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In my opinion: The Criminal Procedure Code
By Dr. Gianthony T. Correa .-
When talking about crime at all levels often make the same mistake: blame the Criminal Procedure Code. The not so new Criminal Procedure Code is not the cause of our problems with the misfits who by necessity or desire unfortunately can not live in sociedad.La causing the crime problems are the few opportunities they have in their young hands our popular sectors, which doctors are having a hard time while drug dealers roam our streets like true kings of super luxury cars and other items for display. The causes of crime crisis of values \u200b\u200bis walking hand in hand with poverty, which are accompanied by more brazen ruthlessness to get what everyone wants to end: dinero.Una thing we must not lose sight of is that in our sectors popular not all young people with the most varied vicissitudes of underdevelopment attend reprehensible methods of survival. Our popular sectors are also full of young men and women full of desire to improve through study and hard work and tenacious. It is not good to generalize, it is not just paying for the sins by saying that youth is damaged in conjunto.Constituye a disservice to the national law blame the Criminal Procedure Code, that our streets from being wrapped by crime, I say this because the cause of failure in the prosecution of violations of the laws is the fault of those who use the Code and not as a tool of the Code. The act of calling too guarantor of the Code should not be a way of insult to the bill in question, since all laws are called to guarantee the rights of citizens, that is what makes possible the coexistence of humanos.El Code Criminal Procedure has the advantage of having a set of fundamental principles, meant to ensure a fair process that will conclude with the fact-finding trial. These Principles Have been essential to stabilize the criminal proceedings, ensuring the smooth functioning of justice and eliminating so many historically rascalities ciudadanos.Entre made against the fundamental principles we can mention the primacy of the Constitution and treaties, which prioritizes the sources of law, the settlement of the conflict, as the end of criminal proceedings; trial before being sentenced, the principle of natural Justice, Impartiality and independence of the judiciary, the participation of citizens in criminal proceedings, and legality of proceso.Además those already mentioned is the process within a reasonable time, the only prosecution, which states that a person can only be tried once for a fact the defense of human dignity, equality of citizens before the law, equality between the parties to the proceedings, the right to self-incrimination, the presumption of innocence, the statute of liberty; reasonable limit preventive detention; The personality of the prosecution, which states that everyone is accountable. The sacred right of defense, the precise formulation of charges, so that the person knows he is accused, the right to appeal decisions, the separation of functions in the process, the obligation to decide, giving the decision, the legality of the test victim's rights and enforcement of the sentence. These Fundamental principles are not to obstruct the process, but rather are to streamline and bring transparency to the administration of justice in the criminal jurisdiction of the complaints dominicana.Muchas sectors of society are oriented to the fact that when offenders are caught just carrying out their "offices" so that they can be imprisoned for their actions is necessary that the affected party complainant becomes a civil plaintiff in the cases which do not affect public order or cause disturbance to society, this is because the relevant action before the courts in these cases is the Public Prosecution to private application, which is mainly characterized by an active action of the afectada.El problem we face is not the fault of the Criminal Procedure Code, but who are called to use it as a tool for combating crime, the problem is that the Code of Criminal Procedure is "very guarantor" but that those responsible for implementing the code especially in the preparatory part of the process are unable to perform ideally the requirements of due process and other rights they are entitled to imputados.En plain language, I have the opinion that we put in the hands of a driver of a luxury car and public Modern Mercedes Benz, and that often they do not know where to start driving so advanced piece of German engineering. The problem here is not the manufacturer Mercedes Benz, since the technological back in would not be a feasible option but that the best way would be that the driver fit the new tiempos.Dejemos to blame the Criminal Procedural Code of the rise of crime and look at our around if by chance no more responsables.Por Dr. Gianthony T. Correa .-
When talking about crime at all levels are often commits the same error: blame the Criminal Procedure Code. The not so new Criminal Procedure Code is not the cause of our problems with the misfits who by necessity or desire unfortunately can not live in sociedad.La causing the crime problems are the few opportunities they have in their hands the youth of our popular sectors, which doctors are having a hard time while drug dealers roam our streets like true kings of super luxury cars and other items for display. The cause of crime is the crisis of values \u200b\u200bthat walks hand in hand with poverty, which are accompanied by more brazen ruthlessness to get what everyone wants to end: dinero.Una thing we must not lose sight and is that in our popular sectors not all young people with the most varied vicissitudes of underdevelopment attend reprehensible methods of survival. Our popular sectors are also full of young men and women full of desire to improve through study and hard work and tenacious. It is not good to generalize, it is not just paying for the sins by saying that youth is damaged in conjunto.Constituye a disservice to the national legal system to blame the Criminal Procedure Code, that our streets from being wrapped by crime I say this because the cause of failure in the prosecution of violations of the laws is the fault of those who use the Code and not as a tool of the Code. The act of calling too guarantor of the Code should not be a way of insult to the bill in question, since all laws are called to guarantee the rights of citizens, that is what makes possible the coexistence of humanos.El Criminal Procedure Code has the virtue of having a set of fundamental principles, meant to ensure a fair process that will conclude with the fact-finding trial. These fundamental principles have been to stabilize the criminal proceedings, ensuring the smooth functioning of justice and eliminating so many historically rascalities ciudadanos.Entre made against the fundamental principles we can mention the primacy of the Constitution and treaties, which ranks the sources of law, the settlement of the conflict, as the end of criminal proceedings, trial before being sentenced, the principle of a natural Impartiality and independence of the judiciary, the participation of citizens in criminal proceedings, and legality of proceso.Además of the aforementioned is the process within a reasonable time, the only prosecution, which states that a person can only be tried once for a fact the defense of human dignity, equality of citizens before the law, equality between the parties to the proceedings, the right to self-incrimination, the presumption of innocence, the statute of liberty reasonable limit custody; The personality of the prosecution, which states that everyone is accountable. The sacred right of defense, the precise formulation of charges, so that the person knows he is accused, the right to appeal decisions, the separation of functions in the process, the obligation to decide, giving the decision, the legality of the evidence, victim's rights and implementation of penalty. These fundamental principles are not to obstruct the process, but rather are to streamline and bring transparency to the administration of justice in the criminal jurisdiction of the complaints dominicana.Muchas sectors of society are oriented to the fact that when offenders are caught just underway their "offices" so that they can be imprisoned for their actions is necessary that the affected party complainant becomes a civil plaintiff in the case do not affect public order or cause disturbance to society, this is because the relevant action before the courts in these cases is the Public Prosecution to private application, which is characterized mainly by the active action afectada.El problem we face is not the fault of the Criminal Procedure Code, but who are called to use it as a tool for combating crime, the problem is that the Code of Criminal Procedure is "very guarantor" but that those responsible for implementing the code especially in the preparatory part of the process are unable to perform ideally the requirements of due process and other rights they are entitled to imputados.En plain language, I have the opinion that we put in the hands of a public car driver a modern luxury Mercedes Benz, and that often they do not know where to begin to handle such an advanced piece of German engineering. The problem here is not the manufacturers of Mercedes Benz, since the technological back in would not be a feasible option but that the best way would be that the driver fit the new tiempos.Dejemos to shift blame to the Code of Criminal rise in crime and look around us if by chance there are no more responsible.
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