Criminal advice in case of homicides, criminal lawyers

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The regulation of the crimes against the life and the corporal integrity, as it is the crime of Homicide has special importance for the prosperous and effective development of all society, now that our Office has a qualified and excellent group of lawyers who carry out their work representing a numberless of cases of this nature. Our services are good to advise and to represent people in this situation type, because we have an accepted approval at national and international level.

What reference does the crime of Homicide make to?

The crime of Homicide typifies when a person removes the life to another. The relationship of cause effect among the lesion taken place by the active fellow of the crime and the passive fellow's death, continues being a question that occupies the attention of the tribunals constantly, because of that bond it comes off the possibility to demand penal responsibility or not, besides influencing in other elements of supreme importance like they are in the aggravating or extenuating circumstances of the pain that would be imposed.

If he is processed by a homicide crime, is he/she part or fellow in the process honeycomb?

A palpable difference exists between the Procedural Fellows and the Parts in the penal process. The Fellows are all those people who somehow in exercise of a function or profession or in defense of an interest or as mere manifestation of their will they intervene in the process, like they can be those whose intervention in the process is necessary as it is the Tribunal, Fiscal, accused, Lawyer, auxiliary and the instructor. But they are also subject those who are not indispensable for the development of the process, but they can intervene in the same one, for application of the parts or the Tribunal, because they consider that their contribution is of huge importance for the development of the case or for the explanation of the carried out investigations, like they are the Witness and Experts.

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They are on one hand Parts of the Process those procedural fellows of the penal action that materialize the penal debate, the District attorney and for other the accused with or without literate representation. That`s why if you are processed by a crime of Homicide, not only he/she is a procedural fellow, he is also part in the penal process.

What is the role for the pled penologist to play in these cases?

As lawyers we veil for the integration of our client's interest, our main purpose is to demonstrate the position that presents in the case like his representatives, for what we are those in charge of finding the means to materialize his pretense, the same one that we will be defending and imputing during the whole course of the process, and that also in the Oral Trial we have to precise clearly in our definitive conclusions. It also corresponds to us to look after the execution of the principles that should govern the penal process as the Legality, Morality, Equality or comparison of the parts, Judicial Independence, Presumption of innocence, Velocity or procedural Economy, civic Participation, Respect to the man's equality, and Due process, which are guarantees for his accused condition.

Which is the hard difference among Sentence and Definitive Sentence?

It is not the same question when a sentence has acquired stability and when a sentence is definitive. The Firm sentence is that one which control and doesn't fit some resource and equally it is designated this way to all the judicial resolutions when the term settled down in the Law to refute it has lapsed.

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On the other hand the Sentence is definitely that which puts an end to the process, but they admit resource interference, as the Resource of Appeal or the Resource of Cassation that as you plead we allege whenever the failure has not been the prospective one or whenever we consider the possibility to improve it, work that we won't be able to carry out if the terms are fulfilled to interpose these resources and begin the process of Execution of Sentence that is the last effect of the judicial resolutions, when they acquire stability and the Tribunals are forced to order its execution.

Do you always read exigently the penal responsibility?

Not whenever a typified fact is made in Law like crime is exigent in the penal responsibility, since they exist exculpatory of this responsibility that are not more than punctual questions that the legislator tried to preserve, by virtue of the social justice and the reasoning, since still and when a punitive fact is made, the circumstances can vary in dependence of the fellow or of questions materials that admonished the situation.

That is why in those cases some act is materialized and regulated in the Penal Code as perceptible of sanction, if some of these exculpatory ones are manifested, it is not an exigency in the penal responsibility to the author, these are the cases of the mental sick persons, those who act under legitimate defense, for a state of necessity or by mistake, keeping in mind that the reality of these suppositions should always be proven, because if they cannot be proven, they are inapplicable.

 

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