Judiciary and Public Prosecutor: An Overview
ITEM 29. THE JUDICIARY AND THE PUBLIC PROSECUTOR
I. The Constitutional Setting of the Judiciary
The constitutional state is based on the separation of powers, or more precisely, on the material division of functions and the formal separation of powers. This means that state activity is recognized in distinct functions—ordinary tasks of very different material nature that are traceable to three core functions: the function to pass laws (legislation), the function of executing the mandates of these
Read MoreVictim Rights in the Spanish Criminal Justice System
1. Introduction
The emergence of victimology has helped alleviate the neglect of the victim, a situation mirrored in international and community law and now in our country. Victimology can thus build a public criminal law that guarantees the protection of fundamental rights and freedoms of all citizens, both aggressor and victim. It is necessary to overcome the traditional bilateral understanding (offender-State) of the penal system and include the victim, thus creating victim-State relations.
2.
Read MoreUnderstanding the Structure and Types of Law
LESSON 4
I. LAW.
1. Concept and Meaning.
The law is the rule of order that follows the Constitution. Rousseau defined it as “an expression of popular will,” an idea that remains relevant today. Besides the Constitution, community law also imposes limits on national law.
The law is the original legal mandate approved by Parliament, only susceptible to judicial review. In federal states, regional legislative parliaments of the federal states or regions also have this capacity. In Spain, there are, therefore,
Read MoreNicaraguan Criminal Procedure Code: Scope, Actions, and Due Process
Code of Criminal Procedures
End of Scope and Criminal Procedure
Article 1. Scope of the Criminal Process
The purpose of criminal proceedings is: I. Solving criminal claims. II. Resolving applications for compensation.
Article 2. End of the Criminal Process
Achieve, based on the proof of claims, the action of exceptions or defenses, and due process, the declaration or ruling that there was no crime, and where appropriate, sentencing and its legal consequences.
Criminal Action
Article 3. Scope of the Criminal
Read MoreLabor Proceedings: Warrants, Offices, and Evidence Handling
Warrants and Offices
Proceedings, warrants, and offices that cannot be performed in place through internal urge shall be entrusted to the Chairman of the Board nearest the place to be practiced. In the absence of treaties or conventions, the following rules apply:
- Offices will be forwarded through diplomatic channels to the place of residence of the appropriate authority.
- Signatures need not be legalized.
The Board shall issue the warrants and offices a day after the order. Warrants and offices shall
Read MoreVenezuela’s National Defense Council: Structure and Powers
Title III: Council of Defense of the Nation
Chapter I: General Provisions
Mission
Article 34. The Council of National Defense is the highest consultative organ for planning and advising the Public Power at national, state, and municipal levels, in matters related to safety and overall defense of the Nation, sovereignty, and integrity of the territory and other geographical spaces of the Republic. It shall formulate, recommend, and evaluate policies and strategies, and other related matters subject
Read More