Business and Justice Info » judicial system 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 COMMON LAW http://www.justice4akom.com/common-law.htm http://www.justice4akom.com/common-law.htm#comments Tue, 27 Apr 2010 01:42:09 +0000 Akbar http://www.justice4akom.com/?p=63 The principle underlying the common law is that cases should be resolved by reference to previous judicial decisions, rather than subject exclusively to written laws made by legislative bodies. This principle is what distinguishes the common law system of continental European law and of other countries. While in the continental legal, judges resolve cases basing their judgments on legal rules set in advance, in the common law, judges are more focused on the facts of the case to reach a fair and equitable outcomes for litigants .

When it meets a number of judgments about a particular set of similar responses, extract general rules or precedents that become guides for guidance when the judges have to solve similar cases in future. However, subsequent cases can contain various facts and considerations, for example arising from social changes or different technological conditions. A judge at common law is therefore free to get open or dissent from the doctrine established by precedent and have a new rule for the decision, which in turn will become a new precedent if accepted and used by other judges. Thus the common law has a continuing momentum for change. As Supreme Court Judge of the United States Oliver Wendell Holmes wrote in his book The Common Law (1881): “the life of the common law was not logic, but has been experimental.”

In every system of common law outlines a pyramidal structure of courts to define and clarify the law. At the base of the pyramid is the trial court (in English, the court of first instance). In criminal prosecutions, with the judge, also involved a jury: the judge decides and instructs its components on the law and it is they who decide on matters of fact. Except for cases of defamation, malicious prosecution and false imprisonment, which are decided by a jury in civil actions only the judge decides, both in regard to legal questions as to the factual.

Above the lower courts are courts of appeal, made exclusively by judges responsible for arbitrating disputes. These discussions are focused on finding out whether the lower courts have applied the correct legal principles and whether they have drawn the right conclusions from the data established facts in civil cases. The interpretations of law made by the appellate courts are established precedents that inform the decisions of future cases. Keep in mind that the importance of precedent for any court depends on the position of the court in the hierarchical structure described above. For example, a precedent set by an appellate court has a greater legal force to the courts of first instance for the rest of the other courts of appeal.

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]]> http://www.justice4akom.com/common-law.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.

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]]> 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.

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]]> 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.

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]]> http://www.justice4akom.com/modena-luca-ghelfi-law-19478-should-be-applied-in-its-real-spirit.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 Guides to understand the new Law on Noise in Castilla y Leon http://www.justice4akom.com/guides-to-understand-the-new-law-on-noise-in-castilla-y-leon.htm http://www.justice4akom.com/guides-to-understand-the-new-law-on-noise-in-castilla-y-leon.htm#comments Mon, 29 Mar 2010 13:59:54 +0000 Akbar http://www.justice4akom.com/?p=18 The Chambers of Commerce and Industry of Castilla y Leon, in collaboration with the Ministry of Environment of the Board and Caja Duero, distributed and autonomous SMEs in the region 4000 guides for information on the implementation of Law 5 / 2009 of Noise.

The aim is that companies in the region, especially those that modify or create new activities, may have a reference document to be able to consult and to resolve all issues that may arise in implementation and content of the Act Castile and Leon.

This initiative is part of the Permanent Environmental Forum, which aims to foster positive attitudes in companies established in the Community towards the environment.

The greatest novelty of this Act for SMEs is that the preventive control is enhanced for new activities-in the stage of authorization, licensing or environmental communication, and communication in the startup phase of the activity, and control and subsequent inspection once they are operational. It affects all those businesses or activities that have some sort of sound source and the potential to cause discomfort, risk or harm to people or the environment from noise and vibration.

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]]> http://www.justice4akom.com/guides-to-understand-the-new-law-on-noise-in-castilla-y-leon.htm/feed 0 Seek to improve and modernize Mexico’s judicial system http://www.justice4akom.com/seek-to-improve-and-modernize-mexicos-judicial-system.htm http://www.justice4akom.com/seek-to-improve-and-modernize-mexicos-judicial-system.htm#comments Wed, 24 Mar 2010 13:18:44 +0000 Akbar http://www.justice4akom.com/?p=9 Modernizing justice, expand coverage and strengthen the credibility of the institutions are all essential for strengthening the judicial system of Mexico.

Mayagoitia Guillermo Ortiz, minister president of the Supreme Court’s Office and the Federal Judiciary Council, said justice needs to be modernized to keep up as required.

“We also must remove the conditions or situations of inequality that prevent or hinder certain flow of justice,” he said.

It is necessary to expand coverage and the proximity of a provider of justice agencies to populations, stressed, expanding the ways of justice.

A third element is the credibility of institutions, he added, meaning that they must have credibility, certainty and social trust.

During his visit to Mexicali to the inauguration of the Regional Seminar Disclosure and Analysis 2010, said that society is more attentive to the judicial system in Mexico.

“Observers have expressed concern citizens to know the controls to which bodies are subject to dispense justice and their owners,” he said.

To resolve these doubts, he reported, was created the Citizens’ Observatory of Justice extended its horizons to all jurisdictions that make up the Mexican Association of Importers of justice.

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