 14:07:47 +0000 Bernard Shaffer http://www.partidocolorado.org/?p=218 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.

There is much to be done.

Ignorance to clarify, electioneering and morbidity to cut / remove, exaggerations to put into perspective and bold steps, though politically incorrect, to give.

Platform and other rights are possible and are doing this. Now it is necessary for society to want to face the reality that prison is not like under the carpet, the place where we hide everything that disturbs us rather than seeking solutions.

We are in time of change and deep cleaning every one of the sectors and fields. Nobody is going to deliver: education, medicine, politics, economics, religion, art, breeding, industry, food, …

The judicial system is compromised (The Country). We talked about the New Consciousness in the Bar, and now new life in the criminal law.

The prison is neither the only nor the best social systems of conflict resolution and while that’s not managed positively, NOT a better world is possible.

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]]> http://www.partidocolorado.org/possible-criminal-law-prison-is-not-the-only-solution-nor-the-best-part-iii.htm/feed 0 POSSIBLE CRIMINAL LAW: prison is not the only solution, nor the best (part II) http://www.partidocolorado.org/possible-criminal-law-prison-is-not-the-only-solution-nor-the-best-part-ii.htm http://www.partidocolorado.org/possible-criminal-law-prison-is-not-the-only-solution-nor-the-best-part-ii.htm#comments Mon, 12 Jul 2010 14:00:53 +0000 Bernard Shaffer http://www.partidocolorado.org/?p=214 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:

1. The myth “the Spanish penal system is a benevolent system,” a “is the most repressive in Europe”

2. The myth “the life sentence does not exist in Spain: implántese” to “there are in fact life sentences in the Spanish State and, in some cases by the inability of this review, is stricter than other states that do have it in their Codes ”

3. The assumption that “the profile of the average prisoner is highly dangerous” to “prisoners, mostly are not in prison for committing serious or violent crimes”

4. The myth “prisons are institutions comfortable and secure” a “are spaces in which death is a constant presence”

5. The myth of the “existence of a direct correlation between increased crime and the number of prisoners,” the disconnect between the number of criminal offenses and the increase of people in prison ”

6. The myth “offenses are an expression of human freedom, a free individual decision by each one must pay” to “a large majority of them have a direct link with social exclusion”

7. The myth “the criminal justice system to protect victims”, to “the criminal justice system keeps on suffering without offering different possibilities of repairing the damage”

8. The myth “the penalties are met in a small part” to “are met in full and the vast majority of people do within the prison compound in the ordinary regime”

9. The myth “permits should be limited by the insecurity generated” to “exit permits are a necessary part of rehabilitation, humanizing and low risk”

10. The myth “the law of the child has generated impunity for minors, it is very soft and does not punish,” to “criminal action on over 14 years and under 18 is higher than that of the adults and even punishable by imprisonment and harsh penalties ”

11. From Myth “called efficiency of the penal system” to “the apparent inability of the criminal justice system for the satisfactory resolution of conflicts”

12. The myth “enter through a door and out the other” to “many enter prison even without being judged”

13. Budget “offenders are, in general, people without morals and compassion,” a “in more cases than we think, have feelings of regret and be willing to repair the damage caused”

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]]> http://www.partidocolorado.org/possible-criminal-law-prison-is-not-the-only-solution-nor-the-best-part-ii.htm/feed 0 POSSIBLE CRIMINAL LAW: prison is not the only solution, nor the best http://www.partidocolorado.org/possible-criminal-law-prison-is-not-the-only-solution-nor-the-best.htm http://www.partidocolorado.org/possible-criminal-law-prison-is-not-the-only-solution-nor-the-best.htm#comments Fri, 09 Jul 2010 13:49:34 +0000 Bernard Shaffer http://www.partidocolorado.org/?p=212 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 ”

“Spain has to consider effective alternatives to prison, with experts and so quiet. There can be no more prisoners in our jails ”
Carlos Rios Julian Martin, a professor at the University of Comillas, criminal law expert and author of book

“Revenge or reintegration? How do we ensure the provision of justice? Do we need a collective reflection, serious and serene on the role of prisons, the reasons for their overbooking and type of convictions?

Of course, in a country with an uncontrolled expansion of the penal system, with few but very serious crimes based on media coverage that create alarm morbid social and political pressure on legislators, and public demonstrations clamoring for tougher sentences, chains sentences and to the gallows, there is clearly fertile ground for an initiative such as the Platform Other Criminal Law Is Possible to see the light.

More temperance rather stick to reality, more technical and less blind fits of rage are the essential ingredients for reform and clean prisons and criminal law. And this cleansing and renewal is underway.

Judges, prosecutors, law professors, teachers, lawyers, psychiatrists, doctors, sociologists, institutions, organizations and ordinary citizens, increase the list to join the Platform is Possible Another Criminal Law which aims to report the problems and shortcomings of Spanish prison system performance and “humanized, creating a criminal law that creates the least possible personal violence, to ensure respect for fundamental rights and protect the legitimate interests of repair material and emotional support to victims.”

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]]> http://www.partidocolorado.org/possible-criminal-law-prison-is-not-the-only-solution-nor-the-best.htm/feed 1 International Criminal Law Case : The Mayor and the Contractor (part II) http://www.partidocolorado.org/international-criminal-law-case-the-mayor-and-the-contractor-part-ii.htm http://www.partidocolorado.org/international-criminal-law-case-the-mayor-and-the-contractor-part-ii.htm#comments Tue, 06 Jul 2010 13:42:42 +0000 Bernard Shaffer http://www.partidocolorado.org/?p=210 The arguments of the Prosecutor

The arrangement of the Prosecutor that heard the case on the complaint, full of details and details that make infer the responsibility of the accused Jaime Bardales Ruiz, Luis Parodi Saravia and others. One of the arguments considered that indicated they did not act according to the Law of Contracts, for as soon knew the falsity of the information documents must officially declare the nullity of the contract, which did not and instead clung to it prevail. “Even there is a presumption of unfair collusion because it corrupts a document to be awarded the bid because government officials did not declare the nullity of it” expresses the Prosecutor.

After the Municipality reiterates that through their officials must meet the general norms and even qualify, by virtue of the law, the Public Ministry’s work and obviously did not take into account the fiscal Julca, when he sent the final file the complaint Miranda Anabella Jaramillo made. “The Public Ministry as head of the criminal action must not only limit their actions to the crimes reported, but functional is required to cover all those illegal practices that can avert the development of the preliminary and preparatory research” supports the Fiscal Diaz de La Cruz.

Regarding the falsification of documents, which has been duly recorded; argues that knowing they were fake the mayor should have acted according to the dictates of State Contracts Act, that is asking for the realization of the technical report regarding the legal violation by the bidder and inform the Court of Contracts for the implementation of sanctions established by law Jaime Bardales Ruiz, never made such an action and only recommended actions are taken to codenunciado Parodi Luis Saravia.

Regard, the Prosecutor states that “This decision further to eliminate criminal liability demonstrates a concerted conduct between the two: First, because Parodi was appointed by the mayor and second is who should contact the City Manager …”

After an analysis to the findings of Ruiz and Parodi Bardales Saravia and especially in failing to declare the nullity of the contract as was his duty. They argued that they could not do anything about it, when the Procurement Act is pristine when a bidder submitted false documents is discovered, there is legal authority to declare the nullity of office and request further damage has been generated with such action.

But as has been demonstrated in other processes Cortegana Dante Sanchez, the head of the firm and who falsified documents to qualify for the selection process continues with contractual relationship with the City, indicating that it is not unknown to the mayor Jaime Bardales Ruiz and Luis Parodi Saravia.

It is hoped that the complaint made by the brave citizens Anabella Jaramillo Mariana Miranda, consider the prolixity of legal invocations Prosecutor performs and where it is clear that there are violations of the Law of State Contracting and did not do the Mayor and the other members of the Special Committee on Awards and configured crime. Also looks forward to the Attorney Mitchel Julca García “do his duty with due diligence” under the Prosecutor recommends.

For the moral health of the people of Sullana, such facts should not be overlooked. Behind them, is the courage of a person to overcome the fear of reporting suspicious actions, on the other side lies the work of the Attorney General Crime Prevention, which identified clearly the role, but nevertheless, after Attorney responsible for the preliminary investigation against all existing elements decided that the complaint did Anabella Jaramillo Mariana Miranda.

The data

This claim was made in 2009, is one of many that affect municipal management by the physician Bardales Ruiz. Recently a citizen told the Public Prosecutor for the Prevention of Crime, giving him 300 000 nuevos soles for a work, after spreading the news one of the above, the manager Panta Carlos Palacios said he had met with the complainant and even gave details what was proposed.

Meanwhile, Jaime Bardales Ruiz continues in his campaign and even though the polls only give 3% of the vote, continues to paint the walls of the city.

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]]> http://www.partidocolorado.org/international-criminal-law-case-the-mayor-and-the-contractor-part-ii.htm/feed 0 International Criminal Law Case : The Mayor and the Contractor http://www.partidocolorado.org/international-criminal-law-case-the-mayor-and-the-contractor.htm http://www.partidocolorado.org/international-criminal-law-case-the-mayor-and-the-contractor.htm#comments Sat, 03 Jul 2010 13:29:18 +0000 Bernard Shaffer http://www.partidocolorado.org/?p=207 International Crime Case : The Mayor and The ContractorInternational Criminal Law Case : The Mayor and the Contractor

Sullana Criminal Prosecutor ordered preliminary investigation against Jaime Bardales and other. It looks like there are prosecutors who want to fully carry out its function. In this case it is Dr. Marita Diaz de la Cruz, who with a thoroughness that should be assumed by many judges, has done a thorough analysis of the case of falsification of documents by an executor of work and seriously compromising Mayor Jaime Bardales Ruiz, Luis Parodi Saravia and other officials of the Provincial Municipality of Sullana.

A history

The case concerns the citizen complaint made Anabella Jaramillo Mariana Miranda against Mayor Jaime Bardales Ruiz and others on charges of breach of the functional duties and conspiracy to commit a crime and against the contractor Cortegana Dante Sanchez for forgery. As reported at the time, the winner for “Best Market Sullana II Stage Model,” provided false documents and with them won the bid. Prosecutor intervened on Crime Prevention and managed to prove that the complaint was true.

However, an incredible Attorney Mitchel Julca definitively Garcia filed the complaint, despite evidence that he actually gave the bid to a company that submitted false documents. Also applies the principle of opportunity questionable way to prevent the process forward and be saved, that share of the reported fiscal Julca.

Against this, Miranda Jaramillo Mariana citizen, filed an appeal of complaint to the superior review the proceedings. The decision of the Prosecutor Marita Diaz de la Cruz is recommended only once the prosecutor Julca Garcia to do his duty with diligence and in fact, the Prosecutor discussed one by one the arguments and with a great knowledge of administrative law is formalized preliminary investigation ordered pursuant to law, “being necessary to carry out procedures that are indicated …”.

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]]> http://www.partidocolorado.org/international-criminal-law-case-the-mayor-and-the-contractor.htm/feed 0 Criminal Law Concept : General Concept II http://www.partidocolorado.org/criminal-law-concept-general-concept-ii.htm http://www.partidocolorado.org/criminal-law-concept-general-concept-ii.htm#comments Mon, 26 Apr 2010 12:55:44 +0000 Bernard Shaffer http://www.partidocolorado.org/?p=138 Criminal Law Concept : General Concept II

CONDE MUÑOZ, Francisco 2.002-CRIMINAL LAW-party General-Editing Editorial 5ta.-Valencia-TIRANT BLANCH. 56 pp. MIR PUIG, Santiago 1.998-CRIMINAL LAW-Party-General, the 5th edition Barcelona. Editorial TECFOTO S.L. PEÑA CABRERA, Raúl.1 ,997 He tried CRIMINAL LAW – Programmatic Study of the General. 3rd. edition Grijley E.I.R.L-Editor

Welzel Hans tells us that the co-authorship is authorship, its particularity is the fact that the domain unit is common to several people. Co-author is who possess the personal qualities of the author carries the joint decision regarding the fact and by virtue of it taking part in the commission of the crime. The independent co-authorship is a form of authorship and is based on the principle of division of labor. Each co-turn complemented by the fact that of all others in the offense: therefore also account for the crime.

Co-authorship is, subjectively, community spirit and objectively, a division of tasks of importance of the contributions. It is indeed the domain of functional, through the distribution of agreed contributions. Fluency in fact not exercised unfair one, but all through a joint and mutual fulfillment.

Enrique Bacigalupo co defines those who take part in the commission of the crime codominado the fact. As stated, the existing law Argentinean, Colombian, Spanish, Mexican and Venezuelan gives no express rule on co-authorship. The Co-authoring depend not dogmatic in their existence express legal recognition, as it is – as the author mediate-implicit in the notion of the author.

Finally, we consider the co-authorship occurs when several people, after the conclusion of a common agreement – carried out a joint fact way through an objective contribution to its realization; this figure, then, is also based on the domain of fact – that here is a collective – by which each co-dominates the event in conjunction with another or others.

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Criminal Law Concept : General Concept

Coauthorship believe it when a crime is carried out jointly by two or more people sharing mutual agreement between all the domain of fact. The crime is then committed “together”, sharing the speakers together, the tasks imposed on the type of author, but with collective consciousness of the global plan concerted unit. Dr. Raul Peña Cabrera coauthored defines as “the execution of a crime committed jointly by several persons who participate voluntarily and knowingly agree to a division of functions necessary in nature. The Co-authoring needs no explicit legal recognition because it is implicit on the notion of copyright …. “

Felipe Villavicencio T. defines the co-authorship as a form of authorship with the peculiarity that in it, the domain of fact is common to several people .- Co-authors are taking part in the commission of the crime, the fact condominium (functional domain of fact. Example: the murderers of one disables the victim’s arms, while others will infer sharps injuries.

Francisco Muñoz Conde defined as the joint co-authorship of a crime by several people who contribute knowingly and voluntarily. Co-authorship is a conspiracy put into practice and this figure differs in the fact that the co intervened in some way in the completion of the crime, which by definition does not happen in the conspiracy.

Santiago Mir Puig defines that the sponsors are doing together and by mutual agreement a fact (in German legal literature for all). Co-authors are authors because they committed the crime together. The sponsors share the realization of the type of authorship. Since none of them alone can carry out the fact can not be considered to any participant in the act of another.

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Continue From Criminal Law Concept : Background II

Accomplices not mentioned in the law or precept incur latae sententiae penalty for a crime if it had not been committed without their help and the pain is of such nature that they too may be affected, otherwise can be punished with ferendae sententiae. Title III of the Code of Canon Law, the Vatican Edition AUTHOR: John Paul II, Pope.

Given in Rome, the 25th of January 1983

- REGULAR WAYS OF PARTICIPATION .-

It is generally part of the fact that it is necessary and fair, from a viewpoint of criminal policy, repression of all those who go differently for committing the criminal act, anyone who has been his intervention. There are two basic systems in the treatment of participation.

The first, called unitary system, is seen as all authors who, in one way or another, contribute to the execution of the crime. It is essential that the intervention of each is because of the result. Distinguish the importance of each of these interventions only factor for determining the penalty. This concept has been criticized mainly because it is inconsistent with the guarantee function of criminal law, as enshrined in the principle of legality. This principle would be undermined if it is perceived as an author to anyone that contributes causally to the production of the result, only later to practice some distinctions. Moreover, their acceptance would lead to an excessive expansion of the repressive function. Finally, it is counterproductive because, in practice, you can not avoid making distinctions at the time of sentencing.

The second system called differentiating system, is to distinguish the various forms of assistance for people who commit a criminal act. This is the traditional and predominant orientation in the doctrine and legislation. Proponents but agree on the need and feasibility of distinguishing between the participants, are not answered on the approach to be used for that purpose.

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Continue From Criminal Law Concept : Background

1329 § 1. Those with the same criminal intent a part in the commission of a crime, and are not specifically mentioned in the law or precept be set ferendae sententiae penalties against the author, are subject to the same penalties, or others of the same or minor. Title III of the Code of Canon Law, the Vatican Edition AUTHOR: John Paul II, Pope.

Given in Rome, the day January 25, 1983

In the work of pilots and commentators is the first legal construction of the theory of partnership with the difference that was made between partners to the crime and partners in crime – with a lesser punishment for the latter, a distinction that corresponded to modern doctrine between postal and accomplices.

The sequencing of responsibility between the author and their accomplices, which was outlined in the statutory right under the influence of the practical way to modern law, from Carolina to the Codes of the nineteenth century .- The latter (with the exception of the French Code 1,810 1.791 follows that of sentences that equated the perpetrators and accomplices) punished the participants with the same side as the principal. In Italy were inspired by this principle, the Code Tuscan, Sardinian-Italian and finally Zanardelli Code of 1.889.

In our legislation to be prepared the Draft 1.916, the Peruvian legislature retained a large part of the provisions of the Code of 1.863, but modified some and added others. The innovations introduced are shy receptions 1.906 Argentine Project, the Draft Swiss Penal Code 1.915 and 1.881 Dutchman. The Swiss influence is evident in the power given to the judge to mitigate the pain of secondary complications. These rules were retained in the final, while Argentina was marked influence, becoming particularly evident in the way how to describe different forms of participation (Articles 23, 24 and 25).

We believe that the result reached by the Peruvian legislature is not positive. The diversity of sources used, without having carefully coordinated and certified, could not facilitate the development of harmonious and clear regulation of the problems involved in participation.

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