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Archive for the ‘Criminal Process’ Category

Prevention of crime concerns is not everything

Prevention of crime sound good, but can ‘unpleasant side effects’ have. A society where the “precautionary principle prevails comes dangerously close to a state audit. The “alarming examples” are there for the taking. Think of restraining risk youth, the Mosquito youth counterpart, the “weekend package” catering to violence, the sharing of confidential information in the Bibob process and encourage citizens navigation behavior.

In the concluding chapter of the “Trend Signalement 2010 Crime Prevention Security Center warns today an against ” over enthusiastic application of preventive measures. They probably do “more harm than good”. So the danger is that “anyone who deviates from the norm”, as citizens risk being labeled. This can lead to wrongful abduction, false family interventions, false denials, suspicion or prohibited area.

With a solid implementation of preventive measures may also according to the CCV ‘uncertainty intolerance “grow further: the unwillingness to either a” certain degree of insecurity “to accept. The public does not believe that society is doable, but when it comes to safety. Then the state must protect the citizens of all evil. The riots in Hook of Holland could thus lead to “disproportionate control” of events, the number of inspections and grows through the “intervention force” of the State are ‘excessive’ .

Cohen & Jaffe

It is the statement that a person made in writing to apprise the judge believed facts which have the characteristics of crime. With it, the complainant requested the opening of a criminal case in which the commission will investigate the alleged crime, and shall be constituted as plaintiffs therein.

You can bring a case any Spanish citizen regardless of whether or not offended by the crime, however, foreigners may sue in the first case, ie if they are directly aggrieved by the state crime.

The person making the declaration (or complainant) has revealed in the lawsuit his intention to intervene in legal proceedings as plaintiff, may depart from them at any time, subject to being subject to civil and / or criminal where appropriate.

The judge or court will decide whether or not to admit the pending lawsuit filed.

Against the decision (order) issued by rejecting the call may be submitted appeal.

For its part, may terminate the complaint is both public and private crimes.

The public offenses are those who pursue ‘automatically’, that is, by the authorities themselves. However, for the monitoring of private crimes (eg, libel and slander … etc.) Will be affected by the same make a complaint in which he expresses his desire to be the prosecution in criminal proceedings.

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The Justices of the Peace
Operating in the area of the municipality in which they are located and there are those in which there are no Courts of First Instance and Instruction.

The Courts of First Instance and Instruction
They cover the territorial scope of a judicial district, that is, the territorial unit consists of one or more neighboring municipalities that belong to a single province. The venue of these courts is in the capital city of the party.
Have jurisdiction to hear the following cases:
* Proceedings of Habeas Corpus.
* The investigation of crimes committed in their judicial district and those whose prosecution is for the Provincial Courts and Criminal Courts.
* Knowledge and failure cases for minor offenses, except those representing the peace courts.
* Resources established by law against decisions by the Courts of Peace of the Party.

Criminal Courts, Juvenile and prison security
May include a game territorially judicial or several, and even several provinces. When Develop their skills in a single province, is located in the capital of the same.

The Criminal Courts prosecute crimes committed in their area punishable by less than 5 years imprisonment or fine.

Juvenile Courts prosecute crimes committed by minors.

The prison security courts exercise functions related to monitoring the implementation and enforcement of custodial penalties, security measures in prisons … etc.

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Generally, judges and courts to investigate and prosecute criminal proceedings are taken for the place where the crime was committed.

If it is not known, to determine the court or tribunal should be addressed to the place:
* In which have discovered evidence of the crime.
* In which made the arrest.
* The residence of the alleged accused.
* In the absence of the above is responsible any judge or court was aware of the crime.

But the jurisdiction of various courts and tribunals are not uniquely determined according to a criterion territorial but functional. Thus, there are certain crimes which by their gravity or nature are tried by special courts.

Below are all the courts with criminal jurisdiction and the powers or functions that each is assigned.
- The Justices of the Peace
- The Courts of First Instance and Instruction
- Criminal Courts, Juvenile and prison security
- The Provincial Courts
- The High Courts
- The Supreme Court, the Audiencia Nacional, the Central Criminal Courts and the Central Court of Instruction.
- The Court of Jury

Punishment for sexual assault can be severe, and it is always the judge who decides.

One of the main conditions to punish a person for sexual assault, is proof that the person who is to blame. The probation officer who is assigned a case of sexual assault has the responsibility to prepare a report and attach evidence for the case. The judge can postpone the case for a few weeks depending on complications. The probation attached a case of sexual assault has the responsibility to prepare a report and will submit proof to the case. The probation officer typically begin to work with interviewing the people who know the perpetrator, and also prepare a case. A lot of information as place of birth, registration of crime personal life and school are included in the report. All these factors contribute to the sexual assault. Read the rest of this entry »

Prevention of Crime Concerns : According The Analyst
Analyst Dr Lynsey Dubbeld of the CCV shall request that the conclusion that “stick approach” does not work, indeed from the report is pulled, but on the basis of a detailed analysis. “The repression” is indeed more to the fore. As concrete examples it cites: Read the rest of this entry »

In the accompanying press release refers to the CCV a very different tone. There, the criticism prevention of crime is just the increase in repressive measures. And get “the politicians” a completely different message. That approach is also leading in the media this morning. Politicians choose to fast for repression. The CCV was also demonstrated by the report. The focus’ on tough and strict penalties sorts negative side effects “, it is put on the website.

It is expressly found nowhere in the report. Not a word about ‘politics’, nothing about ‘side effects’ of severe punishment. On the effectiveness of sanctions, the report said nothing. However, the effectiveness of prevention: “The crime figures falling steadily in recent years and the relapse rates for the first time since taking over a decade off.” That would be the result of “all efforts at prevention.