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The changing dynamics of the generators phenomena of insecurity , violence and crime , and increasing citizen demands in terms of security and coexistence have been raised for the National Police challenged to rethink strategies and define service models designed to renew the institutional structure and functioning to respond more effectively to the risks and threats from organized crime more sophisticated and the emergence of expressions of social conflict in the territory .
This reading of the context of the dynamics that affect security, deepening timely response to the requirements of society and government policies with a definite orientation toward factors that are destabilizing the security of citizens in various parts of the country , have allowed the National Police to design and implement the National Plan for Community Policing Quadrants , which sought to define levels of responsibility in a given area or physical space to improve response times , implementing technology that optimizes the police service , strengthen the commitment Single men and women of the police, in addition to developing plans and preventive, deterrent and reactive projects to present safety issues that require effective action of the police in conjunction with the political and administrative authorities.
From this perspective, the police intelligence service has readjusted its strategic and operational platform in order to produce highly preventive and proactive in addressing the various expressions of violence and urban crime that disrupt the safety and security of citizens intelligence. This reorientation of police intelligence to produce knowledge to criminal and social unrest phenomena from national , regional, and more particularly as locally, has allowed the construction of a model police intelligence quadrants oriented data collection in specific areas of cities to prevent unsafe situations through early identification of risk factors generators , actionable intelligence , through a high capacity for data collection, production and dissemination of intelligence , anticipates the commission of criminal behavior and reset the security levels .
The National Intelligence Plan for Quadrant is based , therefore , on the production of knowledge with a high strategic and actionable content from the understanding of the structural problems , its evolution and the integral alternative how you can control and extinguish . A definite orientation to expand the capacity of data collection in quadrants by receiving information from the records of officials engaged in the design, located in the quadrants in the Community Information System Surveillance Quadrants .
This collection from the quadrants allow the intelligence service of the National Police , deployed in the country, strengthen the production of strategic, operational and service for police intelligence so that it can mobilize institutional laactuacion against those who disturb order and security.
Recourse to legal proceedings, despite being a right of all citizens, has always been linked to an economic cost or posed a difficult problem for those who need to use them.
Divorce proceedings are often the only viable solution to restore tranquility face and overcome a marital breakup . The cost associated with these can become a major stumbling block that hinders further this trauma that must pass both the spouses and their children .
The family lawyers , first, try to see if a reconciliation of the parties is possible , understanding that an amicable agreement ( friendly ) is the most beneficial to our customers for the following reasons :
- The children face breaking more positively.
- The cost of a mutual agreement procedure is much less contentious one . The two parties can share a barrister and solicitor .
- A friendly negotiation seeks the best for both parents and their children .
- The procedures are faster .
In recent times the term has been popularized express divorce, about which there is some confusion. By definition this type of divorce is actually an uncontested divorce . Allowing you to reduce costs and expedite the procedure is that the attorney-client communication is done online (e-mail ) and telephone.
This type of divorce is applicable if the following conditions are met :
- 3 or more months should have passed since the marriage .
- The parties must agree on the division of property and custody issues of children.
Law firms recommend this type of divorce where the spouses have a degree sufficient to allow them to agree among themselves amicably the division of property and child custody understanding ( if any) .
To do this , lawyers provide a form with complete instructions that help . In them, depending on the type of procedure express divorce (no children or property, or property with children , with children and property ) agreements to which the couple has come detailing . Guests have at all times the possibility of using an attorney by mail or phone to resolve any doubts that may arise them .
Once you submit the form attorney draft the regulatory agreement under the terms reported by customers . Now only will both sign the will in the law firm or attorney and this is presented . The last step will be to ratify the same day appointed by the court.
This is definitely the quickest and cheapest way to face an uncontested divorce , and it definitely allows the parties to overcome these hard times more easily.
Crime is a set of strong social influence offenses committed against the public order. This definition distinguishes between crime and criminology. Whose study , from a given legal definition , consider the frequency and nature of crimes and criminology that considers personality , motivations and capabilities of reintegration of the offender . According to Emile Durkheim , although crime seems to be a phenomenon inherent to any human society , the value attached to it depends on the nature and form of organization of the society in question .
At first , the offense was valued based on religious or magical criteria , and the transgression of forbidden produced generally , exclusion from society , either through death or distance, for the violator of the standard. Later, the domination of the great monotheistic religions in their respective fields led to competition law and an act was considered infringement when violated an express prohibition of sacred texts or its interpretation.
The progressive separation between the religious and the temporal , which began in the Middle Ages, but failed to remove the religious nature of the infringement. This view justified , for example , recognition in different periods of history of criminal responsibility for children and even animals. In the seventeenth century , in most European countries , criminal law was based on the principle of individual responsibility, promoting the application of very severe penalties intimidating , like the wheel , the whip or the galleys.
In the Enlightenment , there was a break with the above through finding a legal and universal definition of what is permitted and what is prohibited , with the idea of founding a legality of crime and punishment as was made by the Italian Cesare Beccaria in his Essay on crimes and Punishments , published in 1764. This search is made in the context of a broader new definition of man as a social being , with rights and obligations, which evolved in a society where , without seek legitimacy in religion , could question the nature of the offenses and penalties scales all people , regardless of the quality of the offender.
This principle was taken up in the Declaration of the Rights of Man and Citizen , in which Article 7 reads: The law can only set strictly and obviously necessary penalties and no one may be punished except by virtue of a law established and promulgated prior to the offense and legally enforceable . The forms of crime are varied and have changed greatly depending on periods of history and society types .
Currently a general development of forms of organized crime based on the model of the Sicilian Mafia or the Neapolitan Camorra , mainly engaged in drug trafficking in nuclear materials and facilitated by the evolution of the media is observed. Western countries currently have common forms of crime , both in frequency and type of violations .
The generic term crime encompasses several basic types of criminal behavior with matching criteria : not being exhaustive , may be quoted or smaller scale crime , juvenile delinquency , crime, recklessly , organized crime, financial crime , the attacks on people , which basically include sexual abuse, attacks on standards and public order , and ultimately , terrorism . Each of these categories has its own characteristics , although long- term growth of economic and financial crime and crime with daily attacks on property and people, usually of limited gravity is observed.
Everyone can be separated or divorced after three months of marriage, just in case there is risk to life, physical integrity, freedom, moral integrity or sexual freedom and the applicant’s spouse or children of both or any of the members of the marriage may apply for separation or divorce the day after the marriage.
Ie may judicially decreed separation or divorce without there being any cause. Either spouse can start the process of separation or divorce with or without consent of the other.
In the process of separation or divorce, the parties must be assisted by a lawyer or attorney and solicitor or attorney, may be obtained from office through legal aid provided economic failure clears.
To apply for separation or divorce by mutual consent as both contentious is competent Court of First Instance of the last domicile of the marriage or the residence of the defendant at the option of the person claiming the person separation or divorce.
Separation and divorce by mutual consent.
In case of separation or divorce by mutual consent, the spouses must sign a regulatory agreement that establishes a minimum custody, the custody of minor children, visitation and vacations with the parent who does not custody, alimony, use of the marital home, and if applicable, spousal alimony. In addition, the regulatory agreement can agree on other measures of interest to the family.
Separation and divorce no mutual agreement or contentious.
In the event that the spouses do not reach an agreement, the Court shall have jurisdiction to establish custody, the custody of the minors, visitation and holiday foods and the use of the marital home, decision to be taken on behalf of the minors, if any.
In the event that there are no children, but children / as economically dependent older age and live together in the family home, maintenance payments will be fixed.
The alimony income depend on who is forced / aa pay and the needs of the recipient, considering it must cover food, clothing, housing, education, health, leisure, and any other deemed necessary.
Regarding the marital home when no offspring, the court granted the use of marital home to one of the spouses, in the circumstances, the interest was more in need of protection.
The spouse to whom the separation or divorce will produce an economic imbalance in relation to the other’s position, the Court may request alimony, which may be temporary or indefinite or a single supply, settling in judgment, taking into account the following circumstances: the agreements they had reached the spouses; age and health status; professional qualifications and the likelihood of access to employment; past and future commitment to the family; collaboration with his work in commercial, industrial or professional activities of the other spouse; duration of marriage and married life; the eventual loss of pension rights; flow and the financial means and needs of each spouse or any other relevant circumstances.
The full Committee on Constitution, Legislation and Electoral System, the House of Representatives approved on Thursday in their season big and unanimously the draft Code of the Child and Family Process .
The president of the legislative body , Hector Arce, announced that the date will start an extensive process of socialization throughout the country to collect comments, suggestions and proposals before approval in detail.
“This extensive process of socialization of one to two months to be given throughout the country , has the aim of building a broad consensus standard , debating and getting as many tips to pass the fourth Morales Code, which will be the instrument to improve justice in family matters , “he told reporters.
He explained that socialization to all sectors involved that have to do with the theme will be convened ; legal, not legal, social , civic, rural, indigenous organizations representing different entities gender of Bolivian society to collect contributions and observations .
The new standard also recognizes as a family, a single parent , ie a family nucleus is formed only by the mother or only the father more children as subjects of rights.
Further proposes three types of divorce : first divorce attorney when a marriage that has no offspring , has no assets and consolidated assets jointly and family members do not want assistance , they can not access a judicial divorce by mutual consent .
The second way to divorce court is the mutual agreement that applies in the case of a couple who have children , wealth , desire for family assistance and share consensus on the separation , with the new standard and not have to prove a ground for nonexistent divorce as abuse and infidelity .
The third way is the adversarial divorce , if there is no agreement between the parties necessarily prove a causal , but a very thoughtful and objective causal is the breaking of the project life together will be introduced.
The Family Code parentage of the children and family assistance payment through a bank deposit.
The new Code of the Child and Family Process has 450 articles and develops the Constitution , is divided into two parts that make up the substantive rule and the process , becoming an integral fundamental law.
The parents had filed for divorce each interesting, among other measures arising from the marriage crisis that the custody attributed to them , although the wife after the expert report requested custody attributed to a shared basis , the persisting father in his request for custody of his children were attributed to him . The court gave custody to the father , pronouncement was confirmed on appeal by the Provincial Court and that led to the appeal by appellate interest as opposed to the jurisprudence of 92.8 CC , relations between parents by establishing the shared custody and a favorable report of the Public Prosecutor.
It states that the High Court judge who is responsible for checking if presenting the legal requirements to implement the scheme in response to joint custody which is the most beneficial to the child’s situation. Also remember that the review on appeal of the award of custody can only be performed when the trial judge misapplied the principle of protecting the interests of children, in view of the facts in judgment , because the ultimate goal the rule is that the choice of regime is more favorable custody for the child and in the interest of this . And hence derives the relations between the spouses alone will not be relevant or irrelevant to the shared custody , becoming relevant only when they affect , harming the interests of the child .
That being so , the Court considers that no record of poor relations of the spouses affect children, not the mother developed a pernicious role to the children , that the current overnight visitation with weekday developing normally and had prepared the children for a system of shared custody .
It also notes that although the expert report is relevant is not inevitable that the same compliance and the possibility of joint custody from the parent dialog that no record was poor and although the report was decanted to give it followed the custody to the father , offered nothing that would determine that the children would be better off with the father.
Continuing the judgment stating , something that seems completely right when he says , you can not forget that this is not a reward system but to analyze whether children can develop emotionally affective and fully with foster system and joint custody and no evidence to tribal no cause to prevent it.
By all means infringed art. 92.8 CC , agreeing estimate the appeal by the mother , establishing a system of shared custody , agreeing the allocation of time in the absence of agreement between the parents , being the day for weeks on Mondays swap , in which they leave in school by the parent who has them , and for the other parent to take care of them this week and so on alternately. In relation to food states that satisfy the parents directly in their own homes paid the extra costs in half.
To the National Commission of Human Rights, the growing climate of insecurity in the country may not start its decline under two conditions: abate impunity and realize the rights of victims of abuse of power and crime , a fact that represents an element essential to strengthen the system of freedoms in a democratic state of law.
Is a constant concern that victims are re-victimized by improper or negligent treatment by authorities related to public safety, enforcement and administration of justice , generating a climate of mistrust them, weakens institutions and culture of the complaint, which is an indispensable tool for the prevention of crime.
The realization of the rights of victims of crime will allow people to receive adequate and dignified care to have real access to justice and reparations , however , and will not be reached in the pending agenda for human rights, if not accompanied by a frontal fight against impunity.
This violates the legitimate rights of victims , potentiates and extends the danger of repeating the crimes and abuses of power , since the invited and encouraged to persist in the lives of people , whose habits have been disrupted , and the social harmony and coexistence.
The aspiration to strengthen respect for human dignity and should be a shared responsibility by all.
Human rights should be the best guide to the progress of Mexico , they are synonymous with democracy , freedom, equality and justice. His defense is everyone’s job .
The law can not be viewed from a distance, on the contrary , must be addressed from the deepest roots and needs of a people.
You have to explain to people as affecting the exercise and implementation of justice, so that instead of tangling , can clearly understand the decisions made daily in and out of the courts.
It can not be left to the mercy of agendas that seek the limelight , arguing cases before the public and condemn or exonerate people without reaching the day of judgment.
The importance of this issue and how it looks through the eyes of a people is central to the better functioning of a civilized society.
Puerto Rico has seen countless cases where doubts have been so great that people began to lose confidence in their own system.
But we must also be careful who or who distort and use the pain of the tragedy to raise hearings or sell more newspapers.
Cases like child Lorenzo , where undoubtedly much or most of the evidence disappeared at the right time was available the scene shortly after the event , can not be presented merely because it aired in the media , not really accusing anybody because the evidence does not even hold an hour in front of a judge .
But people in their distrust and to the public importance , understand that the reasons are for money or family influences , as with the case of Paul Casellas .
” The devil is in the details ” as the saying goes .
Also situations like those seen with former Senator Hector Martinez and former mayor of Cidra , Angel ” Wiso ” Malave .
The first was reinstated to the practice of law and a case that should never get that far though clearly acted unethically and the other a symbol of political power in the people who believed , could trample the dignity of women will.
Not to mention that this case strongly uncovered precisely , the degree of suffering awful macho Puerto Rican society , abusing , humiliating and mocking the victims.
The sentence was not liked by many people and although it is clear that the system worked , presenting a case and prosecuting the same according to law, it leaves a bad taste because it is not explained to the people , stays in the abstract and that lack of clarity undermines confidence .
So , where a company that knows their rights and even worse is directed; ? Suspicious processes to claim them , ask a sociologist friend and teacher of history , that just as I advocate that the law as a subject can be included in the school curriculum. Not because any gaps or resolve points of dispute about law applied , that will be the subject of analysis and deep reflection to achieve these changes , but to truly understand citizenship and can fend correctly. From elementary grades to high school.
As a student in grades go , studies can be added to the Constitution , Civil Rights and others , eventually we will have youth and adults with greater commitment and more clear picture informed about their rights, without any fear or more security claim thereof.
We can not wait to get and justice system , but we believe we educate ourselves and do not move slowly to reform the current failures .
Although the scam is the classic crime – historical heritage configured as the base type of fraudulent behavior , it is very common that your application is invoked in very specific areas of economic crime strict sense , despite the super-individual or collective dimension object protection underlying the offenses that fall under the so-called economic criminal law .
But is it correct application of the crime of fraud where the injury rests on a more or less diffuse community of people , and in very specific areas of economic activity ? In recent years we have witnessed the damage caused by the saver – investor ” fraudulent business ” , and in all these cases automatically invokes the crime of fraud , precisely because the first element is perceived is the existence of economic damage .
Despite the apparent simplicity in the interpretation of this crime , it could be argued that the necessary connection ( and uniqueness ) of the elements that compose it leads in many cases to face practical problems , for example when you have to determine whether we are dealing with one hiring civil fraud (dolus in contrahendo ) , an idol subsequens – associated with a breach of contract , fraud or swindle typical .
These issues have not been sufficiently developed in our criminal justice system , and does not usually reflect on the relationship between the classic crime of fraud and other economic crimes related , because apparently in practice assume – perhaps unconsciously – forensic procedural perspective economic crime , based on the claim that these behaviors are pure property offenses with evidentiary complexities .
About the economic damage to the Congregation of the Sisters Teresian discussing the commission of a serious fraud and other fraudulent offering credit assets , although the means do not specify the bankruptcy regime that is intended to apply to defendants ie if requested material accumulation of sentences of the two offenses or the application of a single penalty increased .
The offering fraudulent credit purposes ( art. 264 CP ) is a crime that by its configuration in comparative law has always been associated with the crime of fraud , (eg . , The § 264- a- German CP picks the investment scam Kapitalanlagebetrug – capital , or the new art. 282 bis of the Spanish CP , which punishes the crime of fraud of investors , but certainly German and Spanish doctrine have admitted that we are not really looking at a scam itself said , because in principle it is not necessary causation of prejudice ) .
It is likely that the thread of this observation the Nicaraguan legislature has chosen to introduce a nomen iuris little identifiable with the scam, although this crime must be suitable false information to cause harm to others.
Although it is not possible to develop here the bankruptcy treatment in our opinion should be given to this criminal , I understand that if the offer fraudulent credit purposes is identified with the first element of the fraud ( deception ), which in turn motivates the error , the act of disposal of assets and the financial loss , then had to admit the existence of a conflict of laws (not crimes ) , which would lead to the application of a single crime , to the exclusion of the other.