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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/

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procedural delay.

procedural delay, no doubt, is one of the scourges that undoubtedly distorts the tutelage of, human rights of citizens, so we have, that Venezuela is sufficient to note the relationship of causes that are elucidated in criminal courts, to find that the main cause of violation of the right to justice.

Article 26 of the Constitution of the Republic Bolivariana de Venezuela (Constitution) refers to the irregularity of undue delays in criminal proceedings, we note that in your head, says: "(...) to obtain a prompt and appropriate decision (...)" In its first part, to ensure justice "without undue delay so (...)", as guarantees citizens that justice will be swift and effective.

In line with Article 334 CRBV, states that "(...) the judges or judges of the Republic, within the scope of its powers and in accordance with the provisions of this Constitution and the law are in the obligation to ensure the integrity of this Constitution (...) "

meets Is this premise? Obviously NO.

As already mentioned are JUDGES calls for GUARANTEE it happen. But the fact is that Judges are the main violators of constitutional rule, using arguments for non-ambiguous pronouncement effective in many cases. I have knowledge and expertise to the workings of the criminal courts have problems such as assigning secretary, marshals travelers and vehicles to practice notices, which leads to lack of control and delay the same, lack of transfer of suspects and defendants when required, delay in conducting preliminary hearings and trials by the excessive number of events set for the same day.

Within the framework of the above observations, no doubt bend the effective functioning of the courts but there are simple cases as special hearing to discuss the delivery of the vehicle did not even know where the file, not even assigned the date of completion of the same, leaving no other choice than the applicant to make a constitutional protection for things like them.

is evident that in consequence, creates new human conflicts. Being the worst part of this undue delay, (moral damage, property damage, prisoner without trial, etc.). In my opinion there are several reasons in INSTITUTIONAL ORDER originating procedural delays. It is obvious that overcoming is achieved undue delay of legal certainty.

If we go beyond what we mention in criminal and civil cases, the criticisms are the same, because they are hard known for all delays without any understanding unexplained, not go too far right here in Valle de la Pascua, civil courts are irrelevant, for ongoing medical repose of the judges, leaving litigants without justice.

then I wonder Will I need to educate judges about the need to prosecute cases within strict time periods provided for each case?

"A long time justice is not justice"

Abg. Joseph F. Monaza M.

Monaza17@hotmail.com

http://asesorialegalenvalledelapascua.blogspot.com/