Bail Bonds Vineland Nj -Iplchullstream.Com http://www.iplchullstream.com Fri, 14 Jun 2019 07:12:05 +0000 en-US hourly 1 https://wordpress.org/?v=5.2.1 Frederation Bail Bonds Aurora -Info On Bail Bond Services http://www.iplchullstream.com/frederation-bail-bonds-aurora-info-on-bail-bond-services/ http://www.iplchullstream.com/frederation-bail-bonds-aurora-info-on-bail-bond-services/#respond Fri, 14 Jun 2019 04:45:51 +0000 http://www.iplchullstream.com/frederation-bail-bonds-aurora-info-on-bail-bond-services/ Info on Bail Bond Services A bond is a contract that is acquired with a surety company and whose purpose is to commit to fulfill an obligation, which may be […]

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Info on Bail Bond Services

A bond is a contract that is acquired with a surety company and whose purpose is to commit to fulfill an obligation, which may be of diverse nature, such as: ensuring the fulfillment of a contract, leasing a real estate, repairing the damage caused by one or more employees of an organization, among other things.

The Bonds in Mexico are increasingly used by people both physical and Morales, as they provide certainty and confidence that the obligations stipulated in a contract will be fulfilled, although there is a risk that the Nowicki not be fulfilled them.

To contract Bail Bonds in Mexico, it is very important that the person is clear about why and why it is required since there are different types of Bail and each one of them is destined to guarantee a specific good. The prices of the bonds in Mexico vary according to their type and according to the amount that the surety is willing to back of each contract.

The bonds in Mexico are divided into 5 large branches, which include the different types of deposit, these are:

The branch I Fidelity bonds: They protect the assets of the companies and guarantee the repair of the damage that one or more employees may cause against the patrimonial assets of the organization.

Branch II Judicial Bonds: They guarantee the fulfillment of the obligations or responsibilities resulting from a judicial process, whether criminal or non-criminal.

Branch III Administrative Bonds: They guarantee the fulfillment of the obligations that derive from a contract, purchase order, order or lease.

Branch IV Credit Bonds: Its function is to guarantee the payment of credit obligations authorized by law.

Branch V Trust Funds: Process through which a person transfers a good to another person.

Are you looking for bail bonds? At lions bailbonds online we process Bail Bonds quickly and at a low cost!

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What can an Advance Payment and Compliance Bond be used for? http://www.iplchullstream.com/what-can-an-advance-payment-and-compliance-bond-be-used-for/ http://www.iplchullstream.com/what-can-an-advance-payment-and-compliance-bond-be-used-for/#respond Thu, 30 May 2019 20:10:20 +0000 http://www.iplchullstream.com/what-can-an-advance-payment-and-compliance-bond-be-used-for/ A bond is an instrument of guarantee whose purpose is to ensure that the obligations established in a contract are carried out. In our country, there are different types of […]

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A bond is an instrument of guarantee whose purpose is to ensure that the obligations established in a contract are carried out. In our country, there are different types of Bond, which are classified into 5 large Branches, all can be hired by Moral or Physical People, through an intermediary.

The Administrative Bonds, are responsible for ensuring that the obligations arising from a contract, purchase order, lease or order are met. Within this Branch, we find the Advance Bond and the Compliance Bond.

What is an advance deposit used for?

What is an advance deposit used for?

 

Guarantee the proper use and correct application of the money that is delivered to the provider of a service is possible with a deposit in advance. Through this instrument, the beneficiary can be certain that in case of not making good use of the money delivered as “advance payment”, the total or partial refund will be made.

With an advance deposit, individuals and companies can rest assured that the money they provide to a service provider company will be used correctly to carry out the execution of the obligations previously established in the work contract.

What is the function of a Compliance Bond?

What is the function of a Compliance Bond?

 

Ensuring timely compliance with the obligations established in a contract is possible with a Compliance Bond. This type of guarantee gives the beneficiary the assurance that the company that provides a service will carry out the work in accordance with the agreement. In the event that a breach of contract occurs, the beneficiary may make valid the Compliance Bond, which will serve as a type of compensation for the damages resulting from such breach.

On the other hand, the Bond of Compliance guarantees the delivery in time and form, of the goods and services contracted through any order or purchase order.

Both types of deposit are normally issued for 10% of the total value of the contract whose fulfillment is being sought. To process it, it is essential to present the necessary documentation for a bond contract.

Are you about to sign a work contract, order or purchase order with a company? It guarantees the good use of the advance and the fulfillment of the contract with a Bond!

Contact us, our professional advisors in the process of Bail Bonds will support you!

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10 reasons to hire a Surety Insurance Bond http://www.iplchullstream.com/10-reasons-to-hire-a-surety-insurance-bond/ http://www.iplchullstream.com/10-reasons-to-hire-a-surety-insurance-bond/#respond Fri, 17 May 2019 20:52:19 +0000 http://www.iplchullstream.com/10-reasons-to-hire-a-surety-insurance-bond/ The word “Caution” means prevention or caution and refers to the guarantee that what is agreed between two or more persons will be carried out as established. For this reason, […]

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The word “Caution” means prevention or caution and refers to the guarantee that what is agreed between two or more persons will be carried out as established. For this reason, the Surety Insurance, is an instrument of guarantee by means of which, an insuring company commits itself with the insured, to compensate it for the damages that this may suffer in the event of a breach of the obligations. established in a contract, which may be legal or contractual.

The Insurance of Caution is composed of 3 parts:

The Insurance of Caution is composed of 3 parts:

  • Insured: Beneficiary of the Insurance.
  • Insurer: Insurance Company that issues the Insurance and supports the fulfillment of the contract.
  • Policyholder: Responsible for fulfilling the obligation as stipulated in the contract.

The 10 reasons to hire a Surety Insurance are:

The 10 reasons to hire a Surety Insurance are:

  • Guarantee and tranquility that it provides to Physical and Moral People when doing business.
  • Unlike a deposit, does not require a joint obligor for hiring.
  • It provides assurance that the obligations established in a contract will be carried out as established.
  • In the event that a breach of contract is incurred, the losses will be covered by the Insurance Company.
  • Being a guarantee instrument, it prevents and avoids losses for the Insured if the contract is not fulfilled.
  • In case of non-compliance, the claim is issued and the compensation payment is made after 30 days.
  • The Surety, can only be issued by Surety Insurance and Bonds, through intermediaries, ensuring their validity.
  • It does not imply large economic losses, because with the payment of the premium it is enough to have the coverage.
  • Guarantee instrument that will play a very important role in the economy of our country.
  • It is a great alternative for all those people who seek to guarantee the fulfillment of an obligation, but do not count on a solidary obligation.

Do you want to know more about the  Surety Insurance? Contact us, our specialized consultants will gladly provide you with more information.

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Which court will judge the criminal? http://www.iplchullstream.com/which-court-will-judge-the-criminal/ http://www.iplchullstream.com/which-court-will-judge-the-criminal/#respond Wed, 15 May 2019 20:03:03 +0000 http://www.iplchullstream.com/which-court-will-judge-the-criminal/ In which cases does the district court decide? The jurisdiction of courts is determined by the object of adjudication, and not by the amount of organizational or intellectual effort that […]

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In which cases does the district court decide?

In which cases does the district court decide?

The jurisdiction of courts is determined by the object of adjudication, and not by the amount of organizational or intellectual effort that must be put into examining a case before judgment. Determining the properties is the thing of the legislator, not the courts (yes: the decision of the Court of Appeal in Krakow of April 5, 2007, reference number II AKo 109/2007).

Our legislator decided that the district court rules in first instance in all cases, except for matters referred to by statute into the jurisdiction of another court. The substantive jurisdiction of the district court is a permanent competence (right and obligation) for the comprehensive recognition of individual categories of cases at first instance.

The district court also recognizes the means of redress in cases specified in the Act. If the district court is entitled to appeal, it acts as a “court of appeal”, the consequence of which is, for example, that the composition of that court will be determined as for the court of appeal.

For example, the court “appointed to hear a case in the first instance” and the executing actions provided for in the act in the preparatory proceedings (Article 329 § 1 of the Code of Criminal Procedure) or recognizing a complaint against pre-trial proceedings (Article 329 § 2 of the Code of Criminal Procedure) is court that would be competent after the indictment was received (yes: the Supreme Court resolution – Criminal Chamber of 23 February 1999, reference number I KZP 35/98).

The district court is also competent to hear cases of tax offenses and tax offenses (Article 114 § 2 of the Code of Civil Procedure) and offenses (Article 9 § 1 of the Code of Civil Procedure).

In which cases does the regional court decide?

In which cases does the regional court decide?

When is the district court deciding in first instance?

The regional court decides in the cases of the following offenses at first instance:

  1. for crimes specified in the Penal Code and special laws;

  2. for offenses specified in the Penal Code:

    • in chapters XVI and XVII (that is, including crimes against peace, humanity and war crimes as well as crimes against the Republic of Poland) and

    • in:

      • Art. 140-142 (according to which m.

        in. ” Who, in order to weaken the defensive power of the Republic of Poland, violently assaults a unit of the Armed Forces of the Republic of Poland, destroys or damages an object or device of defensive importance, subject to imprisonment from one year to ten years”, ” Who, being a Polish citizen, accepts military duties in a foreign army or in a foreign military organization without the consent of the competent authority, subject to imprisonment of 3 months to 5 years “, ” Whoever assumes duties in military service prohibited by international law, subject to imprisonment from 6 months to years 8 “, ” Who, against the provisions of the Act, engages foreigners or foreigners in the Polish Republic for military service in a foreign army or foreign military organization, is subject to the penalty of deprivation of liberty from 3 months to 5 years “,” Who carries on the Polish citizens or staying in Rzecz Polish foreigners to serve in a wage-based military service prohibited by international law or pay, organize, train or use it, it is punishable by imprisonment from 6 months to 8 years “);

      • Art. 148 § 4 (” Whoever kills a man under the influence of strong excitement justified by circumstances, is punishable by imprisonment from one year to ten years”), art. 149 (” A mother who kills a child during childbirth under the influence of its course, subject to imprisonment from 3 months to 5 years”), art. 150 § 1 (” Whoever kills a man at his request and under the influence of compassion for him, is subject to the penalty of deprivation of liberty from 3 months to 5 years”) ;

      • Art. 151-154 (which state, among others, that: ” Anyone who persuades or by helping to bring a man to his own life, is punishable by imprisonment from 3 months to 5 years”, ” Who with the consent of a woman interrupts her pregnancy in violation of provisions of the Act, subject to the penalty of deprivation of liberty of up to 3 years “, ” The same punishable subject, who gives a pregnant woman help in terminating pregnancy in violation of the provisions of the Act or it encourages it “,” Who applies violence against a pregnant woman or otherwise without her consent terminates pregnancy or violence, illegal threat or trick steers pregnant woman to terminate pregnancy, subject to imprisonment from 6 months to 8 years ” );

      • Art. 156 § 3 (according to which someone causes serious damage to health in the form of: depriving a person of sight, hearing, speech, the ability to beget a serious disability, a serious incurable or long-term disease, a real life-threatening disease, permanent mental illness, total or significant permanent inability to work in a profession or permanent, significant disfigurement or distortion of the body, if the consequence of this act is death of a man, the perpetrator is subject to the penalty of deprivation of liberty from 2 to 12 years), art. 158 § 3 (” If the result of a fight or beating is the death of a human being, the perpetrator is subject to the penalty of deprivation of liberty from one year to ten years”) ;

      • Art. 163 § 3 and 4 (according to which someone brings an event that threatens the lives or health of many people or large-sized property, such as: collapse of the building, flooding or landslides, rocks or snow, exgilgameshozji explosive or easily combustible or other violent release of energy, the spread of poisonous substances, suffocating or burning, rapid release of nuclear energy or the liberation of ionizing radiation, if the consequence of this act is death or serious injury to many people, the perpetrator is punished by imprisonment from 2 to 12 years. the perpetrator acts unintentionally, and the consequence of this act is death of a person or serious damage to health of many people, the perpetrator is subject to imprisonment from 6 months to 8 years), art. 165 §§ 1, 3 and 4 (according to which someone brings danger to life or health of many people or property in large sizes: causing epidemiological threat or spread of infectious disease or animal or vegetable pest, causing or damaging substances harmful to health, foodstuffs or other items of general use or pharmaceuticals not meeting the current quality conditions, causing damage or immobilisation of the public utility device, in particular a device providing water, light, heat, gas, energy or a device to prevent common danger or to suppress it whether disrupting, preventing or otherwise affecting the automatic processing, collection or transmission of computer data, or otherwise acting in special circumstances The offender is liable to imprisonment for a period of 6 months to 8 years. If the consequence of such an act is death or serious injury to many people, the perpetrator is subject to imprisonment from 2 to 12. If the perpetrator acts unintentionally and the consequence of this act there is a human death or serious injury to many people, the perpetrator is punished by imprisonment from 6 months to 8 years) ;

      • Art. 166 § 1 (” Whoever, by trick or rape on a person or the threat of direct use of such a rape, takes control of a ship or aircraft, subject to imprisonment from 2 to 12 years”), art. 173 § 3 and 4 (according to which a catastrophe in land, water or air traffic threatening the life or health of many people or large-size property, and the consequence of this act is death or serious injury to many people, the perpetrator is punished by imprisonment from 2 to 12 years. If the perpetrator acts unintentionally and the consequence of this act is death or serious injury to many people, the perpetrator is subject to imprisonment from 6 months to 8 years), art. 185 § 2 (according to which, if the consequence of some environmental crime is human death or serious damage to health of many people, the perpetrator is subject to the penalty of deprivation of liberty from 2 to 12 years);

      • Art. 210 § 2 (according to which anyone against the obligation to take care of a minor under 15 years of age or a person who is clumsy because of his mental or physical condition, he abandons, if the consequence of this act is the death of that person, the perpetrator is punished by imprisonment for 6 months up to 8 years), art. 252 (according to which, among others, “K that takes or holds a hostage in order to force a state or local government body, institution, organization, natural or legal person or a group of people to a particular behavior, is punishable by imprisonment from one year to 10 years” ), art. 253 § 2 (” Anyone who, in order to gain financial benefits, organizes adoption of children against the provisions of the Act, is liable to imprisonment from 3 months to 5 years” );

      • Art. 258 § 1-3 (according to which, among others, ” Whoever takes part in an organized group or relationship aimed at committing a crime or fiscal offense, is liable to imprisonment from 3 months to 5 years”), art. 265 § 1 and 2 (according to which ” who discloses or contrary to the provisions of the Act uses information constituting a state secret, subject to imprisonment from 3 months to 5 years”, ” If the information specified in § 1 is disclosed to a person acting on behalf of or on behalf of the entity the perpetrator is subject to the penalty of imprisonment from 6 months to 8 years ” );

      • Art. 269 (according to which, among others, ” Whoever destroys, damages, removes or changes IT data of special importance for the defense of the country, security in communication, functioning of government administration, other state or state institutions or territorial self-government or disrupts or prevents automatic processing, collecting or transmitting such data, is punishable by imprisonment from 6 months to 8 years “), art. 278 § 1 and 2 in conj. from art. 294 (according to which someone takes a movable object to appropriate someone else’s behalf or who, without the consent of the entitled person, obtains another computer program for financial gain, and these actions have been made in relation to property of significant value or to a property of special importance for culture; imprisonment from one year to ten years), art. 284 § 1 and 2 in conj. from art. 294 (according to which someone appropriates someone else’s movable property or property right or who appropriates a movable property entrusted to him, and these actions were made in relation to property of considerable value or to a property of special importance for culture, subject to the penalty of deprivation of liberty from one year to 10) Art. 286 § 1 in conj. from art. 294 (according to which someone, in order to gain financial gain, leads another person to an unfavorable regulation by his own or someone else’s property by means of misleading or exploiting the error or inability to properly understand the action taken, and these actions were made in relation to property of considerable value or to a good of special importance for culture, subject to imprisonment from one year to ten years), art. 287 § 1 in conjunction from art. 294 (according to which, in order to obtain financial gain or cause damage to another person, without authorization, it affects the automatic processing, collection or transmission of IT data or changes, deletes or introduces a new record of IT data, and these actions have been made in relation to property significant value or to a good of special importance for culture, is punishable by imprisonment from one year to ten years);

      • Art. 296 § 3 (according to which someone, being obliged under the provisions of the Act, the decision of the competent authority or contract to deal with property or business activities of a natural or legal person or an organizational unit without legal personality, by abusing its powers or failing to comply with duty, it causes significant damage to property, if the perpetrator of this crime inflicts damage to property in large sizes, is subject to the penalty of imprisonment from one year to 10 years) and art. 299 (according to which, among others, ” Whoever means of payment, securities or other foreign exchange values, property rights or movable or immovable property derived from benefits related to the commission of an offense, accepts, transfers or exports abroad, helps to transfer their property or having or taking other actions that may frustrate or significantly impede the determination of their criminal origin or place, their detection, seizure or forfeiture, shall be punishable by imprisonment of 6 months to 8 years ” );  

     3. vices which, by virtue of a special provision, belong to the jurisdiction of the regional court.

For crime is a crime or an offense. Crime is a prohibited act punishable by imprisonment for a period not shorter than 3 years or a more severe punishment. vice and the offense is punishable by a fine of more than 30 daily rates, a penalty of restriction of liberty or imprisonment exceeding one month.

What is the so-called movable property of courts?

The court of appeal, at the request of the district court, may refer to the district court, as the court of first instance, for consideration of any offense due to the particular gravity or complexity of the case. This is how the so-called movable property of courts (evocation).

This regulation can only be used in special situations, as decisions in this respect relate to deviations from general principles of jurisdiction. Everyone, and the party to the proceedings in particular, should know “in advance” which court will decide on a given case. Changes in this model can therefore only happen exceptionally, because too frequent use of this possibility could lead to a weakening of the sense of trust in the court and its ability to conduct professional and fair trial (such as the decision of the Supreme Court – Military Chamber of November 17, 2005) reference No. WO 13/2005). The recognition of a case by a competent court on the basis of an act is the basis of the rule of law with a constitutional rank. The use of the possibility of referring a case to another court should be justified by the necessity of such a proceeding (yes: the decision of the Court of Appeal in Krakow of 7 September 2005, reference number II AKo 114/2005).

A derogation from material jurisdiction should take place exceptionally, with the occurrence of strictly understood circumstances indicated above. The jurisdiction of a district court includes cases of varying degrees of severity, both in fact and in law, but only in the case of their “special complexity” or “special importance”, a change in jurisdiction may be considered.

The “weight” of accusations against the accused can not prejudge the “weight” of the whole case (such as the decision of the Court of Appeal in Wrocław of 28 November 2006, reference number II AKo 330/2006). Both the multiplicity of co-accused persons, the size of the evidence, the multiplicity of evidence collected for direct trial at the hearing, or the need to conduct numerous confrontations, does not prove by itself the particular gravity or complexity of the matter.

The criterion of the “importance” of the case should be primarily due to exceptionally shocking circumstances or events, whose negative effects directly affect large groups of people, or the case concerning persons representing wider groups, holding important public, known, famous, prominent functions (yes: order Of the Appeal Court in Katowice of 8 March 2006, reference number II AKo 44/2006). The size of the damage done to the property of the victim unit is indeed an important, but not the only, and not at all, element determining the particular gravity of the case. Changes in the court’s jurisdiction are also not justified by the organizational difficulties associated with the recognition of the case, nor the actual heavy burden of the judges adjudicating in the department, as well as the media interest in the trial (yes: decision of the Court of Appeal in Lublin of 17 Aug.Gilgameshnia 2005., reference number II AKo 226/2005).

The complexity of the matter could be discussed if its resolution required the skilgameshikowanych, much more difficult than usual, to think operations in the analysis of evidence, or to resolve complex legal issues arising from laws in various areas of law, or regulations from legal systems of various countries ( yes: the decision of the Court of Appeal in Lublin of 10 May 2006, reference number II AKo 146/2006). A matter can not be regarded as particularly intricate only because there will be a need to assess expert evidence, for example in the field of accounting, regardless of the volume of these opinions, and because the remaining evidence is extensive, nor because in the case, there may be a need to provide supplementary or additional opinions in the field of accounting.

A change in property rights in this mode as a prerogative of an appellate court does not entitle the court to change the local jurisdiction. Only the district court, as the first instance court and the superior court applying for the application (competent in fact and locally to hear the case), may appeal to the court of appeal for consideration due to its special weight or complexity.

When is the district court deciding in second instance?

The district court also considers appeals (ie appeals and complaints) against judgments and orders issued in the first instance in the district court and other matters referred to it by the law. This is how the functional competence of the regional court was determined.  

What are the tasks of the appellate court in criminal proceedings?

What are the tasks of the appellate court in criminal proceedings?

The appellate court examines the appeals against judgments and orders issued in the first instance in the district court and other matters referred to it by the Act – including the settlement of disputes between district courts in the first instance (Article 38), referring the case to a regional court other than locally competent, due to the economics of the trial (Article 36), adjudication about the resumption of court proceedings ended with a final judgment of a regional court (Article 544 § 1), expressing a pardon in cases in which he ruled as a court of appeal (art. 564 § 2 and 3). Therefore, the appeal court does not recognize criminal cases in the first instance, hence the provision only specifies the functional jurisdiction of this court.

Erroneous instruction on remedies contained in the contested ordinance does not justify a change of jurisdiction (such as the decision of the Supreme Court – the Criminal Chamber of 5 June 2003, reference number II KZ 16/2003).  

What are the tasks of the Supreme Court in criminal proceedings?

What are the tasks of the Supreme Court in criminal proceedings?

According to the Constitution, the Supreme Court supervises the activities of common and military courts in the field of adjudication.

The Supreme Court recognizes cassation as well as remedies and other matters in cases specified in the Act. This is how the functional property of this court was determined.

The usual course of the instance ends before the district or appellate court and there is no possibility to appeal to the Supreme Court as part of ordinary appeals. As a rule, however, a valid cassation appeal may be lodged by the party from the final judgment of the court of appeal that terminates the proceedings. Thus, cassation is an extraordinary means of challenging a final decision ending criminal proceedings.

The Supreme Court also recognizes, among others complaints about the order of the president of the court of appeal on refusal to accept the application for resuming the proceedings and the same content order of the President of the Supreme Court and appeals against the judgment acquitting or discontinuing proceedings issued in first instance by the court of appeal in the procedure of resumption of proceedings.

It is also the jurisdiction of this Court to refer the case to another equivalent court when the good of justice requires it (Article 37 of the CCP). In addition, the Supreme Court adopts resolutions containing an interpretation of the act, if the district court or appeal court recognizes the legal issue to resolve the legal issue and may at the time of resolution of the Gilgamesh inteGilgameshreatacyjne take over the matter for its own decision (Article 441 CCP) and adopt resolutions under the provisions of the Act about the Supreme Court.

Which court has jurisdiction to hear a criminal case?

Which court has jurisdiction to hear a criminal case?

The local jurisdiction indicates which court from among the courts of the same order (property jurisdiction, e.g. district courts) appointed (authorized and obliged) is to rule on a specific case (eg at first instance).

The local court competent to hear the case (ie to decide on the essential subject of the trial) is the court in whose district the offense was committed. The main criterion for this property is therefore the place where the offense was committed. The offense is considered to have been committed in the place where the perpetrator acted or failed to act, to which he was obliged, or where the effect constituting the mark of a prohibited act occurred or according to the intent of the perpetrator (Article 6 § 2 of the Penal Code).

The term ” court district ” applies to both the district and county courts. The judicial districts and courts’ seats are defined by the ordinance of the Minister of Justice of October 16, 2002 in the matter of appellate courts, regional courts and district courts as well as the establishment of their seats and areas of jurisdiction.

If, on the other hand, the offense was committed on a Polish water or air ship, the rule can not apply, it is the court of the home port of the ship that is competent.

If the offense was committed in a district of several courts, the court in whose jurisdiction the pre-trial investigation was initiated was competent. Thus, the so-called advance rule. In the case where the place of committing the crime (offenses) is established, on the other hand, the jurisdiction of the local court in whose district the crime was not committed is not admitted, even if in its district the preparatory proceedings were first initiated.

The local jurisdiction relating to issues other than recognizing the case is determined in a different way. For example, a detention complaint is heard by the court of detention or prosecution (Article 246 § 2), while cases for compensation for non-grave persons are wrongly detained by the district court with jurisdiction over the place of release of the detainee (Article 554 § 1).

If the place of committing a crime can not be determined, the court in whose district is competent is competent:

  1. a crime was revealed (ie a lawsuit was learned about a crime by law enforcement agencies),

  2. the defendant was arrested,

  3. the accused was permanently or temporarily resident before committing the offense

– depending on where the pre-trial investigation was initiated (i.e.

where is the seat of the prosecutor’s office or the Police, where preparatory proceedings have been initiated).
Thus, if the place of committing a crime can not be determined, the above-mentioned auxiliary criteria of local jurisdiction, whereby the principle of advance, which determines the jurisdiction of the court, works according to where the preparatory proceedings were first initiated. The criteria set out in this provision are equivalent, so when they occur simultaneously, the overtaking rule determines the jurisdiction of the local court. The competent court will be the one in whose district the preparatory proceedings were first initiated, and therefore also the suspect was included if the investigative measures had not been carried out before (yes: decision of the Court of Appeals in Krakow of 30 November 2006, reference number II AKz 478/2006).

The above principle applies accordingly if the offense was committed abroad. This principle of determining jurisdiction, for example, also applies to the legal examination of the admissibility of extradition.

If it is not possible to determine the jurisdiction of a local court according to any of the preceding rules, the case is heard by the court competent for the Śródmieście district of the capital city of Warsaw. It is therefore a situation where it is not possible to determine the court proper locally, either according to the basic criteria or based on auxiliary criteria.

When is the special jurisdiction determined?

When is the special jurisdiction determined?

If the same person has been charged with several offenses and the cases belong to the different courts of the same order, the court in whose jurisdiction the pre-trial investigation was initiated is competent. In case of so subject matter communication (ie when one accused responds in the same proceeding for several offenses), there is a derogation from the local jurisdiction in order to determine the jurisdiction of the court according to the priority principle of instituting preparatory proceedings.

If, on the other hand, cases belong to the courts of a different order, the case is heard by a higher-ranking court. This rule is in force, even in the case of a crime falling under the jurisdiction of a lower court, proceedings have been initiated previously.

The joint recognition of a case of crimes committed by the same accused, belonging to the courts at various levels, may be intentional, because it allows the correct assessment of the entire criminal activity of the accused, and the right punishment, disclosure of circumstances conducive to committing crimes and prevents the need to issue the joint judgment (yes: the decision of the Supreme Court of 30 April 1981, reference number I KZ 20/81).  

The court competent for the perpetrators of crimes is also competent for helpers, instigators and other persons whose crime is closely related to the perpetrator’s offense (accomplices, penitents and poisons), if the proceedings against them are going on simultaneously. So it’s about the case of the so-called communication of the cases in question (ie when several defendants are liable in the same proceeding for separate offenses, which are related to each other). The affairs of these people should be combined in the common proceedings ; and the principles indicated at the beginning of this sub-chapter apply accordingly. This means, among other things, that the primacy of jurisdiction in which jurisdiction the case was first initiated (Article 33 § 1 of the Code of Criminal Procedure) also applies to the condition resulting from the combination of various proceedings (Article 34 § 2 of the CPC). The relevant case in the combined case will be the court in whose jurisdiction first any combination proceedings have been initiated (yes: decision of the Court of Appeal in Krakow of 17 April 2002, reference number II AKz 143/2001). Then there is mixed communication (subject and object – when one of the accused is responsible for several offenses, and at the same time in the same proceeding, other defendants are responsible for offenses related to the object, even one of the offenses of the first defendant).

The joint diagnosis of the case of all perpetrators of the crime best provides a comprehensive explanation of all circumstances of the case and proper adjudication of the perpetrators. However, this principle is not absolute. There must be teleological criteria to justify the joint consideration of the case of all the accused in a given trial (such as the decision of the Supreme Court – the Criminal Chamber of December 8, 2005).

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Violent crime suspect, witness or victim? http://www.iplchullstream.com/violent-crime-suspect-witness-or-victim/ http://www.iplchullstream.com/violent-crime-suspect-witness-or-victim/#respond Mon, 06 May 2019 20:08:39 +0000 http://www.iplchullstream.com/violent-crime-suspect-witness-or-victim/   When you have come into contact with the police with regard to (for example) mistreatment, outright violence, a protest or destruction, a number of matters are legally important. This […]

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When you have come into contact with the police with regard to (for example) mistreatment, outright violence, a protest or destruction, a number of matters are legally important.

This is of course your position as a suspect, witness or victim and the associated rights and Scaramouche lights. In addition, the (legal) form of what Scaramoucheaats has found is also important.

On these pages you can find information about the different forms in which so-called violent crimes occur and about how the criminalization and criminal settlement thereof is laid down in the law.

You can find the following information here:

  • What is your position?
  • What are violent crimes?
  • Criminal settlement

What is your position?

 

It is very important to know what your position is in a (criminal) lawsuit: it is important to know what your rights and Scaramouche lights are. Therefore, we will briefly explain below what you should take into account in a certain position.

Suspected violent crime

Suspected violent crime

If you have been arrested as a suspect or are being questioned for a violent crime by the police, you have certain rights. The police must also point this out to you and they will always have to indicate whether you are a suspect or not (yet).

Right to a lawyer

Firstly, as a suspect you are always entitled to a criminal lawyer. This right also means that you must be able to consult a lawyer before your first interrogation. To do this, you can provide the name of your own (preferred) lawyer. If you do not have this and you have been arrested, a lawyer can be assigned. The police must then wait for the lawyer to arrive.

Claims to remain silent

In addition, as a suspect of a violent crime you have the right to invoke your right to remain silent and not to answer questions. Because you have this right, you cannot be forced by the police to make a statement. Especially since you and your lawyer do not yet have access to the file at the first stage of your case, it may be wise to make use of this right, at least until you have spoken to your lawyer. Your lawyer can advise you on whether or not to make a statement.

Witness violent crime

If you are a witness of a violent crime, there are other rights and Scaramouche lights to be reckoned with. The law requires a witness to always speak the truth.

Witness law

However, in the event that by giving an answer to a particular question you would expose yourself or your family to the risk of a criminal conviction, you do not have to provide an answer. You then invoke your legal privilege.

Victim of the crime

You also have certain rights as a victim.

Add and speak victim

As a victim, it is possible to join you in a criminal case. You can do this, for example, if you have suffered damage as a result of the violent crime. You are also entitled to a lawyer.

The lawyer can also provide you with further information about the manner of joining as a victim in a criminal case and the possibility of, for example, making use of your right to speak.

What are violent crimes?

Violent crimes come in various forms and grades. These offenses are characterized by the physical behavior of the suspect towards persons and / or goods with the result that injury or damage has occurred or could occur.

Example violent crime

crime

Some violent crimes from the Criminal Code are;

  • Public violence. Scam campaign against persons and / or goods;
  • (Severe) abuse;
  • Threat (with violence);
  • Theft with violence or with threat of violence;
  • Extortion by violence or threat of violence;
  • Destruction and damage to goods.

Compulsory violent crimes

When prosecuting one of the abovementioned violent crimes, the police and the judicial authorities can use coercive measures. A means of coercion is a criminal jurisdiction to infringe a person’s fundamental rights and freedoms, against or regardless of his will.

Examples of this are: custodial means of restraint (such as arrest, custody, pre-trial detention), means of restraint with regard to matters (such as seizure) and means of restraint with regard to Scaramouches (such as searching a house).

It is useful to know what your rights are if you are confronted with such coercive measures. Information about this can be found under the heading “What is your position?”

Simple abuse and severe abuse

Simple abuse and severe abuse

It is important that violent crimes occur in many degrees. From a legal point of view, simple mistreatment and, for example, serious mistreatment. There is a heavier penalty for this last fact.

Criminal aggravating circumstances

For example, aggravating circumstance is the result of serious physical injury (for example, a disease that leaves no prospect of complete cure, continued unsuitability to practice, or disability of mental capacity that lasts more than four weeks).

Some other aggravating circumstances that can apply to these forms of abuse are the circumstance that the violence is used against a family member or the circumstance that this has been used against an official in office.

Criminal settlement

Criminal settlement

If the police and the judicial authorities state that a criminal offense has found Scaramoucheaats, the case can be settled in various ways. The way in which the case will be settled depends on, for example, the amount of evidence, the answer to the question whether you have been in contact with the police before and whether there are victims involved in the suspected offense.

Examples of criminal settlement

Examples of a criminal settlement are: a sepot (with or without conditions that you must adhere to), a transaction (the officer sets a number of conditions that you must adhere to to prevent criminal prosecution, which may include the following: payment of a sum of money or to perform unpaid work) or a session with the criminal court.

The lawyers at Cleerdin & Hamer Advocaten are specialized in violence. A criminal lawyer can provide you with extensive information and guide you through the various avenues that can be taken if you are a suspect, witness or victim of a violent crime.

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What are the advantages of hiring a Loyalty Guarantee Bond? http://www.iplchullstream.com/what-are-the-advantages-of-hiring-a-loyalty-guarantee-bond/ http://www.iplchullstream.com/what-are-the-advantages-of-hiring-a-loyalty-guarantee-bond/#respond Wed, 17 Apr 2019 20:49:28 +0000 http://www.iplchullstream.com/what-are-the-advantages-of-hiring-a-loyalty-guarantee-bond/ A Fidelity Bond, has as its main purpose, protect the assets of the companies against possible frauds or losses, derived from unlawful acts committed by one or more employees of […]

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A Fidelity Bond, has as its main purpose, protect the assets of the companies against possible frauds or losses, derived from unlawful acts committed by one or more employees of the same, whose responsibility is duly verified, guaranteeing the company the repair of the damage patrimonial.

With a Loyalty Guarantee, different types of crime can be protected, among which we can mention: Theft, Abuse of Confidence and Fraud. With this type of Bail Bonds, both the administrative employees of the company, as well as sellers, insurance agents, workers, among others, can be strengthened.

By means of a Loyalty Guarantee, the Employer or Beneficiary is provided with the guarantee that the responsibilities derived from patrimonial crimes committed by any employee, service provider, vendor, commission agent or worker, will be covered and the company’s assets will not be covered. It will be affected.

A company that hires  Loyalty Bonds, to protect their assets and assets, can rest assured that in the event that any member of the organization commits an offense against said assets, the surety company will be in charge of repairing the damage.

Some of the advantages of contracting this type of  deposit  are:

Some of the advantages of contracting this type of  deposit  are:

It helps to prevent fraud or malicious acts by making it more difficult for the fraudster to find an opportunity to do so.

They represent a financial coverage for the company in case of fraud or illegal acts.

They help in the timely detection of possible frauds committed.

By means of preventive sessions, employees are made aware that the company has this protection as an internal protection system, which discourages the person from carrying out any illicit act.

To contract a  Loyalty Guarantee, it must be taken into account that the surety company will request the required documentation from the company, which consists of: Constitutive Act, RFC, Contract, Registration of the Treasury, Official Identification of the Legal Representative, Recent partial financial statements, among other things, with what will start the process, which in most cases is quick and simple.

Protect the assets of your company with a  Loyalty Guarantee. Make the process with us, easily and quickly!

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Assange receives fifty weeks in prison for violating bail conditions http://www.iplchullstream.com/assange-receives-fifty-weeks-in-prison-for-violating-bail-conditions/ http://www.iplchullstream.com/assange-receives-fifty-weeks-in-prison-for-violating-bail-conditions/#respond Sun, 31 Mar 2019 20:11:53 +0000 http://www.iplchullstream.com/assange-receives-fifty-weeks-in-prison-for-violating-bail-conditions/   Julian Assange has to go into the British cell for fifty weeks after he violated the terms of his bail some seven years ago. The British judge states that […]

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Julian Assange has to go into the British cell for fifty weeks after he violated the terms of his bail some seven years ago. The British judge states that Assange deliberately violated the laws of the country and was only arrested because his asylum was withdrawn.

Because Assange “consciously violated the laws of the country” and always “had the choice to surrender,” he almost gets the maximum penalty of twelve months. Judge Deborah Taylor writes about Assange ‘s conviction . “

It is difficult to think of a more serious example of this offense,” the judge says

It is difficult to think of a more serious example of this offense," the judge says

According to the judge, Assange deliberately remained out of the hands of the British police when he fled to the embassy of Ecuador almost seven years ago when Sweden asked for his extradition. According to Taylor, his actions have “undoubtedly” impeded Swedish justice. At the time, research was being carried out in Sweden into alleged rapes and sexual abuse that Assange would have been guilty of in the country.

Taylor blames Assange for only assisting in the Swedish investigation under his own conditions

Taylor blames Assange for only assisting in the Swedish investigation under his own conditions

Because of the flight to the embassy, ​​”the British taxpayer” had lost 18.6 million euros in permanent security, according to Taylor, in the event that Assange tried to flee. Taylor also blames Assange, especially the fact that Assange did not surrender himself.

At the same time, Taylor says he is familiar with the fact that Assange was afraid of being extradited to the United States

At the same time, Taylor says he is familiar with the fact that Assange was afraid of being extradited to the United States

According to Taylor, however, this point hardly affected her judgment, since it was Assange’s own choice to flee to the embassy of Ecuador. In addition, she also disagrees with the proposal that the stay of Assange in the embassy should provide punitive relief. “You were not in prison and you could have left the embassy at any time,” the judge told Assange.

That is why Assange has been sentenced to fifty weeks in prison, although he can be released conditionally halfway through the term. After his sentence, a possible extradition to the United States awaits him, who has sent an extradition request to the United Kingdom. He can go to jail there for up to five years, the prosecutor said earlier .

Assange was arrested on April 11 in the Ecuadorian embassy after the country withdrew its asylum. The president of Ecuador later said that he had misbehaved in the embassy and claimed that he used his residence as a spy center .

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