Cancer In The Uterus Is It Mortal

compensation agreements

procedural

The legislature in Article 40 et seq Criminal Procedure Code has stipulated the requirements and procedure for the Control Judge may approve a reparative agreement to that effect the provision in Article 40 establishes the following: Article 40. Origin. The judge may, at the preparatory stage, to approve compensation agreements between the accused and the victim, when: 1. The offense rests solely on available legal rights of a patrimonial nature, or 2. In the case of intentional crimes against people, who have not caused death or affected to permanent and serious physical integrity of the individual. To this end, the judge must verify that those who attend to the agreement have given consent freely and with full knowledge of their rights and actually being in the presence of an unlawful act of the aforementioned ... (Omisis). According to the feedback that brings the author: Eric Lorenzo Perez Sarmiento (2001, p.53) in the "Comments to the Code of Criminal Procedure, is a reparative agreement judicially approved agreement in a particular criminal case, including who serves as accused and the victim or victims of crime court, by which the former undertakes to meet the liability from the offense, namely that the accused is obliged to pay moral and material damage and the harmful effects of criminal activity no cars. In this context and given that compensation agreements are a form of treatment of liability from the wrongful act, this commentator believes that for the purposes of this Article 40 of the Code of Criminal Procedure, within the discretion of the judge is to know and consider any argument which is based on the assumptions of the Civil Code, as applicable. These allegations can come from the defendant or the victim or the prosecutor, who in the case of agreements that can extinguish the criminal action can not be the judge for a converted stone compensation agreements, and social interests that may be injured with those agreements. Because the compensation agreements is not a civil contract it is not based on the autonomy of the Covenanters, but on the contrary, the constriction of the person charged with the omen of punishment that the criminal proceedings involved. For this reason, the Court must always check on the accused in fact fulfilled the items of evidence indicating that it fall within the debt of yore, because otherwise we would be validating the fact unfair disguised extortion conviction judicially approved. If there are no bases on the condition of the accused, provided for in Article 131 in relation to Article 250, paragraphs 1 and 2, both the Criminal Procedure Code, there can be agreement one that compels the reparative had by the accused. In the author's commentary, the judge has the "right to punish" the State and no one has "right" to compensation agreements and the courts may well reject the attempts of some people to abuse or exorbitant institution.