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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!

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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

Geek of the Day: The new version of rock, paper, scissors called "rock, paper, scissors, lizard, Spock , and gives many turns as the original.

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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Latin word made

¡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.

Kates Play Ground Free

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!