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.
The federal government will announce today a Decalogue with the grounds for action on security and law enforcement for years, including the protocols to be followed by the police forces of the country.
The announcement will take place at the official residence Los Pinos, in the context of the National Public Security Council. There will be emphasis on protocols to govern security and justice, and the need to protect human rights.
In the 10-point document, to be presented to the security cabinet and the governors of the country, it is mentioned that instructed the immediate development of protocols for the security forces across the country, so as to ensure full respect of human rights.
“Citizens need security guarantees to safeguard life, liberty and property. Therefore, the various state police agencies and federal, must have capabilities, personnel and conditions that ensure professionalism and efficiency. “
The purpose is for each entity to, with support from the federal government, corporations consolidate gradually resume in full public security functions that currently take place, in some municipalities, the Army and Navy in support of the authorities civilians.
A few months ago president Enrique Pena Nieto announced the five regional operation preparation, updating and specialization of police forces, as well as a training center specializing in Security Control.
In criminal justice emphasizes the need to issue a Unique Code of Criminal Procedure to allow uniform application of legal criteria to generate certainty and legal security.
The Law Society of Valencia (ICAV) held last week the addition of 150 new lawyers Valencia. During the ceremony, the Dean of ICAV, Mariano Duran announced the creation in September, a forum for Justice in Valencia. “A working group where judges, lawyers, prosecutors, and all those acting in justice work with the aim of improving resource management Valencia Justice,” specified.
The Convention Centre hosted the solemn ceremony of swearing or affirmation of office, in which the new law professionals committed to meet the standards of the profession and to defend the interests of citizens.
During the event, presented the Award Berni Jesus Catala Olarte, secretary of the Civil and Criminal TSJCV for working with law. Six medals were also awarded to the Advocacy Merit Valencia Fernando de Rosa, Vice President of the General Council of the Judiciary; Nazario de Oleaga, Dean of Biscay; Pedro Yufera, former Dean of the ICAB and Jose Flors, former Judge of the Supreme Court-that able to attend the medal-collecting, and lawyers and Eugenio Sirera Ernesto Mata.
The ceremony was chaired by the Dean of the College of Lawyers of Valencia, Mariano Duran, the Dean, Rafael Bonmatí and Deputies of the current Governing Board ICAV. As guests of honor attended: Fernando de Rosa, Vice GCJ, Gabriela Bravo, Member of GCJ, Pilar de la Oliva, President of the High Court of Valencia, Francisco Montendre, Chief Justice and Gonzalo Lopez, Acting Prosecutor the Supreme Court, among other authorities.
Maybe some people who have divorced their partner, they have crossed your mind take your child to live abroad, which would prevent its contact with their father or mother, who would be living in Spain.
First we must address what rights holds the other spouse, and know that we must respect. These rights can be of custody or visitation obviously agreed following a divorce.
If it happens that we took our son to live abroad, and deprive the other spouse of their legitimate right to custody or visitation organize, or in other words, “we want to elope with our son,” we are making simple and simply a ‘parental abduction’ or ‘international abduction “, or as lawyers say, a” hold minor illegal foreign country. “
Obviously the issue is complex, serving in each case to a series of special issues related to family law and criminal law. Each case is different and without any comparison between them, if you have a question applicable to common international law.
In view of this, this article wants to convey that Spain is part of several Multilateral Agreements and Bilateral many that are aimed at international cooperation between countries to avoid these situations and ensure the effective right to custody and visitation (as appropriate ). One of the most significant is the Hague Convention of 1980.
Each country has a “Central Administration” that takes care of solving this type of situation. In Spain if we have a similar problem, we can start by heading for the office General for International Legal Cooperation.
Caveats: What issues can argue whether we have finally decided to take our son abroad?
- There may be a problem of gender violence and the child is in serious danger. In this case it would restore the child.
- Maybe the child has spent time abroad and has more roots in that country than in Spain. There would then be discussed if appropriate restitution, because it takes into account the interest of the child, and to go against their will, would be like a second kidnapping.
But before you contact a personal injury lawyer, you should know how to prepare your evidence so that the attorney can get you the best possible defense. Always remember to take snaps of the accident scene, the faulty party and your status during the accident. Your cell phone would be handy here. Then, you should report to the police about the accident and make sure to have an accurate copy of the report- any omission here can mean omission in your compensation value as well. Lastly, it’s needless to mention that you must consult a specialist doctor immediately and have the prescription and clinical test records in proper place so that you can produce them easily while filing a personal injury case.
After President Juan Manuel Santos ensure that transitional justice has already been used paramilitary albeit “not very successful”, the attorney general, Eduardo Montealegre agreed with the president, noting that the purpose in the current process peace is to correct the shortcomings that left past experiences.
“Transitional Justice and the demobilization process was tested with the AUC has serious problems. One of them is that they tried to investigate all crimes and all those responsible for serious human rights violations committed by the paramilitaries, “said Montealgre.
The prosecuting body chief said transitional justice frameworks are experiences of the last decades worldwide. She also noted that the framework presented raised Colombia as the Attorney General to the Constitutional Court “does not violate the structure of the Constitution, it is an attack on human rights.”
Eduardo Montealegre considered it more sensible and contributes more to the fight against impunity transitional justice system focused on heads as a maximalist system which was tested against the AUC.
Finally, the face of criticism from some quarters to the framework for peace that arises in the current negotiations with the FARC guerrillas, the Attorney General’s Office issued an invitation to the “apologists of war rather ride on the big locomotive peace. “