Criminal Investigation Procedures: Statements, Witnesses, Evidence
T7: Acts of Concrete Research
Statements by the Accused
One of the citizens’ fundamental rights, recognized in Article 24.2 of the Constitution, is the right not to self-incriminate and not to plead guilty. If arrested, an initial statement, known as an inquiry, is taken within 24 hours of detention, extendable for another 48 hours with just cause. This process is repeated as often as the instructor, prosecutor, or other parties deem necessary. The first interrogation aims to determine personal circumstances,
Read MoreLegal Subjects: Natural Persons in Chilean Law
Subjects of the Law: Natural Persons
Concept and Classification
Article 55: “They are all individuals of the human species, whatever their age, sex, race, or status.”
A person or entity is any being capable of acquiring rights and obligations. These may be Natural (human) or Legal (moral or legal fiction).
Natural Persons
a) Existence: Natural Birth and Legal Existence
e) Presumed Death
Natural Existence: (Art. 75) The law protects the life of the unborn (e.g., suspending the punishment of pregnant women)
Read MoreCriminal Liability and its Consequences
Liability Arising from Crime and Death Accessory Consequences
1. Concept and Nature of Liability
The commission of a crime gives rise to criminal liability. This liability can arise ex delicto, where the individual responsible for a crime faces penalties defined by the state. These penalties serve preventive purposes, both general and specific. While the criminal is responsible to the state and community for punishment, liability also involves repairing or compensating the victim for the effects of
Read MoreSpanish Civil Code: Property Rights and Easements
Q&A on Spanish Civil Code: Property and Easements
23. Easement of Light and Views
The easement of light and views is an easement related to property tax and voluntary refusal (if the wall itself is open). It is considered apparent and continuous. It can be positive if there are openings on another’s wall or a dividing wall, and includes cantilevered balconies when there’s an obligation to allow invasion of airspace.
24. Surface Rights Origin and Duration
Surface rights originate from the contract
Read MoreVictim’s Rights in Criminal Procedure: A Comprehensive Analysis
Victim and Criminal Procedural Law
These rules aim to mitigate the psychological impact on victims interacting with the criminal justice system. They reduce the feelings of helplessness, fear, and despondency that can lead to mental health issues. Procedural provisions focus on recognizing victims’ rights, participation, and protection.
Legislative Developments
Instruments like the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, the 1985 Council of Europe recommendation,
Read MoreSources of Law: A Comprehensive Analysis
Sources of Law: A Comprehensive Analysis
Audience
This analysis is relevant to various legal fields: constitutional, administrative, criminal justice, international public, church, private financial, civil, commercial, labor, rural legislation, and procedural law.
Sources of Law
Sources of law are categorized as:
- Formal: Social imperatives established by authorities, possessing legal authority.
- Material: The material object itself provides the basis for legal understanding; it lacks inherent authority