Friday, November 5, 2010

Catchy Phrases Birthday

RESISTANCE BUILDUP OF CRIMINAL PROCEEDINGS

In our daily comings and goings of a trial lawyer. We found a number of difficult situations. Not because they are not contemplated in the substantive law. Neither the adjective. No. If no more than anything about the lack of interest. Of responsibility and ability of some judges and some court officers. Oh but more than anything because the clerks blessed and some judges will not work. It's that simple. not want the judges to sit in their offices and read and study the record s. And the second bone secretaries do not want to sew or refoliar records. This is the crux of the matter.
This is the cause of resistance found in some criminal courts when requested in accordance with law A backlog of cases. This is the problem. Not a problem of the standard. But I wonder what are the judges? Then I saw that some do not have character and to have afraid to ask for the files to the secretaries, who even get over the judges and hinder when applying accumulation processes. And who controls it, who puts things in place. That is why there is a large caseload in the criminal courts.
accumulation processes as we know is regulated in Article 20 as amended by Legislative Decree No. 959, and article 21 of the Code of Criminal Procedure, in accordance with Law No. 10124. When? When there are cases of CONNECTION AND WHEN YOU ARE IN THE SAME STATE. Yes or no? This is clearer than water. But nevertheless complied with the requirements of some judges become hostages to the secretaries the court is reluctant to proceed to the accumulation process.


Now for what and why you must ask or apply for the accumulation process?. Plain and simple to avoid DUPLICATION OF JUDGMENTS RADICTORIAS CONT. And of expediency. But some judges and some secretaries blessed to have in your hands 2 or 3 applications against the same defendant, and being in the same state do not want to do this build, however, that even this can and should make OFICIO as it required by paragraph 2 of Article 20 of the adjective in question as amended by Legislative Decree No. 959. Lord but do not. Why? Because we have already said that some judges and court clerks as quiren not work. Oh and also because in some cases are tied to one of the litigants fields in these cases CORRUPTION. And who can save us? Of these secretaries and judges who do not want to work?
I believe that what can save us is for example a mandatory ROTATION time to time of judges and clerks coupled with other measures to prevent irregularities and misconduct to functional impairment of the DUE PROCESS AND THE RIGHT TO DEFENSE. continue this topic.

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