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The simulation of insanity.

In the area of \u200b\u200bcriminal law at the time of judging the conduct punishable by a person is a consequence of the fact that the author of such conduct was asleep or in a state of mental illness.

Article 62 of the Penal Code states: "It is punishable that performs the action was asleep or in a state of mental illness sufficient to deprive of consciousness or freedom for their actions. (...) However, when the crazy or insane has executed an act that amounts to a sane a felony, the court shall order the detention in one of the hospitals or facilities for this class of patients, which may not leave without prior authorization of the Tribunal. If the crime was not serious, or if it is not the appropriate institution, will be delivered to his family's custody on bail, unless she wants to receive. "

As already mentioned, the Criminal liability exemption means that the offender can not apply a penalty. Penal Code provides for the possibility (not obligation) to implement a security measure.

is evident that this "privilege" of law, can be used strategically, the doctrine calls it " SIMULATION OF MADNESS" is typical of offenders prosecuted, that is ie not yet convicted by that means be expected irresponsible statements and evade repressive criminal law. Then the offender used the simulation as an effective remedy for be considered crazy.

To be declared "Loco" necessary expertise or specialized medical care is guaranteed to every citizen under Article 83 of the Constitution of the Bolivarian Republic of Venezuela, we can say "(... ) Health is a fundamental social right and obligation of the State, which shall guarantee it as part of the right to life. The State shall promote and develop policies oriented toward improving the quality of life, common welfare and access to services. Everyone has the right to health protection and the duty to participate actively in advocacy, and to comply with health and sanitation measures established by law, (...) "

In addition to the above described, must have medical records, psychological and forensic psychiatric on the mental status of the accused, the conditions that will allow a judge to be processed criterio.de suffers from a mental illness.

worth adding that studies common view of suicide attempts in the simulation cálceles like crazy, getting to the point that in three, two, at least, are simulated, in certain cases is to pity, with that appeal, the judge or judges, sometimes intended to demonstrate a deep repentance has invaded his mind. In both cases the offender uses half beating to mitigate the disciplinary response.

Finally, the simulation of mental illness has been prevalent in history we can find many, such as in the classic war of Troy, the mighty Ajax, "(...) do not hesitate to simulate Madness: a plow harness a horse and an ox, and began to plow the sands of the sea and sowing salt instead of wheat (...) " all for the purpose of which is not separated from his young wife. In order criminal law these "pantomime" try to avoid criminal punishment, seeking safe passage into madness of irresponsibility, which is exempted from punishment.

"Getting the crazy to have a good life"

Anonymous.

Abg. Joseph F. Monaza M.

Monaza17@hotmail.com

http://asesorialegalenvalledelapascua.blogspot.com/

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paternity inquiry procedure.

Given the parent's refusal to recognize the child before or after having a birth certificate, previously the courts, through a paternity inquiry procedure, in charge of resolving this dispute in accordance with Article 210 of the Civil Code.

However, a new variant was designated since 2007 in the Law for Protection of Family, Maternity and Paternity published in Official Gazette No. 38,773 of September 20, 2007 (LPFMP) when it was established that in the case of recognition of children was in the administrative, ie before the competent CIVIL REGISTRY to be carried out this procedure of recognition.

Thus, the Law for Protection of Family, Maternity and Paternity establishes the procedure to bring the Civil Registry for this type of recognition, since being made the presentation of the child or girl, the officer or competent official of the Register, prepare immediately respective birth certificate. Likewise, the civil servant shall notify the person named as the father of the child, within five working days following the presentation, for the purpose of appearing before the Civil Registry to recognize or paternity, within ten working days notification. But if, having been notified of the person named as the father, appeared before the Civil Registry and accepts paternity is considered a voluntary recognition with all legal purposes, noting the recognition in the record and in the Book of Birth concerned. That is why civil authority will issue new birth certificate to replace what was raised with the presentation the mother, which would be void. The new Act contains no mention of administrative procedure carried out.

In the event that the person named as the alleged father of the child denied paternity, you can apply the practice of biological paternity test Deoxyribonucleic Acid (DNA) or other related expertise. In this case, the Registrar shall order it conducive to the purposes for which the specialized agency make such expertise, in this case the Venezuelan Institute for Scientific Research (IVIC), as GRATUITY be guaranteed by the state. If the alleged father refuses to do this test, be considered as evidence against him. If the expertise for the determination of parentage confirm paternity, it will record that fact in the proceedings and in the Book of Birth, have their full legal effect and shall give birth record considered as a voluntary recognition all legal purposes.

Currently, this procedure is unknown to many lawyers and legal practitioners, using the traditional way of inquisition trials of parenthood, this rule resulting "repealed" by ignorance and stubbornness, there bear in mind that the Civil Registry not be limited to continue with the same machine work (birth, marriage, death, faith, life, etc.), its application by the Registrar give higher facilities in the recognition and create less trauma to children that result from extramarital unions, so that after a period of almost 4 years since the publication of the law is notoriously inefficient rules that help you be more rapid solution to this problem.

Abg. Joseph F. Monaza M.

Monaza17@hotmail.com
http://asesorialegalenvalledelapascua.blogspot.com/

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"The police that I want (...)" Record

few days ago, talking to a good friend of mine said to a reflection "The I want police, is one who is willing to give everything for the society and not one that is pending to get people ", starting from this expression, no doubt, among the priorities of a police officer must be relevant factors as ethics, which is given by a good education that can give people confidence.

It is appropriate that the work of "police" is hardly enough modest to live. For many are the "bad " of a society that both need, a police friend tells me "(...) glad to serve others and feel important when we save a life or protect the innocent (...) but sometimes they all do not throw insults and abuse when we do our duty (...) when I leave the house again because I do not know if our work is a constant risk (...) do not have time, because it is true that work 24 hours but Sometimes a service, we need bend at times (...). "

is clearly seen that is a cruel reality, is a job that is not for everyone, not so easy to take to the streets, to police this a must have maturity mental, emotional control, sensitive to social problems, leadership, physical fitness, courage and SUITABILITY OF SERVICE. The adoption in 2008, by President Hugo Chavez of Decree with Force of Organic Law on the Police Service and National Police, is the tool to crystallize the political will of the Bolivarian Government progress in the sense repay the debt with all the law enforcement community and the people demanded radical changes in the police.

Under this law, the new police must be competent to settle disputes by non-violent, using conciliation mechanisms which generate a culture of peace and a tradition of conflict resolution by the community and institutional channels, but only use force in a gradual and differentiated when necessary and to protect rights.

should add that the female gender should be appropriated in police institutions, as parts key to this transformation and increase their numbers by placing them in strategic operational functions for the capacities of the women of the order - control and because it is scientifically proven that women DO NOT bribed as men.

dignity is an ethical commitment to policing that has to be assumed by all officers and officials of good will by the authorities and the community at large to establish a new police model that achieves indeed, providing security, respecting fundamental rights.

dignifying Walk Police, which is a shared responsibility and an ethical commitment of our time, respect for authority and it is, perhaps because the police that one offense, the one who yells or accused of "selling" is our cousin, our brother, our father, and maybe tomorrow I'm not around that gave his life for a society that really does not deserve it. VERY IMPORTANT! Make an instant best police, but let's sweat to be "A Better City."

Abg. Joseph F. Monaza M.

Monaza17@hotmail.com
http://asesorialegalenvalledelapascua.blogspot.com/