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!

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.

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 …”.

The substantive criminal law describes the conditions of criminality (offense) and their legal consequences. Legally, it is regulated in the Criminal Code (StGB) and in numerous nebenstrafrechtlichen, specialized rules (for example, in foreign law or in the Medicines Act).

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