Business and Justice Info » Civil courts http://www.justice4akom.com Presenting Business and Justice Info for People Mon, 30 Jan 2012 12:44:26 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 Darsi Ferrer: disappeared in the judicial system http://www.justice4akom.com/darsi-ferrer-disappeared-in-the-judicial-system.htm http://www.justice4akom.com/darsi-ferrer-disappeared-in-the-judicial-system.htm#comments Fri, 27 Aug 2010 13:24:59 +0000 Phelp Moses http://www.justice4akom.com/?p=11 HAVANA, Cuba, March (www.cubanet.org) – What is intended by the Dr. Darsi Ferrer, a human-rights activist declared a prisoner conscience by Amnesty International and recently awarded with the Defenders of Freedom Award by the U.S. government – disappeared into the tangle of the Cuban legal system for eight months, and currently on hunger strike? Could it be that the court did not find a legal way to punish a onvincing manner? Is of inter-judicial punishment of the Castro regime? Or what is aim is to commit a crime in his capacity as illegal prisoner?

The law provides that pretrial detention should only be applied, so exceptional, who supposedly could escape justice (read out of the country), or for serious crimes, and none of the two is the case. Actually no conclusions have been drawn Interim Office of the Prosecutor, so that is not yet defined the procedural object. A context to declare authoritatively still
is not known why Darsi prisoner, even though the instruction injunction decree for crimes of receiving and attack a neighbor, who allegedly sent threatening phrases.

The family has sent complaints to the Deputy Attorney General of the Republic, and the defense has submitted three applications for change of measure. The uncertainty overwhelms family and friends, given the dangerous environment surrounding the activist doctor.

The defense, in a last request for a change of measure (the fourth),
plotted accurately points out that the current state of immobility in
is the process that breaks the legal terms to the detriment
of the essential guarantees of the accused:

A. The preparatory phase ended in September last year, more than six months. Since then the case has shifted from the prosecution October 10th Municipal Provincial Court, and thence to the Attorney General but so far none has been adopted variants under Article 261 or 262 of the Act Criminal Procedure: removal, dismissal or presentation to Court, after making tentative conclusions. The terms to apply both rules of law are overdue. It has not happened so far anything new in the process. A breakdown of legal terms violates the principle of legality.

B. On another subject, was presented on 29 October 2009, at the Provincial Prosecutor’s Office a letter of request for change of measure precaution, and it was not until 7 December of that year, 39 days later reported that the order refusing “signed on 13 November 2009 “, when I was in regular telephone contact with the prosecution, and had not yet declared their position. However, Article 251 of procedural law establishes maximum for 5 days
resolve this matter.

C. Instruction 133-88, the Governing Council of the Supreme Court People, places on the need to prioritize the processes accused in custody, reaffirming the principle of speed or “prompt justice” without doubt one of the essential guarantees of process. Unfortunately in this case was not the case.

“Darsi Ferrer is being held for six months (plus two in instruction, 8 months in total), without having defined its position, results based on grounds wholly unnecessary to continue keeping them in prison, while the process continues to dilate unjustified, “concluded the defense. It’s time for prosecutors and judges resign from the accomplice and handling aware of the responsibility for his actions, a responsibility that involving journalists in the official program Mesa Redonda, and other Yeomen of the paroxysm Castro.

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]]> http://www.justice4akom.com/darsi-ferrer-disappeared-in-the-judicial-system.htm/feed 0 Or American judicial system do terrorism case http://www.justice4akom.com/or-american-judicial-system-do-terrorism-case.htm http://www.justice4akom.com/or-american-judicial-system-do-terrorism-case.htm#comments Thu, 05 Aug 2010 13:39:02 +0000 Phelp Moses http://www.justice4akom.com/?p=16 Boots the trial for the attack in Detroit
Abdulmutallab Nigerian pleads not guilty in his first appearance – Prosecutors accused expected to negotiate a sentence in exchange for information
Abdulmutallab Umar Farouk, the only accused of trying to fly a plane from the Northwest U.S. company last Christmas Day, yesterday pleaded innocent to the federal judge in Detroit who informed him of six counts brought against him by U.S. prosecutors . With the appearance of less than five minutes in which the door remained open to possible negotiation of the sentence, was made the first move towards a trial in which the Nigerian youth can be sentenced to life imprisonment.

A string of errors
From what he is accused

Three arrested at Heathrow
Easy prey to radicalism

The Al Qaeda offensive

This is an unprecedented situation in the U.S. justice
In a very soft voice and using good English, Abdulmutallab, wearing a white shirt and shackled at the feet, welcomed the privilege that gives justice to deny his guilt in the crimes attributed to him despite the many evidence accumulated against him. Thus, the defendant reserves the right, according to the rules of the American system of providing tax information on their activities, their objectives and their accomplices in exchange for a reduced sentence.

Abdulmutallab was reported six crimes, including attempted murder and use of weapons of mass destruction to bring down a plane with 289 people aboard, who were admitted this week by a grand jury in Detroit. The grand jury is the court that decides whether a case deserves to be seen in court. Detroit is the city where it is judged which saw the assassination attempt, although the court is of federal jurisdiction for crimes have that category.

Local media had reported in previous days of presence in the motor city of the accused father, a respected Nigerian banker who had complained to the American Embassy in Lagos suspicious activities of their child. Its influence can be far from decisive Abdulmutallab conduct in interrogations.

Experts believe that this is an easy case for the prosecution, given the multiple evidence linking the accused to the crime, although lieutenant in mind the political significance of the trial fit some surprises. The defense may try to prove insanity of the 23 years or, more likely, offer this negotiation to plead guilty.

Abdulmutallab is defended by the team of public defenders in the district of Detroit, led by Miriam Siefer, considered by his peers as one of the most literate in the country. One of his first courses of action will be to determine whether the accused was read his rights adequately and immediately after his arrest.

Sources prosecutors have not specified the time the FBI agents who interrogated him that he reported what are called “Miranda rights”, including that of keeping silent and to consult with an attorney. Proponents claim that came into contact first with Abdulmutallab to 30 hours of his arrest, but still unaware if that was the point at which the detainee is welcomed that right or the time it took the FBI to report that could do.

There is precedent for a situation like this because Abdulmutallab is the first suspected terrorists detained since the Supreme Court decided last year that the right of habeas corpus was valid for all defendants in any court of justice, both civil and military. In 2001 he was sentenced by ordinary courts Richard Reid, of British origin, for attempting to make a bomb on a plane hidden in the soles of her shoes. In 2003, the civil courts also addressed the case of Iyman Faris, who was condemned as part of a complex to destroy the Brooklyn Bridge. Two others accused of belonging to Al Qaeda operative Jose Padilla and Ali al-Marri, were sentenced by civilian judges, but in custody of military justice.

The military courts are under some opposition congressmen considered appropriate to have tried Abdulmutallab. “We have to treat these terrorists as they are not common criminals, but enemy combatants in a war,” said the ranking Republican on the Senate Intelligence Committee, Christopher Bond. Military courts have been more effective, according to this view, to obtain valuable information about the defendant’s activities, and that the detainee had been severely restricted rights in that jurisdiction. Meanwhile, the opposition believes that the presence of Abdulmutallab in civil court and that this requires shipments carries a security risk that could have been avoided.

The Government believes, however, that the justice system has more than enough resources to question the defendant and deprive him of the rights they protect any inmate is not, as demonstrated in the past provide no guarantee that more information.

In the background of this controversy is the criticism from conservatives that Barack Obama refuses to acknowledge that America is at war. The president repeated on Thursday that yes, the country is at war with al Qaeda, but the Administration has abolished the “war on terror” and “enemy combatants” that were used by the government of George Bush.

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]]> http://www.justice4akom.com/or-american-judicial-system-do-terrorism-case.htm/feed 2 Introduction to Economic Analysis of Law (AED) Part II http://www.justice4akom.com/introduction-to-economic-analysis-of-law-aed-part-ii.htm http://www.justice4akom.com/introduction-to-economic-analysis-of-law-aed-part-ii.htm#comments Fri, 23 Apr 2010 16:41:08 +0000 Akbar http://www.justice4akom.com/?p=56 Economic Analysis of Lawthe main contributions that the AED making the economy were made by the so-called institutional economics. The main theorists of the discipline in its various phases were:

* John R. COMMONS (1862-1945).

Commons was a key member of the American institutionalism school. Born in Ohio (USA), was professor of economics at the universities of Wesleyan, Oberlin, Indiana, Syracuse and Wisconsin. President of the American Economic Association.

His influence is not so much to his theoretical writings as legislation that promoted and managed to pass in American legislatures. His friendship with Robert LaFollette and other progressive senators prompted a profound reform of labor legislation, especially concerning health and safety conditions in the workplace, unemployment insurance and social security programs for retirement. All this before the First World War!

John Commons investigated the role of the state and proposed the development of “Institutional Economics” as a synthesis of Political Economy, Law and Ethics.

* Kenneth J. ARROW (1921 – ).

Nobel Prize 1972. U.S. economist, New York, studied at City College and Columbia. His doctoral thesis “Social Choice and Individual Values” was a theoretical revolution. Using the notation of symbolic logic raised the problem of intransitivity of social preferences. The “impossibility theorem of Arrow,” argues that there is a democratic form of voting that allows a transitive social choice and rational. The only constitution which would allow decisions stable and unambiguous a dictatorship would be the individual or where the choice down to two.

He received the Nobel Prize in Economics in 1972, shared with Britain’s John R. Hicks, for pioneering contributions to general economic equilibrium theory and welfare theory.

* Ronald H. Coase (1910 – ).

Nobel Prize 1991. British economist won the Nobel Prize in Economics in 1991 for his discovery and clarification of the significance of transaction costs and property rights for the institutional structure and functioning of the economy. It is considered the originator of the field of Economic Analysis study of law with its publication in 1960 of what has been called the Coase Theorem.

He studied at the London School of Economics and began working as a professor at the Dundee School of Economics and Commerce (1932-1934), the University of Liverpool (1934 -1935) and the London School of Economics (1935-1939 and 1946 -1951). He immigrated to the United States, working at the University of Buffalo, the Center for Advanced Study in the Behavioral Sciences at the University of Virginia and since 1964, the University of Chicago. He was editor of the magazine “Law and Economics” from 1964 to 1982.

The 1960 article “The Problem of Social Cost” is considered the most cited article in the economic literature of all times and countries, but their ideas were seminal and explicit in the article “The Nature of the Firm”, 1937, that any pricing system has a cost and that it is possible to do an economic analysis of the rules, organizational forms and methods of payment.

Ronald Coase is considered the founder of the Economic Analysis of Law and the “New Institutional Economics.”

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]]> http://www.justice4akom.com/introduction-to-economic-analysis-of-law-aed-part-ii.htm/feed 0 Regulations implementing the Code of Intellectual Property http://www.justice4akom.com/regulations-implementing-the-code-of-intellectual-property.htm http://www.justice4akom.com/regulations-implementing-the-code-of-intellectual-property.htm#comments Sat, 17 Apr 2010 15:22:32 +0000 Akbar http://www.justice4akom.com/?p=45 The Ministry of Economic Development (http://www.sviluppoeconomico.gov.it/) has finally approved a regulation to implement the Code of Industrial Proprietary to ensure greater protection and simplify procedures in the interests of businesses.
“The systematic reorganization of the provisions on industrial property made by the Industrial Property Code – explained the Minister of Economic Development, Claudio Scajola – is aimed not only at strengthening the competitiveness of Italy, where it assumes a strategic importance for better compete internationally, but also to simplify all the procedures relating to securities of industrial property through the provision of tools to meet the most immediate administrative practices, thereby the contrast of counterfeiting to protect citizens and consumers. “
The regulation responds to the needs of the discipline of filing of applications, instances, methods of enforcement proceedings on the opposition and the business conducted by consultants in industrial property.
The new rules, the result also of comparison with the industrial property consultants directly involved in the procedures for lodging at the General Directorate for Combating Counterfeiting – Italian Patent and Trademark Office, is the result of a common will of the government and users have facilitation procedures in obtaining and managing industrial property titles, in accordance with Community and international law.

The regulation responds to the needs of the discipline of filing of applications, instances, methods of enforcement proceedings on the opposition and the business conducted by consultants in industrial property.

Among the most important aspects are noted:

1. the procedures for filing notice of opposition under Article. 176 C.P.I. and subsequent filings;

2. the convening and conduct of the Register of industrial property consultants enabled;

3. filing on paper and electronically to: applications; instances, deeds, documents and appeals notified; Italian translation of the claims of European patent applications and published texts of European patents granted or maintained in amended form.

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]]> http://www.justice4akom.com/regulations-implementing-the-code-of-intellectual-property.htm/feed 0 Stand their ideology on abortion at Cota and Zaia http://www.justice4akom.com/stand-their-ideology-on-abortion-at-cota-and-zaia.htm http://www.justice4akom.com/stand-their-ideology-on-abortion-at-cota-and-zaia.htm#comments Tue, 13 Apr 2010 14:50:02 +0000 Akbar http://www.justice4akom.com/?p=39 The stance of neo-governor of Piedmont, followed closely by his colleague and “friend” of the Venetian party, the abortion pill RU486 – the two presidents Northern League threatens not to deploy – once praised by the Vatican has an ideological background ( rather than moral) and produces a break which does not correspond to what is expected of two newly elected governors of regions important (but not only), and especially what the country needs. And that is all serious and respectful application of Law 194. The pill has received the OK of the technical committees responsible for what concerns the possibility of taking it and does not pose, it seems, health and medical problems. The ethical-political RU486 is part of the path traced by law to the extent that reduces the risks for women and at the same time – but the point here is – does not make abortion a solution ready-to-wear. Abortion is always a tragedy for the woman but also because that is the interruption Of Independence the birth of a life. As we have already had occasion to write you can not address such a question merely part of a physiological fact, whatever the ethical-moral (or religious) from which we observe, requires a caution and sensitivity that are not compatible with a light approach. Must be guaranteed the right of women not to get pregnant who does not want provided it is put in a position to choose freely, or beyond all conditioning (contingent) psychological or social-economic. This key is not farfetched the question that is posed by Catholic circles in our politics, “not trivialization” of abortion, and – while you ensure that hospitals are places “comfortable” for the people, just freely, decide to make that choice – it makes sense to pose the issue of whether it should be taking the pill in a situation that does not prevent it but even to make it insignificant as in the case of hospitalization (in those hospitals, “cozy”). Everything else is pure ideology, which divides the country and does not address the problem seriously. Now the intervention of Donadi.

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]]> http://www.justice4akom.com/stand-their-ideology-on-abortion-at-cota-and-zaia.htm/feed 1 RU486: ignore the law 194 http://www.justice4akom.com/ru486-ignore-the-law-194.htm http://www.justice4akom.com/ru486-ignore-the-law-194.htm#comments Sun, 11 Apr 2010 14:32:12 +0000 Akbar http://www.justice4akom.com/?p=37
Statements of Gasparri, Cota, Zaia and Polverini deeply embitter. If the intention of the center is really a drug to block important scientific and fundamental to the protection of women at a difficult time such as abortion can not but wonder where the logic will take us another reactionary, bigoted and cruel this majority.

There is no doubt that such statements are not based on scientific theories, but that it is simply the “horse back” of a clerical government that behaves like an altar boy who tries to win sympathy oltretevere.

194 The law is clear: the regions are obliged to promote the use of modern techniques and less risky for the woman. 194 The law must be respected and can not be circumvented. Italian women have the right to receive the same medical care that exists in the rest of Europe, have the right to have the best care and most cutting edges and see their health protected.

This government clearly intends to trample on these rights.

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]]> http://www.justice4akom.com/ru486-ignore-the-law-194.htm/feed 0 Spain approved the new abortion law http://www.justice4akom.com/spain-approved-the-new-abortion-law.htm http://www.justice4akom.com/spain-approved-the-new-abortion-law.htm#comments Mon, 05 Apr 2010 11:50:22 +0000 Akbar http://www.justice4akom.com/?p=29 With 132 votes in favor, 126 against and one abstention, the Spanish Senate has finally approved the bill that the Zapatero governments further decriminalize abortion. The new law will enter into force four months. The text allows women to choose at least sixteen years within the first 14 weeks of pregnancy, which become 22, behind medical opinion, if the mother’s health at risk or there are serious anomalies in the fetus.

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]]> http://www.justice4akom.com/spain-approved-the-new-abortion-law.htm/feed 0 Solutions for companies in crisis. We answer the questions of the new law http://www.justice4akom.com/solutions-for-companies-in-crisis-we-answer-the-questions-of-the-new-law.htm http://www.justice4akom.com/solutions-for-companies-in-crisis-we-answer-the-questions-of-the-new-law.htm#comments Wed, 31 Mar 2010 14:07:50 +0000 Akbar http://www.justice4akom.com/?p=22 The entry into force of the new Insolvency Act on 1 September 2004, has been a change in the treatment of insolvencies in Spain. Desaparece suspension of payments and bankruptcy and establishes the meeting of creditors as a way to resolve situations of insolvency. The new trade rules wager on business continuity in crisis thanks to an agreement among creditors, providing a fully transparent formula for restructuring and bailout of businesses and, ultimately, liquidation. Under the new legislation the companies lack of liquidity must voluntarily file a contest before they run out all their assets and within two months following the date on which he had known or have known of his insolvency. No longer possible for employers to close their businesses leaving without paying creditors and employees.

The new law also entails great responsibilities for managers and entrepreneurs. It enhances the obligation to go to competition when their company is insolvent or is imminent. Many managers are unaware of the very serious responsibilities that will confront and mismanagement that may impact business
even in their own personal assets.

Another important factor that employers must consider is whether the contest is requested by the company itself – a voluntary basis – which administrators keep their powers but are subject to the intervention of bankruptcy administration or whether the contest is called by creditors – competition needed – where managers lose all their powers go exclusively to the administration in bankruptcy. For more information on these two modes go to “The lawyer replied …”.

To remove any doubt that the employer might have, Madruga Association has published a book entitled “The Lawyer responds to questions of the new Bankruptcy Act. In this book you can find in full on this website, you will find a detailed explanation of the details of the rights and obligations should know the employer-debtor in colloquial speech and affordable on a number of questions and answers related to the new Law Bankruptcy and which must be taking into account now.

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]]> http://www.justice4akom.com/solutions-for-companies-in-crisis-we-answer-the-questions-of-the-new-law.htm/feed 0 The Bankruptcy Act will come to the aid of contractors http://www.justice4akom.com/the-bankruptcy-act-will-come-to-the-aid-of-contractors.htm http://www.justice4akom.com/the-bankruptcy-act-will-come-to-the-aid-of-contractors.htm#comments Tue, 30 Mar 2010 14:00:26 +0000 Akbar http://www.justice4akom.com/?p=20 The Government shall amend the Bankruptcy and standard procurement. Correct the different legal treatment to contractors, forced to stop when entering the contest.

The Commission prepared the reform of the Insolvency Act, to be ready next summer, is working to make the new text will help companies that contract with the public sector to enter into competition, as the existing Bankruptcy Law and the Law Public sector contracts leave them in the lurch and do not allow them to continue working in insolvency. With the reform, these companies want, like the rest, to maintain operations. To do this, you will need to also amend the Law on Public Sector Contracts.

This, bearing in mind that often is the very slowness of the Administration which leads the competition from these companies. And the purpose of the standard bankruptcy-both current and from which it is prepared to help companies with a contest that involves being bailed and not liquidation, what is done with other companies. After all, the number of competitions in the fourth quarter of 2009 was increased by 42% over the same period in 2008 and came to 6,000 in the year.

The Commission Chairman, James Howard, General Technical Secretary of the Ministry of Justice says that it has been found that the Law on Public Sector Contracts Part of automation that goes against the criterion of the bankruptcy reform, “he says. Nuances that will help companies from the “guarantee public interests and the administration, that is,” will seek the balance of interest for companies that wish to maintain their activity.

Thus, Howard concretes “changes will be made both in the bankruptcy laws as the Law on Public Sector Contracts. And detail that “the Commission has closed the overall analysis of the bankruptcy reform and has already entered the bottom of the articles to change. Counting on the relevant reports (CGPJ, Council of State, etc.) estimates that “could be ready after the summer. Miguel Angel Alonso, Roca Junyent partner, adds that this reform “was a cry” between the companies, who fled the sector.

For Raquel Ballesteros, a partner at Bird & Bird, “the different legal treatment to private contractors and, in cases of insolvency of its contractors is hardly sustainable, legally and morally: although the general interest allows for differences in favor of the Administration, they must respond to an objective need (as it considers the Constitution).

Ballesteros said that “only in the field of health supplies the Administration’s debt exceeds the 4,000 million with a payback period of 232 days.”

Finally, Antonio Fernandez, partner in charge of Zone Restructuring and Insolvency Garages concluded that “thee opportunity for reform is greatest.”It is disconcerting that he contributes to the cause competitions to get out of them leaving the company without activity and preventing it from bidding for new contracts while in bankruptcy situation,” says this newspaper’s questions

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]]> http://www.justice4akom.com/the-bankruptcy-act-will-come-to-the-aid-of-contractors.htm/feed 0 The costs of the judicial system: how to duplicate it. http://www.justice4akom.com/the-costs-of-the-judicial-system-how-to-duplicate-it.htm http://www.justice4akom.com/the-costs-of-the-judicial-system-how-to-duplicate-it.htm#comments Fri, 26 Mar 2010 13:33:20 +0000 Akbar http://www.justice4akom.com/?p=13 For the first time today I have been summoned to a pretrial hearing to inform the court if the accused agrees with the indictments of the prosecution and the prosecution. It’s an appearance that is always done in the field of juvenile court but I had not ever found in the ordinary criminal courts. The Judge in the citation indicates that the hearing is conducted “in the interests of good management of the Administration of Justice and manors causation of harm to the parties and witnesses.”

His Lordship’s intention is good, and may be useful in trials where there are cited many experts, witnesses, law enforcement officers….

But in the case involves doubling the cost. Firstly, because the trial had only to be the defendant and my client, the victim. So to cite the parties today, are the same as for any trial.

The defendant is admitted to the prison of Can Brians, so to bring it today to the City of Justice will have to release him, and bring it to allocate a budget to accompany him at all times. For our part the victim is also under police protection because the accused in their day and threatened to kill and attempted murder. For me, this appearance did not pay anyone, not provided in the proceedings which are paid by the duty counsel.

Therefore resources used in this hearing today are not few. Not to mention that further collapse is the agenda of the court and the victim resulting in secondary victimization that does not have to endure.

If non-conformity (which I doubt the beech), in a few months we will have to go back all the trial.

So if the cost of the hearing (except as it relates to my honoraries) is X, the final cost of the trial will be X x 2.

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