Core Principles of Criminal Law
Item 8: Core Principles of Criminal Law
Criminal law focuses on punishing *facts*, not thoughts (“nemo patitur poenam cogitationis”). Individuals are judged by their actions, not their lifestyle or beliefs. Preparatory acts are sometimes punishable, but mere thoughts are not. Totalitarian regimes may punish based on lifestyle or thought, but this is not the norm in most legal systems. Individuals are responsible for their own actions, not those of others; collective responsibility is not recognized.
Read MoreUnderstanding Insolvency Proceedings: Competition & Settlement
The Competition Process
The competition process involves a common phase followed by two possible outcomes: agreement or settlement.
1. Budgets and Establishing Concurso
This phase is initiated in case of a debtor’s insolvency, where they cannot fulfill their payment obligations. The insolvency law dictates the judge’s determination based on the applicant (debtor or creditor).
- Debtor Application: Insolvency can be present or imminent. The debtor must demonstrate their financial situation.
- Creditor Application:
Chilean Occupational Hazard Law: Key Aspects
Law N° 16,744: Occupational Hazards Insurance
This law mandates compulsory social insurance against occupational hazards and diseases in Chile.
Objectives
- Prevention
- Health Care
- Economic Performance Award
- Rehabilitation
Security Principles
- Solidarity
- Universality
- Integrity
- Unity
Protected Persons (Article 2)
- Employees, regardless of work conditions
- Students
- Civil administration officials
- Self-employed and family workers
- Public sector workers (Law 19,345)
People (Civil Code)
- Article 54: People are natural or legal
Spanish Ecclesiastical Law: A Comprehensive Overview
Lesson 5: Sources of Spanish Ecclesiastical Law
Introduction
The sources of law are fundamental to any legal system. Understanding how law originates within a system is crucial for any legal expert. Issues of legality, hierarchy, and the interplay of norms are directly linked to the source of law. This understanding is essential in Spanish ecclesiastical law, which has unique characteristics within the broader legal framework.
While there’s general agreement on the importance of studying legal sources,
Read MoreExploring the Foundations of Administrative Law
Special Study of the Rational Sources of Administrative Law
Sound Sources
- Custom
- Jurisprudence (Court decisions are not legislation and not mandatory)
- Scientific Doctrine
A. Administrative Court
Two Accepted Perspectives:
- Legal science
- Legal interpretation
Ulpian: He equated administrative law with justice itself.
Kelsen: He discussed administrative law within the context of sociological jurisprudence.
Planiol: He focused on how courts interpret laws.
Solar Light: He highlighted the habit of consistent judgment
Read MoreUnderstanding Legal Subjects and Procedural Capacity in Litigation
Legal Subjects and Their Interests
The Parties Involved
Legal subjects are individuals whose interests are central to legal proceedings. According to Chiovenda, a party is someone who initiates a voluntary action under the law. Calamandrei describes parties as the key figures in the courtroom, with the plaintiff driving the process.
Plaintiff or Applicant
This is the individual who initiates the legal action, either personally or through a representative. They are considered a party in both a formal
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