Principio De Maxima Taxatividad Legal E Interpretativa
This principle requires the greatest effort on the part of the legislator in terms of editorial accuracy. In violation of this principle, the judge has two options: (1) declare the law unconstitutional, or (2) interpret it in such a way as to limit the punitive power as much as possible. The restrictive principles of criminal law are the guidelines of doctrine that have impeded the construction of criminal law so that it does not transcend or interfere with the rule of law. TRADE. Refusal of release. Questioning legal qualifications. Ideal way. Exception. Origin. Although an appeal against the decision to dismiss the case is not the ideal means of calling into question the legal classification that the investigating judge attributes to the conduct under investigation, an exceptional situation arises when the analysis of the legal presumption is available.
VOL. Weapon not suitable for shooting. Inapplicability of the third subparagraph of Article 166(2) of the CP Treatment. The application of the aggravating circumstance of Article 166, paragraph 2, point 3, of the Criminal Code does not apply if the revolver seized in the possession of the accused was not fit to fire. Such a hypothesis is not provided for by Law 25.882 and in the light of the principle of maximum. In the past, there have been cases where the opposite principle, i.e. the meaning of punishment for persons other than the direct perpetrator, has been applied, usually to relatives. The most well-known case is the responsibility of the German clan. A valid criminal law is promulgated only by the bodies empowered by the Constitution to make criminal laws.
This is the principle of legality created by Paul Johann Anselm von Feuerbach under the Latin expression nullum crimen, nulla poena sine lege previa: there is no crime or punishment without privilege. In principle, a person cannot be tried twice for the same act. Therefore, in criminal law, a person cannot be sentenced to two sentences for the same purpose; without prejudice to civil or administrative liability. According to the principle of minimal intervention, criminal law must be the last resort of the State to protect legal rights and only for the most important against the most serious attacks. Interpretation in criminal law. The law has been defined from a subjective point of view: as the right to punish, to impose penalties in the literal and literal sense. Its purpose is to maintain the legal order. It is the set of principles and regulations that determine or prevent violations, sanctions or actions and rights of the State with the persons who have the reasons for the violation.
From an objective point of view, such as the set of rules established by the State, which determines the crimes, the penalties and the security methods with which they are punished. Silva Sánchez affirms that “criminal law, which must serve to reduce social violence, in its modern configuration, must also assume the objective of reducing the punitive power of the State. This reduction will be made in two ways: on the basis of the utilitarian principle of minimum intervention and on the basis of the principles of individual guarantee. » The principles of minimal intervention. The social power (the State) intervenes in this principle. Determine whether this right of state intervention consists of the creation of criminal offences and the imposition of sanctions. But it has a procedure, since the objective pursued in the determination and what means are used to protect the legal rights it must protect. Our constitution expresses this in art. 8 Article 5, which states: “No one shall be compelled to do what the law does not command, nor be prevented from doing what the law does not prohibit. Therefore, it is said that whoever knows his rights and duties has no other guide than the law for the order to prevent. The principle “nom bis in idem” Not two (2) times about the same thing. His explanation: The person convicted of an act can no longer be prosecuted for the same act. This means that no one can be punished again for acts that have been the subject of a previous conviction.
Since Article 2 acapite h of the Constitution states this (it is a constitutional right), “no one may be tried twice on the same case” since he has ruled on the authority of the House. The objection of inapplicability of the law by which the defence rejected the judgment as arbitrary for misuse of the article is inadmissible. 41c of the Criminal Code, according to its literal text, in breach of the principle of maximum exhaustion of interpretation and guarantee of defence in judicial proceedings and in the main proceedings, if it has not been formulated in accordance with the provisions of the Supreme Court. DEBT RATIO In the strict sense, the fact that the fault was committed as a condition of criminal or civil liability. It is necessary to relate the act not only to the legal provision that burdens and punishes it, but also to know the person of the active subject of the latter and the circumstances in which he acted, as well as his physical and mental condition. Crime was considered a natural or social phenomenon and a legal phenomenon characterized at all times and in all places, and so he tried to make several perpetrators with garofalo, engineers and others. For our Dominican criminal law, we examine it as a legal phenomenon, because when it is said that for a violation it is necessary to do what they prohibit or not to do what the laws prescribe, indicating that the crime is a creation of the law. Flagrante delicto (article 41 of the Criminal Code). The one that is committed today or that has just been committed. The case in which the accused is accused by a public outcry.
Any person found in possession of objects, weapons, instruments or documents suggesting that he or she is the perpetrator or accomplice of the offence, provided that this occurs at some time close to or imminent before the offence. Historically, it has always been a legal evaluation, it has a certain idea of what it considers fundamental for the maintenance of order and social life and for the establishment of certain rules of conduct as a necessary measure to protect the rights to legal property. In other words, this analysis teaches: “For a violation to occur, what the laws prohibit must be done or not what they order, so it is first of all absolutely essential that it perform an act that harms a legal interest and endangers a legal interest.” Another like Enersto Beling, the guilty illegal act is punishable by an appropriate criminal sanction, and this has the conditions of the sentence. Related articles (Articles 235 to 236 of the Code of Criminal Procedure) If several indictments have been issued against different accused persons for the same offence, the prosecutor may request the joinder of these acts and the President may order ex officio. If the indictment contains several unrelated offences, the prosecutor may request an order. Criminal law should only be applied in extremely serious cases (fragmentary nature of criminal law) and only when there is no choice because other protection mechanisms less costly to the individual have already failed (subsidiary character). Subject, time and place of action It is the active subject of the crime, not only the one who executes it completely, but the one who materially or morally agrees with its execution. We have said that crime is a positive and negative act, and this concept (act) presupposes that its realization is the work of a being endowed with the will “man”, he can be the author of a violation. Time: Previously, ancient Roman law developed due to an aberration that lasted a long time, the subjective concept of responsibility and punishment was imposed on animals and even cases as true subjects of crime. But crime has always been a legal assessment and has changed over time and space.
At all times and in all countries. VOL. 1) Weapon not suitable for shooting. Unload. Inapplicability of Art. 166, paragraph 2, third subparagraph of the P.C. 2) In Stadt und Band. Division.
Facilitating empowerment. (3) Aggravating circumstance of Article 41 “Quarter” of the P.C. Age of majority: 18 years. Treatment. (1) The application of the aggravating circumstance of Article 166, paragraph 2, paragraph 3, of the Criminal Code shall not apply if the weapon. The analogy. Punishment for crimes committed for a crime committed. PRINCIPLE of LEGALITY Whether it is a law or results from the law. According to Cuello Colon, “a set of rules established by the state that determines the crimes, punishments and security measures with which they are punished. What harms no one cannot be punished by law.