Our office of lawyers offers services for those people who have been detained by the crime of Murder. We focus our defense on the rights that the Law grants to each citizen involved in a penal process, not caring which it is his condition. Also in many occasions we help to demonstrate the innocence of our represented ones, when false allegations are presented against them, whenever tests that demonstrate their position in the process exist.
When is the crime of Murder typified according to the Penal Law?
A person commits a crime when he/she murder another one. Whenever he converges any of these circumstances: to execute the fact by means of price, rewards or benefits of any class, or offer or promise of these, to make the fact using means, ways or forms that spread direct and especial ways to assure their execution without risk of the defense that could make the offended one, to execute the fact against a person that flagrantly, for his personal conditions or for the circumstances in which he/she is, is not able to defend appropriately; to increase the victim's suffering deliberately, causing him other unnecessary wrongs for the execution of the crime, to work with forethought, that is to say, when his external acts demonstrate that the idea of the crime arose previously in his mind enough to consider it with serenity for the time that it mediated between the purpose and its realization.
Also the crime of Murder is typified if the act got ready to foresee the difficulties that could arise and persist in the execution of the act, if the knowingly fact is executed that at the same time he/she puts on in danger the life of other people, to carry out the crime to prepare, to facilitate, to consummate or to hide another crime, it works for sadistic impulses or of brutal perversity, if it was deprived illegally from freedom to the victim before giving him death, if it executes the fact against the authority or its agents, when these are in the exercise of its functions.
What is a firm sentence?
The firm sentences are those dictated in first instance, against the resource which has not been settled down in the legal term or the Law doesn't authorize it, as well as those dictated in first instance against those who having settled down resource, this desert is declared by nonappearance of the recurrent one in the legal term to support it, if this desists later it expresses easily the inadmissibility of the resource, also declared and dictated by the superior Tribunals solving the resources, the same way the leaves of the sentence of the instance tribunal that is not affected by the welcome bankruptcy and that it doesn't have to do directly with the recurrent one.
Does some difference exist between the Penal Process and the Civil Process?
In the field of the penal process the question of the contribution of tests corresponds to the public action, to the specialized organisms of the State, that is to say, all the diligences directed to the proof of the existence of a criminal fact, to the author's identification or authors, it corresponds to the police organs and the Public Ministry, as well as in its case to the Tribunal. This doesn't mean that the accused part, through the lawyer of the defense, cannot contribute tests or to request instruction diligences with the purpose of proving his innocence. What it is necessary to have clear is that the accusing part is the one always in charge of offering the tests to demonstrate the guilt, as well as the circumstances that surrounded to the criminal fact.
So it works different in the civil process, because the contribution of tests corresponds to the parts with relationship to support their pretenses, to prove their rights, with exception to those agreed of occupation for the Tribunal to end better in some processes where the representative of the public interest, the District attorney, participates in the cases of the minor representation and people who don't have the necessary artificial capacity or they have it limited on this work to protect the interests of the same ones.
What procedures do we take as lawyers before the non execution of the sentence?
The non fulfillment of the judicial dispositions doesn't always depend on the tribunal, because in occasions, it is for some external factor, this doesn't usually happen frequently in the penal matter, like it is the case of the crime of Murder, however it is manifested in a more notorious way in the civil sphere, like in the housing part or administration. In the cases related to the penal matter, the lawyer should request to the tribunal the execution of the judicial failure, what facilitates that it acts according to Right, in accordance with the situations that are outlined.
For that in the penal process, we investigate in the reason that has propitiated the delay and as our client's legal representatives we put it to knowledge of the authority authorized to solve the question, explaining this circumstances in writing.