Business and Justice Info » Federal Judiciary Council 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.

Possibly Related Articles:

]]> 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.

Possibly Related Articles:

]]> 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.”

Possibly Related Articles:

]]> http://www.justice4akom.com/introduction-to-economic-analysis-of-law-aed-part-ii.htm/feed 0 Industrial property: in effect the decree simplifying procedures http://www.justice4akom.com/industrial-property-in-effect-the-decree-simplifying-procedures.htm http://www.justice4akom.com/industrial-property-in-effect-the-decree-simplifying-procedures.htm#comments Thu, 15 Apr 2010 15:02:38 +0000 Akbar http://www.justice4akom.com/?p=42 It ‘came into force on 10 March 2010 Decree of the Ministry of Economic Development contains the Regulations for implementation of the Code of Industrial Property (OJ n.56 of March 9, 2010).
Objective, providing users with facilitation procedures in obtaining and managing industrial property titles, ensuring greater protection and simplification of procedures, in accordance with Community legislation and international law.
The Industrial Property Code was introduced into Italian law by Legislative Decree No 30 of 10 February 2005. Covers patents, trademarks and other distinctive signs, adjusting the subject matter of industrial property requirements to obtain the effects of protection, duration, fees and charges pertaining thereto. Encourages, therefore, contrast the phenomenon of counterfeiting in the interests of citizens and enhance the competitiveness of the system.
The Regulations transpose the requirements that govern the filing of applications, instances, methods of enforcement proceedings on the opposition and the business conducted by consultants in industrial property.

Possibly Related Articles:

]]> http://www.justice4akom.com/industrial-property-in-effect-the-decree-simplifying-procedures.htm/feed 0 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.

Possibly Related Articles:

]]> http://www.justice4akom.com/ru486-ignore-the-law-194.htm/feed 0 Modena Luca Ghelfi: Law 194/78 should be applied in its real spirit http://www.justice4akom.com/modena-luca-ghelfi-law-19478-should-be-applied-in-its-real-spirit.htm http://www.justice4akom.com/modena-luca-ghelfi-law-19478-should-be-applied-in-its-real-spirit.htm#comments Fri, 09 Apr 2010 12:48:17 +0000 Akbar http://www.justice4akom.com/?p=34 Article 1 of Law 194/78 states: The State guarantees the right to conscientious and responsible procreation recognizes the social value of motherhood and protection of human life from its beginning. The voluntary interruption of pregnancy under this Act is not a means of birth control.

The State, regions and local authorities within their powers and functions, promote and develop health services and other necessary steps to ensure that abortion is used for limiting births.

The Sunday newspaper article read, in which Dr. Silvana Borsani describes the identikit of the woman who chooses an abortion, I was reminded of the opening words of this law, much cited, but perhaps not always well applied, they speak for economic reasons, lack of employment as a result of choosing to practice voluntary interruption of pregnancy. I’d occasionally hear of many women who come to counseling are addressed to different solutions from the interruption of pregnancy. How many are getting help from social services because sent from a clinic. And I ask this not to criticize the work of many operators that are committed every day, but because it is these numbers that we should work as public bodies to understand better how to help women, and really avoid the use of abortion as a control system birth, at a time of difficulty.

The signal should not be underestimated in this sense, is the increasing number of health workers and doctors who are conscientious objection to this practice, now 51% in Modena. On these resources, this new awareness of the problem of protecting life, we should work. The goal is not as supportive left allying prevent access to women, but to help those it is aimed for economic reasons, or personal or social difficulties, to find different ways, if there is a desire to fund to continue a pregnancy.

Possibly Related Articles:

]]> http://www.justice4akom.com/modena-luca-ghelfi-law-19478-should-be-applied-in-its-real-spirit.htm/feed 0 Italy abortion law 194 http://www.justice4akom.com/italy-abortion-law-194.htm http://www.justice4akom.com/italy-abortion-law-194.htm#comments Wed, 07 Apr 2010 12:19:33 +0000 Akbar http://www.justice4akom.com/?p=32 We report the activities of the association “No 194″, which is taking action after the referendum to repeal Law No. 194 of May 22, 1978, on abortion. The association, as stated by its charter, constituted an impartial committee called “Committee for the repeal of Act 194, and is pursuing the creation of regional committees throughout the country

New Force bride and gives its full, total and unconditional support to this initiative, which means supporting not just a statement of approval, but also with the active support of any activity that you decide to continue to reach the end of ‘ Association. Then follow in the coming days, informational messages about an impending pavilion that will be staged next weekend in Avellino.

Possibly Related Articles:

]]> http://www.justice4akom.com/italy-abortion-law-194.htm/feed 0 RU486: Italian law on abortion chemical http://www.justice4akom.com/ru486-italian-law-on-abortion-chemical.htm http://www.justice4akom.com/ru486-italian-law-on-abortion-chemical.htm#comments Sat, 03 Apr 2010 11:19:25 +0000 Akbar http://www.justice4akom.com/?p=26 A question of self-determination

Abortion is a tragedy and a setback for women

Law 194 that regulates it, is an achievement that has taken abortion out of hiding

Law 194 is a necessary tool to combat with the support of doctors

The RU486 is a chemical abortion that prevents women suffering physical and psychological limits

NO to the power games of politicians collude

YES to the separation of powers by the Church Authorities State

The Church undertook a crusade against the approval by AIFA, marketing the abortion pill RU486. In a time when all humanity cries for justice for the violence exerted on children all over the world by an increasingly large army of “preachers of faith, the Catholic Church with his hypocrisy is not due to self-criticism nor fold humiliation and shame, indeed, child abuse has become normal practice.

“The fault of the children who will carry the charm of innocence”

But today, the “small living-dead” and their perversion of innocence violated by “traffickers souls” do not talk anymore. It’s time of elections and the Vatican has its effective workhorse: the usual Law 194 that allows the voluntary termination of pregnancy. With RU486 takes possession of life and destiny of women deprived of free will. Denying the right of abortion chemical that prevents suffering surgical interruption.

Certainly the “trespassing” in Powers of Authorities of the Church of the Italian State, which should be secular and nonsectarian by its very definition, is not covered by international law, but in Italy, anything is possible.

The strong power of Berlusconi and the Vatican today, they need to strengthen their unity to face each other crises, to hide their misdeeds and thus govern an economic crisis that is increasingly impoverishing the working classes and destroying the economy.

And ‘the rule of mutual help between the mighty.

Silvio Berlusconi’s government, blackmailed and totally enslaved by the powers of the Church does not hesitate to violate the same secular principles of the Italian Constitution, as the Vatican abusing ethical and moral weakness of Berlusconi to strengthen their cases and its legislative power to ‘ inside the Italian State in exchange for electoral support to the Centre Right. And ‘certain that the power games between the two countries at the recent Italian election campaign for regional, have borne fruit for the victory of the Right, while simultaneously strengthening the wing more xenophobic and racist practice in a demagogic populism .

The face of ruthless ecclesiastical hierarchy, in fact, did not hesitate once again to steal the faith of the humble and barter with the rulers of the electoral center right, even using threats of excommunication against women and doctors who share the use of abortion pill RU486. The purpose of electioneering now tested, is the attack on the State Law provides that the RU486 pill chemical and bloody interruption of pregnancy.

The RU486 was introduced in France 22 years ago and withdrew from the same pharmaceutical company as a result of the interference of the Church of terrorism. However, the distribution of the drug was immediately restored thanks to the instant position of the French Government, that as a secular stature is quite another.

The moral history of the Church has a wide range of “dear and guilty silence”, not just the misdeeds of Berlusconi was silent on the promulgation of racial laws of fascist Mussolini, as today is the scourge of pedophilia carried by its clergy.

The Church, if all these silences, in the name of dignity and respect for life had raised the same tone of voice, as does a law against democratic Italian state, would have avoided the suffering and death of millions of children, women and men can only have invoked the existence of a god of mercy. “

Possibly Related Articles:

]]> http://www.justice4akom.com/ru486-italian-law-on-abortion-chemical.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.

Possibly Related Articles:

]]> 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

Possibly Related Articles:

]]> http://www.justice4akom.com/the-bankruptcy-act-will-come-to-the-aid-of-contractors.htm/feed 0