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Legal basis of police reports.

In criminal matters, police records are essential in the first stage as the school where they must have a fundamental formalism in the collection of all elements of persuasion that the first time the Public Prosecutor's Office I evaluated for their respective final act. One of the ways that knowledge is the security organs of the State of an offense is through being able COMPLAINT orally or in writing and shall contain the identification of the complainant, the indication of his domicile or residence, the narrative circumstances of fact, the affirmation of those who have committed and the people who have witnessed or become aware of it, all as you appear or the complainant.

In this sense it is necessary and important to note that the police records should be careful with the statement of facts that do the same because, not all criminal cases are working well, then parties formalism for each subject:

ADOLESCENT CRIMINAL LIABILITY, plus police records corresponding to policing rules contained in the Code of Criminal Procedure, must state that was imposed on the teenager arrested of their constitutional rights contained in paragraph 5 of Article 49 of the Constitution of the Bolivarian Republic of Venezuela and 654 of the Organic Law for the Protection of Children and Adolescents.

CORRUPTION: according to the provisions of the law against corruption, safeguarding the rules governing the conduct of persons subject to be in charge of herself, based on the principles of honesty, transparency, participation, efficiency, effectiveness, legality, accountability and responsibility embodied in the Constitution of the Bolivarian Republic of Venezuela.

ENVIRONMENTAL the minimum requirements to be included in the police report on the environment depends on the offense in question, this matter must have technical knowledge vital to the proper preparation of police reports is recommended that the Public Prosecutor's Office this guide (your duty to be) the making of it.

DRUGS: to be a special subject is very important to indicate with specificity how the substance is seized, that is, if it's inside a suitcase belonging a particular person, allow explicit evidence of why that person is approached and subjected to both physical or check your luggage, likewise indicate the characteristics of the baggage. It is essential that the staff indicate in detail the quantity and characteristics of the drug seized and the place where it was found, in order to be able to identify the behavior of each of those apprehended.

GENDER VIOLENCE: must mean the obligation of agencies responsible for receiving complaints, in order to issue the relevant safety and security measures and carry out the urgent and necessary measures, together with the preservation procedures SPECIALISTS in cases of arrests in flagrante delicto, which the receptor organs should verify whether the fact is no more than four (24) hours of being made, if so, they have twelve (12) hours verify the complaint and the offender apprehended in flagrante delicto. According to the provisions of the Organic Law on the Right of Women to a Life Free of Violence.

However, as constructive criticism, I have observed eyelid and laziness and lack of interest in the officials to learn and apply the knowledge and means a total neglect and laziness to write, read, study and learn to draw, resulting in a large "mental Laziness" which results in that court rulings are granted the freedom to defendants and accused of failures in the Police Act.

Finally, it is important that the acting official is the individual who performs the act, since in practice it is known that those drafting the Act are employees who did not participate in the proceedings, but in many cases their work is the exclusive This results in the police report that committed so many mistakes.

José F. Monaza M.

Advocate

Monaza17@hotmail.com

http://asesorialegalenvalledelapascua.blogspot.com/

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Hans Kelsen. Benefits

Kelsen, born in Prague in 1881, studied at the Universities of Vienna, Heidelberg and Berlin, PhD in 1906. Being Austrian legal and political thinker, in 1911 published a book in which first exposed the doctrines which are the Pure Theory of law doctrines designed to have a huge impact as they would in cataloging the founder of the theory Pure right according to the conception of the right pyramid giving the nature of science to it.

regard, the law is a way to right in the sense to categorize the rules from a higher to a lower status, this happens also for example in biology, taxonomy is one way of doing science in it. I think one of the things we can highlight the work of Kelsen, is that through this scientific tool aims to eliminate any influence psychological, sociological, legal construction.

Kelsen's pyramid is the result of his most famous work: "Pure Theory of Law" , a work that certainly should be mandatory reading for any student of law. Establishing a ranking of legal norms, putting some over others at the time of application. Under the doctrine set FUNDAMENTAL LEVEL (The Constitution), LEGAL LEVEL (International Treaty Organic Laws, General Laws, Codes, Law Approving, enabling laws, the Constitutions of the States, Laws state taxes, municipal ordinances, decrees laws) and LEVEL SUB-LEGAL (Regulations, Autonomous Regulations : Agreements Executive Orders, Resolutions, Orders and Instructions: Contracts.) at sub-legal acts were all administratively.

As already noted, this pyramid is made as a stop putting up any legislation the Constitution, followed by international treaties that are located under the constitution and above National Assembly laws, then laws state and municipal ordinances (...) among others.

In this same vein, another aspect to consider Kelsen's work is that for him, the primary data of legal experience, as is the norm, and whose structure is a hypothetical proposition.

Kelsen's pyramid is an attempt to give scientific approach and this gives validity to his approach, but must also evaluate its restrictions, so for example when telling us that the steps that are interpreted base is invoked by the upper base or step, is a categorization but this does not mean that in absolutely the right category of science acquired, but if embargo is a good step in that process of giving scientific nature.

In summary, the Pyramid of Kelsen, is nothing more than an educational resource for understanding within the field of law in the ranking of legal devices, putting the Constitution in the peak in descending pyramid and the lower-ranking legal norms, not having any agency that you can edit.

Abg. Joseph F. Monaza M.

Monaza17@hotmail.com

@jmonaza

http://asesorialegalenvalledelapascua.blogspot.com/

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inventory in succession or inheritance.

The acceptance of an estate is done with benefit of inventory, when the heir LIMITED responsibility for the liabilities of the succession to property of his own legacy, separating the assets of the heir to the estate collection , for not responding with their own property. Ownership unbundling remains to extinction of the debts and liabilities inherited.

This legal entity has its origin in Roman law noting that the successor took the place of "pater " as head of the family and was the owner of all assets, both credits and property and their debts, which creditors fully guaranteed the collection of its receivables, and causing you not to declare infamous for failing to meet their obligations, since be insolvent performed a procedure called " bonorum Venditio " culminating the sale of all its assets at public auction and the taint of infamy.

can also be found in the third century AD, when Emperor Gordian the military granted a privilege, which was to respond only to the assets of the deceased, if they had accepted a legacy of ignorance. In this tenor in the year 531 the Emperor Justinian issued a Constitution, which granted to all heirs, the ability to accept the inheritance with the benefit of inventory, safeguarding their own heritage, but meeting certain requirements.

Today, our legal system, gives the power to simply accept the inheritance or benefit of inventory. The fundamental difference is that accepting the inheritance without benefit of inventory, the heir becomes liable for all debts of the deceased, in addition to the assets of the estate, with their own .

In the same vein, and s advisable in cases where there is doubt about the solvency of the deceased as heir respond only debts of the deceased up to the amount of assets that are allocated by inheritance. The acceptance for the benefit of inventory can be before the notary or consular agent if the beneficiary is abroad, or before a judge.

For the purposes of this, the heir is obliged to pay debts to creditors first in the order to show the commitment and then split other heritage charges ONLY TO THE EXTENT THE GOODS thereof, without prejudice to any changes that arise a subsequent administrative check . This means explaining that preserves, against the estate, all rights and actions to take against the deceased, ie not confuse the separate property of the heir to those belonging to the estate.

All heir may accept the inheritance with the benefit of inventory, although the testator has forbidden it. Before accepting the inheritance to the benefit of inventory can be ordered the formation of inventory to see if they accept it. The statement has no effect if not accompanied by a faithful and accurate inventory of all assets of the estate, made with the formalities and within the time limits established by law.

In conclusion, acceptance of an inheritance with the benefit of inventory, it means that if the balance was debtor remain unpaid, without compromising their own property.

Abg. Joseph F. Monaza M.

Monaza17@hotmail.com

@ jmonaza

http://asesorialegalenvalledelapascua.blogspot.com/

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From "prepro" (De presidents owners) ... Conflict with prepaid

It seems that our hunch was confirmed just ...

The leadership of city, province and many other parts of the country goes down and stays out of the discussion, exposure and chafing exhausting every time you have prepared released with a "blow" that benefits their own pockets at the expense of Mr historically disadvantaged, ie, Mr "no owner."

say "tried" to participate in the joint?? It's really funny, verging as delusional.
it be that the unions were not allowed to get at all??
Or is it really that the trades that are armed with the Cadeneros and the same union, was what does not "allowed" to advance the issue??
course, how they want to prioritize the colleague as employees, valuing their hard work and paying them properly, then if you are slaves to their own words and will have to pay them more professional staff have in their own pharmacies? ?
Or is it coincidence that presidents of colleges that have 1, 2 or 3 pharmacies, wash their hands and surrender to the colleagues who used a union nasty, invasive, and corrupt has nothing to do stealing a contribution fee or a pharmacist association should not try to "absorb", and that its existence should be made to represent non-professional employees pharmacy. Not to mention the other grout which also calls itself the trade union and does not even have personality for such purposes ... And we do not get better analyze where they come from, what nefarious characters for the profession rests with the heroic act of its foundation, nor we want to discuss the relationship between former presidents of some colleges, some biochemical wife was promoted "by force" Curritos and were arming themselves to follow their own coffers swelled ...

Meanwhile, despite the fact that many colleagues seem not to want to wake up from anesthesia that back in September of 2010 they struck the circus turned in a meeting organized by miradapropietaria.com and all Shift your mats engaged to entertain the thousands of colleagues gutless, self-esteem, initiative for change or personal management skills, which are as stunned watching the mirrors that show them colors and publications on topics totally secondary to the real crisis that plagues our profession ... Still, many other colleagues are reacting by calling things by their name and continuing the public escrache (maybe just for now by this means) of all corrupt leaders and their cronies in power.

We will not stop, whether Crow, Fefara, schools, trade unions or who are concerned ... Let's go all the way ... Until the total exposure is and has no return ...
And there, at that time, at that point, they will have no one to go ... all alone ...

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Practical Guide for victims in criminal proceedings. Malpractice

1 . Who is considered victims?

direct victim is a person who has suffered damage or consequence of a crime. They are also considered victims, albeit indirectly: the spouse or person with whom he married life for over two years, child or adoptive parent, relatives within the fourth degree of consanguinity or second degree, and the heir, in the crimes which resulted the disability or death of the victim, and in any case, when the offense is committed against an incompetent or a minor. (Art. 119 of the COPP).

regard to crimes affecting a legal person (such as corporations, partnerships and companies) , suffer the partners, shareholders or members.

2. What are the rights of victims of a crime?

The COPP allows victims to participate in criminal proceedings, following, in any case, the rules provided for it. Consequently, they were granted, inter alia, the following rights (Art. 120 COPP): " (...) Submit complaint (...) To be informed of the outcome of the process. (...) To request protective measures against probable attacks against him or his family. (...) To adhere to the prosecution's case or make an own private prosecution against the accused in the crimes of public action, or a private prosecution for crimes parte dependent. (...) Exercise civil actions in order to establish civil liability from the offense, and thus obtain compensation for damages and losses caused. (...) To be heard by the court before deciding. (...) Challenge judicial decisions. "

3. I was a victim of a crime Which I can do?

State institutions at the service of citizens, can not help until you are aware of what happened. So the first thing is to inform the authorities of the fact that constitutes the offense. The complaint is the primary way to notify the authorities, either verbal or written, and may be filed with the Public Prosecutor's offices, security bodies, Ombudsmen and other institutions under the law, who are obliged to take care not to incur officials disciplinary or even criminal liability. Use the emergency phone number in case of emergency.

4. What is the role of victim in the process?

As the victim the person directly injured by the crime, usually the main source of information regarding the circumstances of the event. In this sense, and whenever there is a possibility, it is important that the victim cooperate with prosecutors and law enforcement agencies as investigative phase passes, providing true data serve to clarify the facts.

other hand, the victim may act directly in the criminal proceeding, according to the contents of the answer to question No. 2. That is, can appoint an attorney to represent their interests, present self-accusation, promote testing, among other actions.

5. Can you protect the state if my life is in danger?

SI. Articles 118 and 120 of the COPP determine the protection of victims as one of the objectives of the criminal proceedings. The criminal courts have jurisdiction to issue the necessary measures to prevent or stop any fact that means a serious risk to the victim. The "Law on the Protection of Victims, witnesses and other procedural subjects" adopted in 2006, establishes the provisions to protect the rights and interests of victims.

6. What about damages caused by the offender during the commission of crime?

The victim may bring actions for civil liability claim from the crime. The repair of damages and compensation for damage caused can be requested before the same court which delivered the sentence. In must be conviction and failure is a final. To result from the claim, the court shall order the restitution or adequate compensation

Abg. Joseph F. Monaza M.

Monaza17@hotmail.com

@ jmonaza

http://asesorialegalenvalledelapascua.blogspot.com/

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.

The "Malpractice" is defined as poor professional performance of negligence, the best known is the care that has consequences for the health and lives of patients. Given such a situation, it FIRST CHECK to be that has certainly been a bad practice, so that the first step is to get medical records where he was treated once with the record in hand should be sent to check with a specialist in Legal Medicine, who prepare a comprehensive report on medical malpractice, finding that there is damage evident in the body, understood as a body, or health, stretching the concept to both the physical and the mental, and this is inclusive of all diseases and disorders of order psychiatric, psychological, employment, individual and relationship, to impact on others.

SECOND In all, the damage must necessarily originate in a reckless or negligent act or result of the incompetence or the departure from the standards and duties by the tortfeasor or departure from the rules of the Law on Medical Practice and Code of Ethics.

then the lawyer who must be a specialist in this field to analyze the report and together with the other elements of conviction, lodged a complaint in compliance with the requirements that must contain the same, specifically those found in paragraphs of Article 294 of the Criminal Procedure Code (COPP), we must stress that many attorneys, engage in serious mistake to attribute the alleged crime of MALPRACTICE, given that this figure NO is a criminal offense in our legislation criminal she belongs to the "dogmatic penalty," used to describe injury to health, mental illness or physical suffering caused by the wrongful conduct of a professional.

At the same time, in such complaint should describe the facts in compliance with Article 294 of the COPP ordinal 3, could be the culpable homicide, serious injury, among others, jointly and severally liable encompassing of malpractice, all health professionals from medical institutions and doctors to nurses and assistants, who have engaged in damage patient care, be coming to an imprisonment of five (05) years plus the ancillary the same as cover loss of license for professional practice.

worth adding that the malpractice goes beyond the medical, playing to all professionals, even a bad lawyer when in practice takes advantage of the client and uses it to abuse it, so that a trial goes well, when not to say that you are occupying, if not already doing so, and thus errors occur, of course there's malpractice lawyer, of course they can claim if we do things right , they may even withdraw the bar association.

In short, I wanted first, to present a vision and a framework on the issue of malpractice and its legal connotations, on the other hand, ask your continuous contribution in ideas and activity, all destined to enter some of our intellectual energy and body, to a professional status and legally recognized to be a better person, both personally and socially .-

Abg. Joseph F. Monaza M.

Monaza17@hotmail.com

http://asesorialegalenvalledelapascua.blogspot.com/