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Posts Tagged ‘criminal’

Criminal Law Concept : Background

From a crime in the ancient criminal law may be committed by one person or several, we can say that the Italians were the first to try to organize the “drug related crime.” The Romans did not know a general scheme of the competition of people for a crime, but the rules dictated by the various types of crime. So when dealing with the murder, established the responsibility not only to the perpetrator, but of everyone who had been a cause of crime. But recognize and distinguish various forms of competition and the activities of the partner in crime. It held the fragment of PAULO, which, in connection with theft of a beam, we analyze the different contributions of the robbers, according to the principle of division of labor. The various figures of the partners were accomplices, post office, helpers, accessories, executors, participate, designating the immediate perpetrators as “major crime” and those who had paid to the leaders or the perpetrators as an aid materials known as “Ministerium.” Admitted the competition was negative (shall be punished with the same penalty that having failed to prevent crime, not prevented) .- Read the rest of this entry »

Criminal Law Concept : Introduction II

The importance of the subject is given as we intend to publicize the need for judges, lawyers and prosecutors not stop the application of this figure in cases appropriate to base with a dogmatic approach, thus avoiding the impunity that crimes committed jointly per subject and face a lack of precision in concept the most responsible, the heads of criminal gangs end being punished just as mere accomplices derisory sentences, or vice versa simply using involvement in co-authorship become disproportionate to penalties by participating.

In this paper, we determine the true meaning of article 23 seeking his genuine CP reaches the standard wings correlating and integrating other punitive provisions looking to throw some political and social assessments which inspired the legislature to regulate the forms of ownership and participation. Read the rest of this entry »

Criminal Law Concept : Introduction

Before dealing with cases of co-authored the national legislature has regulated as a form of “participation in the offense”, let us once again, due to the persistence with which judges and lawyers called authors to the cases mentioned in Article 23 should only be classified as such that directly execute a typical action and those who carried out through an intermediary acting material (author mediate). While the determination of the first was made by the legislature to develop each type of law, that of the latter, is the work of the doctrine. Read the rest of this entry »

The crime victims outside the detection to get you an injustice. If the investigation is organized around the victim then the punishment also designed for this purpose. The bulk of the punishment will be to indemnify the victim. In addition to an extra amount paid for the inconvenience and cost tracking. Read the rest of this entry »

Criminal law, also known as criminal law, includes, by a country’s legal norms those prohibited by certain actions and be linked to a punishment as a legal consequence. As the target of the criminal law applies in particular to the protection of certain legal rights such as life and property and the safety and integrity of the state and elementary values of community life. Possible penalties are not applied in all countries, including the fine of imprisonment, the most serious form of corporal punishment as well as the death penalty.

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. Read the rest of this entry »

In libertarianism is only one crime and that is aggression against a person or property of that person. A legal action for any crime does not seem to grasp, but the definition is so broad that it is sufficient to define crime. However, major differences with what is currently seen as a criminal. Read the rest of this entry »

Exercise of their function

Prosecutors assume unipersonale causes, but most of the laws, for reasons of better care of the process or because of their complexity, size, importance or significance, the authorities of the Attorney General may provide that a prosecutor take over the care of the case (or, again, can be assigned to one senior hierarchy). Moreover, a prosecutor can not conduct research or engage the public on certain criminal offenses (and must be replaced), when configured in its connection a legal grounds for disqualification, which are generally based on individual interests in the crime or friendship, enmity or relationship with the participants of that fact. These officials, in cases that are in charge, exercise their functions with independence and autonomy, under the principles of legality and objectivity and should take all steps as may be conducive to successful research, being responsible, in exercising its functions in the civil, criminal and disciplinary.