Finger Swollena After Shoveling Snow

Hi everyone! Merry Christmas!

How do we the last days of 2009? For me there is no complaint, being as I am skiing in the Pyrenees, though the weather was not as it should. Not to be three or four days, that of the mountain come to me I feel fantastic. Do you have any New Year's resolution? Will quitting smoking? FREE list of the gym? It is the time, you know.

Finally, we will as we go. I had told myself I would not write on the item you see in the head for several reasons. The principal is to be be eager to get into a major mess, since it is a very thorny issue in itself, leaving the whole media issue out of it. Neither wanted to write because, to be honest, I have not read either the text of the statute or of the action, so that I know about the topic is based on what I read in the newspaper and what I remember of constitutional law (which yourself silly, 4 years ago I studied). Anyway, finally, as you can see, I decided to throw because I think an issue as important as this should be treated on a blog like you have before you. That said, I throw myself into the adventure.

First things first: What is a Statute? In short, we can say that is the rule governing each Autonomous Region after the establishment (CE). Important things to note: 1) Mechanism for approval: The statutes are approved by law (organic) of the Parliament following the proposal of regional institutions. 2) Content: The laws can only deal with those powers available to them in accordance with the EC.

Like any other law, the statutes are subject to constitutional control exercised by the Constitutional Court (which, incidentally, is 5 minutes from my dorm), if brought before it an application or a question of unconstitutionality. The main function of this court, very briefly, is to ensure "legal hierarchy", ie any law contradicts the EC (if not this dog would pixa) and from a legal point of view has important political function da-men-tal. His appointment and the present situation (of non-renewal, etc ...) can, of course, be criticized, not, in my opinion, the institution itself or its legitimacy to study the constitutionality of the statute. Who else should? The balance between democracy (read the statute approved by referendum) and rules that regulate (ie control of the constitutionality of the TC) is always tricky, and something that should be weighed carefully and after thoughtful debate, even though these words seem contradictory today.

Well, now the purely personal analysis, which will add to the rivers of ink already written about this: Why are so tied to the track? As I see it, the creation of Autonomous Communities by the European Commission left the door open to both a centralized state model as a federalist model, so to speak. Failure to resolve this issue allowed the EC to approve, and everyone was more or less happy. What happened to the statute is that Catalonia has tried to pull the string toward the federalist side and this has not liked anything in certain sectors, throwing them to bring the famous resort. Then of course, the TC has been above that for a brown why: not only has to say if the statute is complying with the EC, but at the same time to solve, once and for all, the question of territorial model Spain. What do I think it will? In January we will see, but it gives me that dodge the issue as best they can, leaving the debate for later.

leaves two thousand matters to discuss, but I think that this is enough to end or beginning of the year (depending on when you go to read this.) This 2010 is durum, including competitions and the (inevitable "?) Secession of Catalonia will certainly cut fabric on the blog ...

Until then ... Happy 2010!

Pyrenean Hugs!

When I Turn 21 Do I Need To Renew My License

The

Hello!

All right? Here in the capital makes freezing cold, even snow has fallen this evening, giving us all the college a Christmas scene that why. We had a couple of days through-all-the-world-known "Christmas Party", where the rookies had a chance to make the sentence a long time, free at last and for what we have left in the convent of any hazing, what a relief. Well, as often happens at this time, everyone starts to return to their homes with their families for Christmas. I hope to get to Zaragoza without problems (do you can believe that there is no direct bus Madrid-Huesca?), But with the cold hits me I have them all ...

Come with today's topic: the public trust . So at first glance it might seem that this is some kind of religious doctrine or something, but nothing is further from the truth. In fact, the question we will try to answer today is one that no doubt you will have made more than once: "Why notaries charge so much if you only have to take an autograph? " The truth is that the issue is not simple try, but otherwise notaries and registrars are a fundamental part of our legal system, so that we can not forget them in the doctrine is divided. Not to vary, the four things that are then put personal thoughts without manuals and without consulting anyone, so tomáoslas as such.

Let's see where to begin ... Well, as I said here ever, under our law the principle is of autonomy that does not mean that everyone else does basically what you want, provided they do not interfere in the rights of others. This freedom is manifested with particular force in contracts, in which we force ourselves to give, do or not do something. As a general rule, contracts (nonverbal) are reflected in private documents, ie, in a word document more or less clearly spelling out the obligations of both sides and ultimately signed by both. Well, there are certain contracts and certain acts which, by its importance, its effects and the involvement of third parties must be made in a public document (aka-Also Known as- deed). Let me explain with a couple of examples, which may well be better understood.

If I buy a Christmas present to my brother I am carrying out a contract of sale which in fact is reflected even in a document (perhaps in the ticket purchase), because 1) the low amount of purchase and 2) there must be a certain speed in the "legal transactions" (expression of the race where they exist). So every day we make a lot of acts and contracts without even realizing and without any problems. Now, what if I buy a house? The purchase of a property is much more serious, both quantitatively and qualitatively, what guarantees are also higher , of \u200b\u200bcourse. Thus, the purchase of a property must be by deed and be entered into the registry of property, in other words, must pass two filters to ensure that the sale was successful . And does that mean? Well, we made sure that seller and buyer are who they seem, that the house is being said, the seller can sell the same, which have paid the relevant taxes and have not been infringed third party rights , among other things. But

this is not everything! (And I finished). Keep in mind two things:

1. With writing and recording we ensure that it is aware of the act or business , thus avoiding problems of proof in an eventual trial. A private contract is much easier to forge a public document, in which the notary swears (hence public faith) of what is contained in it.

2. If you have problems with writing to the log t anto notaries and registrars are subject to a strict liability regime , which means they can get to having to repair the damage caused by their mistakes. For this and the importance of the role is to develop what they charge both notaries.

Finally, the example I set for the sale of property is one of the classic examples, but there are many more acts and transactions that must be made by public deed: powers (licensing), wills, corporate events, etc. .. Menudo

temita for a Monday morning, go to another. To see if I can access internet and write something more light before the new year.

Until then, abrigaos well and pass a merry Christmas!

また ね!

Desiproject Train And Bus Groping

Public faith doctrine First Birthday!

Hi everyone!

I know I have been a little neglected lately, but that is what has changed this whole city and start to competitions and such and such. Anyway, I made a promise that I maintain: paradeta endure open until the body says enough. That is, more or less until May, when they called my competitions and I will be studying 12 hours a day. I can not wait (say sarcastically).

Well, here we are. Just a year ago today, during a break from the study of private international law, began to walk this blog. There are going to get sentimental, nor is the plan, but not bad, do not you think? 1 year 50 posts and not know how many visits. The truth is, rereading some little article, I'm pretty happy with the result today. We treated a lot of issues (more or less) to the right and I think for the most part, are left to understand. Nor prentendía this blog was much more than that, a place to make "The Right" was a little more accessible and to give vent to my legal freak.

That said, I want to make a small selection of things to read this holiday season, both this blog and elsewhere. From what I see out there is something that is customary, and as this blog is to last (note the creative commons license to right) will not be less. There he goes.

1. My favorite post: The proportionality.

2. Post more fun: I'm between two; doctrine is on vacation and legal dilemma. Judge for yourselves.

3. Most Viewed Post: The retroactivity. When you are in class, the first thing that law students is to search Google.

4. Blog to follow: Or the Timothy Garton Ash of or Sanchez-Drago. Each one you prefer.

5. Book entitled: As always, "The right and vice versa," Thomas-Ramón Fernández and Alejandro Nieto, Editorial Ariel.

no longer think of anything more ... Any suggestions?

holidays are approaching and the holidays and just do not know if I'll have much time or energy to write, but will try. Until then ....

A treatment! PD

Then the surprise guest at the birthday party ... ZAP!

How Long Does Chest Infetion Take To Hael

Or as is known for its boring name: the doctrine of estoppel.

How are we? I took two weeks and installed in the capital and the truth is that everything is a fable, almost certain it's because I have not yet made serious study (in plan 12 hours a day). Study hours apart, the truth is that here there is nothing wrong, people are not as crazy as it may seem at first ("100 people locked up 10 hours a day studying? This can not end well ...") and inviting place to study, since there is hardly anyone in the common areas except for lunch and dinner. All very well, well.

On the other hand, before we get to the topic, the blog headlines (or bronx): 1) In two weeks is a year, which will celebrate in style, and 2) The month of November there were 701 other visitors! (Great video of the boy, vid. 2:20 minutes.) Burr, right? Of these 80% are visits between 0 and 30 seconds. You have to see how fast you read today's youth ...

eeen end, we will as we go. Today I bring a rights issue, pure and simple: the doctrine of estoppel . Why? Because out in item 2 that I studied last week and I'm reviewing it because it is a subject that is not more known. It's a bit like the retroactivity or level of care : sale everywhere today, tomorrow there. Come, now without further ado: What's all this estoppel? Do you eat? If it gets wet it evil?

This concept of Anglo-Saxon origin to saying that a person is bound by the acts performed, including the unilateral . That is, I force myself not only through the contracts, but also my own actions may also have binding effects. The maximum Catalan "Ara ja ho has dit" plasma quite well the spirit of this rule. However, the act in question must meet certain requirements:

1. Advertising.

2. Will generate legal effects (which does not occur with the Conas, for example)

3. Not depend on the actions of others.

The importance of these three elements derived from the foundation of this institution, the good faith and that others can trust that I'm going to act the way they say. What a mess, right? Better get a sample that has little to do with law, but to help clarify the issue.

Imagine that I tell someone: "I will arrive at 6 in the Latin (or Zurich). See you there." This is an example of a unilateral act and as you will see more or less meets the three criteria: 1) The other person knows the act (I told you) 2) The declaration is a commitment (reach 6), although is not strictly legal, and 3) is independent of what the other says. To sum up, I am committed and I have to comply with what I said . Why do I have to meet? For because good faith tells us that in principle if I commit to something is to accomplish and not to screw the other life and because the other must be confident that I will do what I said . Can you imagine a world in which we were to assume that everyone is going to fuck ("bad faith")? We would not go anywhere ...

Last two statements: 1. With regard to international law estoppel doctrine is especially relevant in the recognition of states (there's that). 2. Not to be confused with the Doppler effect .

That said, I go to school.
Talu
! PD

I may have invented the requirements and, in fact, what is the estoppel. Any correction is welcome.

How Many Minutes Do We Gain

The Alakrana Estoppel and obligation to prosecute crimes

Guybrush Threepwood, the most famous pirate of all time.

Hello family! "I missed you had?

For almost two weeks since I wrote, and this I noticed me and what I imagine you also will notice you. We agree, we can not get along without learning something new law. First of all, you deserve an explanation of why he I write has been missing for two weeks. Well, as I imagine most of you already know, I've moved to a College in Madrid and have been very busy this week with moving and getting the issues of meeting with the opposition and language trainers and all that Easter . As if this were not enough, I have no Internet in the room, which I plug every once in a while and does not plan to monopolize the only computer that runs the whole school. This is being a bit of a shock therapy after my addiction to the Internet during my two months off. Anyway, let that not what we have all day.

I promised two weeks ago, when the crisis was at its peak, a post on Alakrana. To not break my word, and as in any case it's Alakrana served me an excuse to treat a purely legal issue (better we get into politics), here we go. Summarizing much the theme: Somali pirates hijacked a few tuna, the "Alakrana" I know not how many sailors aboard, and the government failed to release three or four days ago, after much trouble. Part of the problem was that the navy had managed to detain two of the pirates, who in fact had been brought to Spain to stand trial for crimes against physical integrity sailors and of kidnapping and such. I wanted to speak about it today.

and in Spain, so I have understood, in most of continental Europe, governs the principle of legality (that silly has 200 different meanings), which is to say the following in what we now interests: If the prosecutor (who has been the case) think about the evidence they are who may have committed a crime, is obliged to investigate and bring him before the magistrate. So when the Navy stopped the two pirates, and data were available, there was evidence of a crime, the prosecutor was required (I never tire of underline) investigar el crimen. España no podía, por lo tanto, simplemente liberar a los dos piratas y devolverlos a Somalia, ya que eran sospechosos en una investigación en curso. Se barajaron bastantes opciones, pero en cualquier caso tenían un percal considerable.

¿Esto es así en todas partes? Pues no señor. En EEUU, sin ir más lejos, funcionan de un modo completamente distinto: el fiscal (attorney, si no me equivoco) tiene mucho margen para decidir si investiga o no un caso , además de que se le elige mediante elección popular. El ejemplo más claro es aquél en que el fiscal no acusa a alguien de la mafia que está dispuesto a declarar en contra de los jefazos. We've all seen a thousand series and American films in which this is clear. So, what would have happened with the U.S. Alakrana? It is hard to say (do not negotiate with terrorists, son), but at least they could have left the two pirates free without having to tear their clothes.

I will not come to appreciate if one of the two systems is better than another because: a) this post is already long enough, and b) as a teacher of mine said, "that in the end are cultural things." In any case, what do you think? What is more practical? What is fair?

I have some issues on international treaties that you will love. Early in the doctrine (no, just kidding).

A guard!

What Kind Of Trainer Are You Platinum

Small differences (III) The impartiality of the judge

Hello!

Newsflash: I moved to the College next Thursday, in a week. I probably go to Madrid a few days before to prepare the ground (look for furnishings and such), but in any case has reached the moment of truth: the opposition is closer than ever. What a relief!

We already ours. I want to make a post about the abduction of Alakrana, but I have some doubts about the terminology that prevents me at the moment, so instead I bring you the third installment of the small differences ( here first and second here) with two terms of those that fit you like it or not after 4 years of career, and raise real. Best start for "real", which is more complicated and left it easy for the end. If you do not like, what you say and edit in a moment.

1. Real. In the language of everyday "real" can mean two things. The first is q ue is about king, queen or the institution of the monarchy in general, so we talked about the Royal House, Real Madrid or peacock. The second definition refers to a Quelle is tangible or perceptible, and opposes a fictional . So I can say that the computer from which I write is real, and that unicorns are not. Details lexical and philosophical considerations aside, this is more or less the normal definition of "real."

And what right? Nothing to do, ma'am. The most used meaning in law is that which comes from the Latin res , or thing, and is opposed to "personal" . It makes sense, then, the classical division students crushed us every year between real rights and personal rights. And now to see how you explain me what are the real rights in three liarme sentences without too ... Let's see. Real rights are those that are linked to real (or things) specific example being the basic and fundamental property. They are often opposable erga omne s and also tend to be listed in public records. Mother, that no one can understand. I better give you an example.

Imagine that I own a flat. My right is real because it is projected on the floor in particular is in the Land Registry and is enforceable against third parties. Now imagine that I do a lease with Manolo floor and then sold it to John. John, radiant in his new apartment, comes and sees that Manolo has seized the room. The right of Manolo to be on the floor is not real, but that is personal, because it derives from a contract that transfers the floor. Ie John Manolo can not tell you anything, even if a contract for 5 years and have only spent one, because he had no idea that the contract even existed. If instead of a lease would have been a usufruct (soon more on this word) for Manolo, the right has been registered in the Register and John could not throw a Manolo the floor until it was extinguished. Conclusion: This is a calico that do and will need a post devoted exclusively to this. Some school registrar or notary find to enlighten us.

2. Source. A source is, in the vernacular, a place from which water flows, a spring.

speak In right, again and again, "the sources of law X" where X can be any area of \u200b\u200blaw you can think of: labor, international, civil, criminal, administrative, constitutional and so on. Here "source" has the sense of origin, the process by which the rules are accepted as such valid. Important to retain: varies, more or less, depending on the area. The collective agreement is a source of labor law but not international For example, although the treaty may be on the other hand sources of employment law. And I better not see that we are dangerously close to the philosophy of law, undermined field where they exist.

torture you leave already. Soon

post on Alakrana promised.

Where To Buy Jockstrap Kuala Lumpur

THE CHALLENGE OF VOCAL II

As I said in the previous article. 2 members recused Institutions of the Fifth Criminal Chamber of the Superior Court of Lima, on reasonable grounds (Art. 31 of the C. of P. P) for doubting his impartiality. Was accompanied by the evidence thereof (instrumental) which demonstrate that our motives founded. An objection is a right of individuals, was responsible. Be it resolved by the members of the Sixth Criminal Court. There just in front.

This objection was raised, three before the hearing of the case (dl inc.2 C. PP Art.34 as amended by Leg. 959). The Collegiate responsible for dealing with the challenge, with unusual speed, issuing its order declaring that UNFOUNDED Challenge. Here the problem. The Chamber admitted the challenge, but I did not run VISTA HIGHER TAX. Notified of the decision of the Board, in accordance with law and with the receipt of payment of the respective rate, we propose Appeal. Why, because there is a plurality instance (inc 6 of Article 139 of the Constitution of the State. Art. 11 and Orderly Unique Text of the Organic Law of Judicial Power. Art.X Preliminary Title Code of Civil Procedure). But they know that the Board resolved? Issued a resolution saying that suited our appeal, as if out of Nullity ????. Please where we are in the Andromeda?

What should make the Hall, was run Vista Prosecutor. Then decide. Report, and against our appeal, grant the appeal as being pointed to above. But no. As the vocals are awesome. We wanted to force us to accept that ours was INVALIDITY and no appeal???. And wonder who are the procedural rules? Are not mandatory under functional responsibility?. And it's the constitutional standard is above another lower-level standard. What has violated this Court is that trampled the procedural and constitutional standards, not having granted our appeal, and force us to tricks, to accept their absurd positions. In the end they got their way, saying that we had not accompanied the receipt of payment of court fees, even though my client was the defendant, not plaintiff. Compared to this unique decisiciones tosuda Criminal Division, pose for rejecting complaint Exceptional Invalidity. And said no.

Now I wonder who will defend these judges?

Well. Here what has been committed is a crime of malfeasance flgrante. This is because the Board has decided contrary to the law Festina process. In compliance with the Plurality of Instance, should increase the appeal file to the Supreme Criminal Court Act But call it. They are the judges and the rule applied under the circumstances. According to the names of the lawyers, because if the appellant had been a large, well-known example Nakasaki if they had formed the book challenge and would have gone to the Supreme Criminal Salal. Now we are waiting for resolution Finally, on the appeal of the acquittal that favors my client. Not attend the hearing of the case by two judges to be disqualified as mentioned before. We will see that resolved. But it certainly will not allow in any way, pardon the redundancy to any defense, non-Haute or economic power. The law is to enforce it. Did not say that all are equal before the law? Finally I ask, because there will be rotated Judge Vidal Morales fifth dla Criminal Chamber? And the constituents of the Sixth Criminal Court has made this legicidio be punished? Amen.

Lifefitness Elliptical Calorie

Hello family!

As I said in my last post that I contested to go to Madrid does not mean that you are going to leave without doctrine, and here is proof. Before entering the rag with the fundamental issue of today you can see in the title, a small personal note: I'm in Barcelona, \u200b\u200bI estimate the move will be late next week or early next. After so long without much to do seems to have reached the moment of truth. Hallelujah!

The impartiality of the judge is a huge issue in law, and I think everyone, right shysters as we lay in more or less internalized. Apart from its importance, there is another reason that leads me to write on this subject just now: This is a news I read recently in the Daily Mail, which is said to from now in the United Kingdom judges no longer have to state whether they are Freemasons or not. In addition and more easy to understand why it is said that "justice is blind" and is often represented blindfolded. I am so, do you want ... Let

a couple of thoughts about the fairness in general and how it is ensured before realizing why it is relevant to the case I mentioned above. Well, judges are responsible primarily to resolve conflicts. They are by no means the only way to solve the brown people, and in fact the lawyers often recommend let the judges out of trouble as long as possible ("prosecute the conflict" in leguleyo), in other words, is far better to agree to bring a case before the judge (time, money and physical and mental health in general).

When the agreement is not possible between the parties is when the judge takes action, which basically is nothing more than a third person who has the ability to enforce its decisions (which may embargarte current account, go .) No, I lie, it's much more than that, but for the purposes of this post this definition and we better. Then of course, if he is going to solve the conflict is an outsider at the same interest that we really may have nothing , otherwise it gets "justice and" effective remedy "in 24 CE? In all, you have said.

Very quickly, the mechanisms to avoid bias or to ensure fairness (which you like best) are basically two: the challenge and abstention. In the first the plaintiff or the defendant tells the judge "you can not judge this case because it is associated, for better or for worse, with one of us and therefore can not be impartial." The difference with the abstention, as ye shall have guessed, is that in this he says the above are not the parts but the same judge. Causes allow disqualification or abstention: vid. 219 LOPJ art. Not go into all the roll of judge predetermined by law or crimes of trespass because it never ends.

And to stop why the example of the principle. What of the Masons is important because it is a judge's secret status, so it is very difficult for the parties know that it is given. Ie, it is relatively easy to know if the judge if I have a hobby or a relative or BFF other, but if both are Masons is very difficult to get to know me, hence the registration.

I leave you with a photo of the statue of justice of the Supreme Court of Canada in Ottawa. There is blindfolded, but it seems equally impressive.

Soon more!

Dental Mistress In Leather

doctrine will Madriz

Ladies and gentlemen! Children! The moment everyone was waiting for has arrived! Your

particular doctrine has finally received the call that summons in the capital of the kingdom to begin with the opposition. Do not go thinking that abandon you and that you are going to be without such source of knowledge, that's nothing. In short, the whole issue of refresh rate, such as what we will see progress. For now, I leave you with a few images of the capital.

Finally!

All very good, very imperial.

In a separate note today, and that does not say that here there we speak of law, Vaclav Klaus, Czech President has finally signed the Treaty of Lisbon. It seems to come into force in December this year.

A treatment!

Template For Tech Deck

The purpose of the sentence (I)

* Post to read, preferably with ominous music in the background *

Hello! Happy All Saints Day and / or Halloween!

disguise I hope ye all of one thing or another to celebrate the occasion. Last year I dressed up as Canadian (costume fun and provocative as they come), but this year in that he had no plan and had no too many ideas the truth is that I limited myself to go with the dress of "opposition in the making" that I have been normal. Before getting to today's topic let me briefly mention the Hall of Manga: Although you do not like too the world of manga and animation worth going to see this show at least once in their life. What people, my mother, who disguises, they do. And I considered myself "geek" ... Like everything in life, the things we are more outsiders are most helpful, using the English expression, to "Think Outside the box ."

Without further ado here we go with today's topic: The purpose of punishment. Indeed it is no coincidence that specifically address this issue today. If I'm honest, this track is my personal horror story of the race, not so much because of its difficulty but because, when zombie, refuses to die. I have given the purpose of the sentence in first (legal theory), second (penalty), third (criminal politics) and fourth (philosophy and environmental criminal law), and why I took the optional economic criminal law. Sure, there comes a point where they get sick, and with the limits and guarantees the right to punish (ask him to any law student on the STC of firearms, to see which side gets), which we discuss later . So, it all started in a abandoned castle on a cold stormy night ...

State Before the problems were solved through self-help, ie, that each manages and could : if you steal my horse, I'll steal the next door or you will steal the harvest. If you kill my brother, I kill you or kill you or yours. Here's how the topic until someone saw it and were not going anywhere and decided that the State shall maintain peace and social order. So the thing has remained until today : people give up "to take us the law into our hand" to the State, in charge of punishing criminals . The debate on "the purpose de la pena" es aquí donde surge, e intenta responder a las siguientes preguntas: ¿Qué tipo de pena hay que imponerle al criminal? ¿Cómo y porqué? ¿Cuánto tiempo tiene que estar entre rejas?

Ya os avanzo que la doctrina y los jueces han terminado por determinar cuatro finalidades o justificaciones distintas: retribución, prevención o disuasión, resocialización e incapacitación . Ya iréis viendo que en función de la perspectiva que cojamos todo el sistema se ve muy distinto. Además se trata de un tema que no es baladí, ya que de un modo u otro sale en las noticias día sí día también. Espero que estos posts os sirvan para entender un poco over the (unpleasant) part of this world in which we live are the events.

to end Let me tell you in two sentences the purpose easier to explain: l to pay . According to this view is to impose a criminal punishment because he deserves it, and is summarized in the famous "eye for eye, tooth for tooth" . Positive aspects: we all like that "justice" and introduces a proportionality test: if you steal my portfolio I can not kill your family. Negatives: It is very difficult to calculate the exact proportionality of a particular crime with a penalty in the current system. I think a couple of examples may help clarify this:

- Following the "eye for an eye", would you rape a rapist?

- What penalty is imposed on a scammer? Would you cheat on him? Complicated ...

has been a bit dense this post, right? The next will be more entertaining, you'll see.

not let the zombies eat you ce l ebro!

Tops For Knee-length Skirt

Rock, paper, scissors

D'oh!

Hello!

Last night, as I said in the previous post, I felt particularly inspired and got nothing but a Mafalda comic so it does not say that this blog is not updated. The truth is that I have thought a few issues, but watching TV this morning has left a notice that I am compelled to comment, this time from the right. If no more than turn the TV to see what I said long ago that the right is everywhere true. And if we add that truth is stranger than fiction often have a pretty picture.

The news, published in El Punt de Girona, would become the following: guy three additional berths with a cutter and, once you have all your belongings, give them the opportunity to recover all game of rock, paper, scissors . As winner takes the loot, but this does not prevent the three boys he reported to the police, who soon will stop. The prosecutor asks for 4 ½ years in prison for a robbery with a dangerous weapon (Article 242 of Criminal Code).

Commenting on the fact on TV, the commentator asked a question: How do I assess this justice? Well, since this blog we will try to answer this question, as far as possible and, hopefully, with your help. I will not go into explaining what is a crime not guarantees of authenticity, etc, etc, but I want to focus on the issue of aggravating and extenuating circumstances, transforming the question as follows: "Allowing recover the loot to their victims in a game of rock, paper, scissors should be appreciated as an aggravating factor as a mitigating or should not have an effect? omit for reasons of space that the aggravating factors have to be expressly provided for in the Code.

1. Rating as an aggravating . The aggravating circumstances of the crime which, by their dangerous or harmful as they are, either the victim or to society (yes, I think everyone should use the "for" more frequently), deserve to be punished harder. Man, hardly be more dangerous rob you with a cutter to rob you with a cutter and then allow you to recover the stolen playing rock, paper, scissors, even if only in jest. It's true that you think "host, not only steals my purse but was messing up, but do not think this is sufficient reason to further punish the guilty.

2. Rating as a mitigating . The mitigating works a little differently than aggravating. Besides being the circumstances that reduce the danger of crime (see, for example, the CP 242.3) also go here all that affects the willingness of the offender and his attitude to crime (ved on 21 CP), such as confession . That said, it really is less dangerous than what we offer you these guys were offered? If we look at the possible outcomes of the game, ie a) wins and takes it all, b) lost and returns c) loses and takes it all, we see an option without the game (b) which is beneficial to the victims. The fact is that, if given the option b, but certainly other mitigating factor would be to return things and not to offer the opportunity to recover, which leads me to the third option. Imagine the situation if this was a mitigating factor:

Judge: - And the defendant is guilty of theft with mitigating the game of chance. You
(victim): - Hear, but If I stole my well, I had no phone and no wallet.
Judge: - Yeah, but you said expensive and does not cross a shame.
You: - But, but, but ...
Judge: - The meeting adjourned.

3. No rating . This option is more reasonable in my opinion. The very act of giving someone the option of retrieving their belongings (in the case of theft) in a game of chance not think I should have an effect on the sentence. This should only happen if the victim "wins", and if the punishment will be reduced by minimizing the injury and not having given the option to play. As shown in the example above the result is quite absurd.

Finally, how do you see yourselves? Any criminal will be encouraged to do a more in depth or to correct at some point? In any case, forgive me for the language, the f **** is this guy. Point

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Soon more!

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talks Mafalda The detention policy

Hello!

Today I feel particularly inspired, so I put another voay comic which talks about politics and why not also of law. If someone finds a picture or a comic that reflects the current political situation in a more synthetic me know. Menudo is made, the Quino. Nothing more, you know that that is worth a picture ...

Soon more law, I give you my word.

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Libreeee, like the sun at dawn I am libreeee ....

Hello!

One notícias today is that has been left free to Millet after his statement to the judge by the many crimes he is charged (appropriating funds Palau de la Musica, etc ...). I want to make a very brief post on remand, so that you understand a little why this decision.

Article 503.3 of the Criminal Procedure Act provides res t causes that allow the judge to order the detention of the accused in criminal proceedings, provided that a) there is sufficient evidence that there has been crime and b) there is sufficient evidence that the defendant is guilty. The causes are:

1. There is a risk of absconding.

2. Prevent concealment, destruction or alteration of evidence relevant to the case.

3. Prevent the further production of the crime (for eg domestic violence).

Keep in mind also that the detention is reserved for those cases "dangerous", so if you can achieve the same goal with a less damaging to the defendant's release should be well. That is why they have been withdrawn the passports of Millet and his right hand, Montull.

Something very different is the subject of the security (Articles 589 and ff LEC) which aims to ensure the liability resulting from the crime. I suppose the accused returned as part of what has been withheld from the judge considered that there was no need to impose a bond.

said, it is understandable outrage of the people to see that two scoundrels these fields as wide as the street. Al post material justice I refer.

Hope this help you to understand, even to disagree, the judge's decision. That's what this blog, after all.

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The first refusal

Hello!

How are ustedeees? Around here we like last week and as above, no news on the front. I'll start without further delay, and in response to a request from a reader of this blog, with a somewhat complicated issue but I think it's interesting anyway: the right of first refusal.

ubiquéis To give this issue is addressed in civil law and is quite common (not, heaven knows, the antichresis of 1881 of the CC), so would not be surprising that sooner or later you come across this institution. The right of first refusal in itself is not difficult to understand, although the interpretation of the courts and the doctrine (which, as usual, is divided) causes occasional headache. Put on the caps think, that we will do so.

First things first, is this what it is? I'd better explain with an example. I magina that John wants to sell the car to Antonio for 5,000 €. If I have a right of first refusal before selling the car to Antonio, Juan I have to say: - "What do you want?. The withdrawal , meanwhile, operates when John and I sold the car to Antonio, and allows me to rescind the sale. Such rights are called "stock options, because they give the person who has the first option to buy the thing. I can me confused with some detail, but I think the basic scheme would become this. I hope that here, either, although doubts are welcome in the comments below.

Although I like to get into divisions and subdivisions that both judges and professors enjoy doing, with regard to pre-emption there are two types that are worth highlighting: the pre-emption legal and conventional. The law is one that is recognized in one or another law (eg the tenant's lease on the ground, which can be found in 25 of the LAU), while the conventional is that a contract is agreed.

The legal problem that has this right can be reduced to the discussion of whether it is effective inter parties or erga omnes , terms already know if you take some time following this blog. This is a problem that does not occur in the pre-emption law, and that the rights granted by the laws are usually erga omnes (is not? An attorney to correct me?). Continuing the example above, a case of conventional pre-emption, the question would be as follows: if I have the right of first refusal to sell him the car Juan Antonio, to whom I can claim him? If you believe that I can yell at Antonio through, go to page 24 ( erga omnes), if you think I can only claim to John, to pass over 53 (inter partes ).

Arguments in favor of erga omnes: If I can not claim the third (Antonio) the right of redemption remains in anything, because I can not afford the car. Arguments against: Antonio purchase in good faith and he knew nothing of the contract we had me and John, he will not come with stories. Solution? No, the law says it is effective i nter parties and the doctrine that is erga omnes. As if this were not enough, in the case of conventional pre-emption in land comes into play around the theme of the deed and property registration, which are a mess that, if you feel like trataremos más adelante.

Ya podéis quitaros la gorra de pensar. ¿Alguien se apunta a seguir el debate en los comentarios? ¡¡Wohoo!!

¡A cuidarse!

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THE CHALLENGE OF JUDGES IN CRIMINAL PART I ROOMS

A very unique has happened to me in a criminal case. Specifically in the processing of a particular complaint, bone committed through a newspaper, charges regulated by art. 314 of the Criminal Procedures Code, amended by Law No. 22633. It was proposed that an exception Nature of Action, which initially was declared founded. Appealed by the complainant, Criminal Division reformadola was revoked and declared unfounded. Then he challenged the Judge of Criminal Court, who is inhibited from continuing to hear the case, and dsipone that cars are sent to the Bureau of unique parts of the Criminal Courts for distribution to Named by Law Judge

The complainant appealed inhibition, and with unusual speed up the matter to the Board that he had already solved the Exception of Nature of Action. The college also has an unusual speed, solve inhición revoke the judge, and ordered that he continue with the ruling of the complaint. A judge later proved that I can qualify for, issues acquittal for my client. Problems remain. The clerk of the court with the same unusual cars quickly rises to the Criminal Division. Again alarming rate notes with a view of the case. Wondering this lawsuit is so important that is dealt with this unique speed?

there not hundreds. Thousands of important files? Well, then why this case is treated well. Here the answer. Speed \u200b\u200bis given preference because the complainant is an active judge. So here is given the esprit de corps. Jaguar jaguar protects. therefore must be ordered and the defendant does not lock you up? If all records are processed in different rotating Criminal Chambers of Lima?

Then address these visible and apparent procedural acts of the unusual speed. Notifications for the hearing of the case irrgular as that is made with only one day in advance, in violation of art. 147 of the CPC which states that the notifications for diligence must be made at least three days in advance and art. Bounded 205 of which states that for the hearing of the case shall be made ten days in advance. That the President of the College who stays in that room more than three years without being rotated not know why, as always, is usually mandated by the Organic Law of Judicial delPoder each end of the year, and as I pointed out who had already settled revoking the ruling of first instance upheld the Exception Nature of Action and declared unfounded.

That decision reversed the inhibition of Criminal Justice, and ordered that it continue, will be an impartial judge to resolve the appeal of the acquittal? will give confidence to the defendant his act arrogant in the conduct of the act pr ocesal the view of the world Cause when a lawyer makes a word on oral reports? Eye have realized how gracious and forgiving they are when the lawyers who report orally belong to the law firms of Miraflores. San Isidro. Sounding names and surnames. Of rank?

And they treat the lawyer easy. Village. At trial lawyer? Surely if you have not noticed.

That would make an obvious bias against the gentlemen Members of the Chamber? I've been through that experience, and not weary you in another note after I tell them that as the Defense Mnisterio permits.

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¡Hola!

¿Cómo estamos? ¿Celebrásteis ayer vuestra hispanidad? Yo no estoy para muchas celebraciones porque entre que no me llaman de Madrid (no hay manera...), que veo la crème de la crème del país en páginas como "votamicuerpo" y que la desfilada militar daba bastante risa comparada con la de los chinos se me agota la fe en La Nación. Tampoco es que tuviera mucha faith to begin with, but boy, the state of things does not help.

Wear, as you know, a few weeks without much to do, so what I'm giving the reading. Right now I'm 100 pages from over Foucault's Pendulum, Umberto Eco, stilted and dense book, where they exist but not without grace, mostly because it's like The Da Vinci Code by Dan Brown but Seriously, if a book about Templars, Rosicrucians and Judeo-Masonic conspiracies can be serious. Is a novel which I recommend if you have enough free time, a dictionary at hand and all this stuff you are interested Conspiranoids. Have a look at the synapses wikipedia, if I have you to summarize the story we go to what interests us: the right! (I know what you like, oh yeah ...)

First things first. As I said once, human relations can be of two types of agreement or conflict. Broadly, if no agreement can be of two types: we can not agree because I want what you have and you what I have or they have the same goal. The quintessential example of the former is the sales contract, in that I have money and want your fridge and you have a fridge and want money. The contract that perform two or more persons to pursue a common goal is usually the society, especially if one wants to make money (Forget for the moment of associations and foundations). To learn more about the classification, operation and regulation of the companies I recommend to Law II, a subject that is devoted entirely to the subject. A master's degree in corporate law will also suffice.

Well, and what the hell does this have to do with the friend Eco Well have to see the whole book revolves around the "secret societies", ie groups of people who have the same objective but which agreements, decisions and operation is kept secret. Two aspects of these societies.

1. Code civil (art. 1669) denies legal status to companies that keep their agreements in secret and whose representatives hire in his own name with third parties. To see how to explain this to understand. Usually, when you create a company creates a separate entity from the partners, with their own assets and debts is answerable to the margin of the equity partners. Example: If the English Court will be € 10,000 can claim they are not the Koplovitz. However, if the partnership agreement for the establishment of the English Court is secret, you make a contract with the Koplovitz and will be € 10,000, the above can not say "cóbraselo the Corte Inglés", because you have no legal personality own. I do not know if it has been very clear ... Think also, last but not least, here comes the whole roll of proper and improper mandate and the distinctions between commercial and civil. Calico often ...

2. The Templars are a society dedicated to protecting the Grail, but this is not just a metaphor to hide the key to the telluric currents known by the Egyptians, Celts, Kabbalists Jews and Muslim mystics, which in turn give control of the earth, the lunar cycle and tides. Yet 600 years ago they devised a plan to be met in 2000 but could not for the intervention of the Comte de Saint Germain in the seventeenth century which prevented them to join English and French branches of the Templars, Freemasons, not to mention the Jesuits, who created the Rosicrucian secrets to get the Templars and avoid that they could carry out the Plan. Are those who believe the Protocols of Zion, thus giving rise to the Judeo-Masonic conspiracy and they're all the same and come to me because I know too much and can afford it and oh no knock on the door is they must follow safe rescue id my mission to Saint Martin-des-Champs in Paris and aaaaghhhhhhhhh

no attention to me, all this is nonsense and Scientology has nothing to do with any of this nor do we have carried to a place where Victor and not cause more problems.

A careful not to ask too many questions!

* Correction: It seems that Koplovitz has nothing to do with El Corte Ingles. Sustituidlo by Isidoro Álvarez Álvarez, president of the society according to wikipedia .

*

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THE CHALLENGE TO THE JUDGES FOR STORING

All lawyers and even law students, especially the recent cycles know that the Challenge of the judges are governed by Article 29 of the Code of Criminal Procedure. We're talking about the challenge on grounds . This is very clear. If a judge is within these grounds, and that nevertheless it is not inhibited, the remedy to tell him apart from hearing the case, recused. And indeed, if this challenge has been tested with indubitable document has to be declared unfounded.

But what if the magistrate is not of these causes.? We could not challenge. And then the judge will have to continue hearing the case. However, the adjective Code of 1940 still in force here in Lima, provides that if we can challenge the judge on grounds of manifest partiality, as foreseen in art. 31 of the legal body bounded adjective. But then we understand on reasonable grounds that show a clear bias of Judge?

According to the Criminal Procedural Law scholars say that grounds are systematic procedural acts in criminal proceedings, the judge made that harm to a party, and favors the other. Here comes the problem. Here the crux of the matter. What are these acts? Standard eye and says that these acts must be shown. This is worth some provincial prosecutors that when he runs trasalado Judge for the challenge, prosecutors generally believe that the challenge is unfounded. And the judges usually also provided these challenges on grounds founded the claim unfounded. This is the judicial practice. Then ask for that is this article in the Code of Criminal Procedure. Embellishment. A caramelito.

No. It is not by choice. If this body of law does not indicate clearly what these grounds, we believe that these acts prcesales systematic, for example would not notify litigants and properly due to attend the proceedings intra process. Do not allow the lawyer to read the file on the grounds that criminal proceedings are reserved. Not properly notify the decree provides for the parties to the opinion of Mr. Attorney Provincial. Failure to provide the letters in the word which marks the art. Unique and 153 of the Order of the Judicial Power Organization Act, but if it provides fast only one party. Get the judge in his office the lawyer for one party, but the lawyer of the other party. Ie is very flexible with a party, and the other will hinder your defense, blocked. Another such is is a party to Civil agriavado accordance with paragraph 54 of the Code of Criminal Procedure also empowers him to be present and ask questions in the statements of the other party and witnesses, when in reality he is entitled to be present diliegncias in and ask questions through their lawyer is the defendant in accordance coln Articles 157 and 158 of the limited.

These are reasonable grounds? For me yes. If you are serious grounds for disqualification of a judge. But these judges go on a tangent, and are shielded by saying that they do not report therefore can not be ascribe their motives to them. No. For me they are serious reasons. Judges because they are responsible for all of the criminal proceedings. And not taquito pass that responsibility to the secretaries. Why, because the judges in accordance with art. 49 of C. PP are or is the Director of Prosecution, and I do not come with the excuse that these acts are not reasonable grounds.

This is the classic move by the judges and not want to release the record. That is provided they are right. There are the grounds of manifest partiality, but as odd as judges. To do so as trial lawyers? For two letters insisting own merit and evidence. And if evidences the persistence report them to the OCMA, National Judicial Council, and finally to the press, because we can not allow some judges lively Creole / wimps distort the essence of procedural and legal institutions to the Ministry of wander Defense.

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GROUNDS OFFICE PROCESS SERVER OR ARRANGEMENTS

According to Article 20 of the Code of Criminal Procedure, as amended by the Legislature Dec. No. 959 still in force in Lima, and the following to Section 25 of this standard adjective, points the way to the Judges to proceed to the accumulation of Criminal Procedure. To that has been established that legal? To avoid contradictory judgments. Ie to avoid duplication of judgments in criminal proceedings there is a connection of people and events. It is known that paragraph 20 above shall be applied in accordance with Article One of Law No. 10124.

Why must also proceed to the build process? Of expediency. The rule states that if a judge has knowledge that another court is instructing the same procesado por los mismos delitos que instruye, debe comunicar al otro mediante oficio sobre este hecho. O si no mandar sacar razón y en todo caso puede solicitar el expediente y acumular si claro está se dan los requisitos para ello, siendo el más saltante que ambos se encuentren el mismo estado (estadío).

Bien. estamos hablando de la acumulación positiva o de la negativa. En el caso de que un Juez diga que él es el llamado para conocer el caso, osea es un Juez probo que le gusta hacer su trabajo de Juez, estamos hablando de una acumulación positiva. Pero miren el accionar del Juez del Primer Juzgado Penal de San Juan de Lurigancho. Será un buen Juez. Tendrá el perfil de Magistrado que reclama society?

turned 5 in his criminal trial summaries against the same defendant for the crime of Unlawful Bypass. He knew exactly that in his court were handled five cases. It gave the connection of facts and the same person. But not proceed automatically to the backlog of cases. Will have fulfilled their duties and responsibilities assigned to him by the Organic Law of Judicial Power? With this type of judge the status of individuals is ensured. Society will have confidence in these judges?

I think not. Why? Because the accumulation can be performed automatically did not.

And worse because even having applied in writing informing him that all these processes were in court in the state. Sent right out to the secretaries. They did, but after weeks. Eye and the reason was right there. The same court. No other courts. But, mother. So work it in the courts. Costiante here as this Judge. No accumulated OFFICE OR processes OR Despite his request by letters. There were only on grounds of secretary, who is out of date and did not resolve.

Then the Executive Council of the Judiciary, having issued an Administrative Order Odd that all records pass the First Transitory Criminal Court. It turns out that this judge again referred four cases to court. Ie got rid of these criminal proceedings. But he stayed with one. And not to refer this case. And you know when I went to talk personally to claim that reason has not sent the last record, know what I said, why do you want this case go to court Transition. Good God this is how some judges administer justice?

The judge's question is obvious. Is irrelevant. Fool. If, as we have mentioned were all in the same state, because it accumulated. If you did not want to continue knowing these processes to four of them refer to the Court Transient, why keep one? What is the interest of the judge? floats that question. Quedrá revenge for having reported on several occasions to the OCMA, where one imposed the disciplinary measure of warning? Will grudge has caught me by always claimed to administer justice according to law, and not biased against the other party?

The truth is that this Judge punishable negligence has caused injury to my client. Why? Because records are now two Office to resolve. And two are pending in the Court Transitional instructive. (Four) and one holds it in his Court

a thousand tricks. I ask because it accumulates these processes having been in court all in the same state? Finally, we must remember that the most serious process pulls the other minor. The `pull processes oldest to newest. But nothing. For this Maguistrado what counts is your CRITERION OF CONSCIENCE. Judge for you folks.

Publik Ejakulation Videa

For some time this part both in the judiciary as well as in the Public Ministry, as regards the criminal proceedings, and the preliminary investigation is in charge from the Justice, is giving a series of abuses and excesses by the decisive role reporters are taking the calls, responsible for delivering the ballots of notices with the court ruling and / fiscal respectively. Why these blessed reporters working for private companies engaged to distribute or deliver the certificate of notification, simply enter with some scribbles on the back of the ballots that have notified the parties to a case having left it under the door, are deciding even until you can take your house, because for a few suns more arranged with the other party and say I gave you notice under the door, when you do not received anything, or at your door and personally.

But his word. His doodle on the back of the card is law, period. The judge / prosecutor believe this reporter, and they scrubbed it has passed the word to challenge. Appeal and / raise on the appeal. Knight just have to lose your house, because, supposedly so the laws say. In this case the procedural laws. Wonder who defends the victims, who have had the blessed fortune that he has touched a notifier arranger? because now we are in the world of globalization more laws protecting the offender, the rogue, the rogue

making easy money at the expense of the humble people who have been cheated, scammed?

Look that has happened Don Luis Exp 396-07 Forty-four Criminal Prosecution Lima. This guy walks into a department store in Abancay, and buy a TV. Seller very helpful. Amable attended him. Then he heads home happy with your TV. After a week at home appears the seller supposedly wanted to know how is running the TV. Don Luis as any sane person gives attention and invites you to lunch. And here this zamarro tells Don Luis "hear you're losing money. Here you can build a hostel. You will make money sitting. If you like what we do. I have the Financier. The Architect. Everything. We do this in a two by three. He convinces Don Lucho, who makes the mistake of not communicating or exchanging ideas with their children. And did not say that these scammers had told him he has to sign an investment contract.

And as they had convinced Don Lucho and his wife, one day the phone call them and tell them to take a taxi, take their ID and go to a notary of July 28. Arrive,

and before going to invite a Notary Frug, which according to Don Lucho sonñolensa produce them, sleepiness, in other words the stun. Admitted to the notary and not even miss them sit, I said I'll sign out fast. And not allowed to read the document, which had remained as such was the Investment Agreement. Oh

Don Lucho and his wife had not read the document. And when a good day going to the Public Records to take a report on their properties, are given with the unpleasant surprise that three of its properties were registered to third parties. What had happened? Those chaps who told him they were going to build a lodge in his house, had sold their properties are so-called because Don Luis had signed a document granting power. Don Lucho almost died. But if I gave them no power, but they told me I was the Investment Agreement. Hence the problem. To make friends?

Don Lucho report this fact to the Attorney stated above. Research Preliminary lasted over a year. First the police in their conclusions said that if the defendants were allegedly responsible for the alleged offenses, fraud, conspiracy to commit a crime, misappropriation, against the public faith. But the Prosecutor sends extend the investigation for 30 days.

police then rises just a party and say it has been determined that the defendants are responsible for the crimes alleged. Don Lucho came and went to the Bureau of the Attorney to know the outcome and said Mr wait at home the notification will come to your home. And then when he was told to ask again: Lord your case has been resolved. Is filed. You have to make another complaint in another Attorney. Another one for Don Lucho. After horn sticks. What had happened? Prosecutor said that you have been properly served, because the notification notifjcador left under her door. And you can not do anything. His case is filed.

Mrs. Don Lucho says I do not have notifificado. That is false. The notifier has lied. Who is the reporter? Nothing. He did not even have wanted to identify the Notifier of yore. Don Lucho thus was fried. You can not go to the higher court, the Chief Prosecutor bone, because the deadline for filing the complaint had already past. Who decided the fate of Don Lucho and will run three of property collected by the sweat of his brow? THE BLESSED has notified. As the Prosecutor believes it to this reporter and who will believe Don Lucho? Nobodies because it is a humble man, elderly, sick and blind because you can not read well suffer from diabetes. So are things in this world of injustice.

as costiante here. He complained to the Prosecutor before the Internal Control. And resolve not need to open disciplinary proceedings to the prosecutor. Appeal. Climb to the Supreme Prosecution of Internal Control.

After an oral report, this resolves to declare Control Body found our appeal. Devolved back to the office and know what they do, again to decide that there is no place to open disciplinary proceedings to the prosecutor. But accept that Don Lucho had not been notified of the resolution decided not filed formal charges against those who timaron Don Lucho. This we call it a Galamatias Legal. A scam of Internal Control Body of the Public Prosecutor. No doubt is expressed here as the esprit de corps. Otorongo Otorongo not eat. But right now we are Don Lucho leave your home because scammers have raised demand for eviction from the only home he had left and where she lives with her family.

operators would be good law, the prosecutors and judges are removed or shake the clothing of esprit de corps, and have into account Article 161 of the Civil Procedure Code, and beware of BLESSED NOTICES.

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Secret Societies (V): De jure vs. de facto

Hello!

How are we? For here all goes well, after a very successful whirlwind visit to the capital in which I could do a little more to the idea of \u200b\u200bdorm where I live, if all goes well, until they pass the exams within three (fingers crossed) years. I think the issue of Caesar Carlos deserves an exclusive post will come later, when I have incorporated permanently. Also this time, not like before the end of August, I've been very good company, which is always appreciated.

Well, we enter today, with the help of the Latin expression "de facto" and "de jure" in the fascinating world of the relationship between substance and form, one of the topics that interest me most of my law. This is something that is not studied as such in any subject, although it is viewed from different areas of law. Thus, we see what happens if a building permit is in correct form (in administration), what happens if the marriage is concluded without the proper way (civil or church), or what happens if a bill of exchange does not meet the formal requirements (in business). I am going to focus on how specific defects and that would never end, but I will make a couple of rather abstract reflections on the subject. We

step. When we say someone or something what is "de jure" means you have this or that account because it has followed a few steps and formalities laid down in laws . That is, Rodríguez Zapatero is prime minister "in law" because he has been elected in accordance with the procedure set by the Constitution to determine who governs.

By contrast, when we say that something or someone is "de facto", we are referring to a condition on the sidelines of the right channels (another mythical expression of the race.) Not if you follow everything that is happening in Honduras, but it is a case in which the president "de jure" was expelled from the government and the country, from the general Micheletti be president "de facto" post-coup status. The Honduran constitution provides for I imagine that the coup as a legitimate way to become President, so President Micheletti is not legitimate or "de jure".

"And what do I care?, You might be wondering. For I will give more or less depending on what you are interested in politics. The law is essentially a formal limit to power, a way to control what is done through how to do . So, if you put someone in jail must follow the requirements of the law (due process, that constitutes a criminal offense, etc, etc ...), and they do not do not be a valid imprisonment. If someone wants to preside over a country must get a majority, enabling it to have a majority in Congress that would allow him to be elected president. Otherwise, we will have a clearly unconstitutional president, said the hold on what for because we've been and it is not all fun.

On the other hand, the obligation to follow the rules makes no sense if the standards meet the criteria, say, "absolutist" ( for the Lack of a Better Word , as the English say). Let me explain. In North Korea they have laws and constitution and formal controls and judges and all you want. What actually happens? That the boss is the beloved leader Kim Jong Il and that what he says goes to church. It is a clear example in which politics (power) law is served rather than the right control of power.

has left me a rather chaotic post ... Yet, do you explain?

If you liked you not lose the post of my adventures and misadventures with the Catalan police.

Soon more!

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The Time of Instruction or Process Object

I tell you, that avatar of defense, had to travel to Union City. The issue is on an expedited process for the crime against property, aggravated usurpation. In this regard we know that art. third of Legislative Decree No. 124, notes that the period of instruction is usually within 60 days and extendable once for 30 days. We agree?

Good. That is clear. So says the standard. But I ask, if within that period, there have been no out all measures aimed to clarify the facts? And if these have not been the subject causes atrubuibles trial. In this case the victim. The victim. For example there has been no diligence inspection. So called in the Code of Criminal Procedure Article 130. However, in this town inspcción Judge calls it justice.

This diligence sui generis. Important not done, through no fault of the parties to the proceedings. Negligence but the judge. It also has not been completed the survey the damage, also not for reasons attributable to litigants, but read well by the negligence of the judge, who apparently looks more like an assistant Secretary, because this is who heads the process.

not received the caution statement of the victim, even though it has requested more than three times by two actions. No testimony has been received. And the judge said Mr "YA CAN NOT MAKE SUCH SUIT, BECAUSE THE TERM OF THE INSTRUCTION ALREADY HAS EXPIRED. MY TOP PREVENT EXPANDING WITHIN ME UNIQUE. This Judge is a good judge? This is the kind of Judges the country needs? This is the form and manner of effective judicial protection,? Who will save us from abuses and violations of these timid judges? This will give legal certainty to society?

For our modest concept is not. Because judges of this profile and on the pretext of the term,

leaves hanging from the edge of the abyss who goes to court to seek justice. Lords rather than the rule that says the end of the period. But the judge in question to forget Article 72 of the Code of Criminal Procedure, which states that the judge with the power under paragraph 49 of the same body of laws, must by all means reach for the process. Or not? More seriously, it has not agreed to anything of the constitutional guarantee of due process contained in the inc. 3 of Article 139 of the Constitution State. With omissions, and irregularidaes noted previously been respected due process?. also has not violated the guarantee of the right to defense? This is the way to administer justice within the country?

Our view is that this man Mgistrado should extend the period of research on an exceptional basis for 20 days more, and carry out the steps punctuated, and especially the inspection eye and expertise to determine damages. Anyway there are some judges,

their shyness, and muscle-flexing poses, instead of rescuing and re-evaluate this Power, merely increasing the people's censure.