Our lawyer’s office offers services specialized in Penal Right in the territory and we exercise legal competition so much national as international. Our lawyers are very deep in the exercise of their task, and they are expert in the penal matters, therefore they guarantee in the process the preparation and the technical and doctrinal knowledge that they have reached with the years of practice. For that reason if he/she needs any type of professional consultation he/she can request our services.
What relationship does it exist between the Penal Right and other juridical branches or sciences related to it?
As theoretical discipline the science of the Penal Right is based on the essence and the paper of the State and the Right, its movement laws and its appearance forms, and at the same time the results of the Penal Right, on its functions, on the character of the sanction, the creation relationship and convincing, repression and education, about the man's responsibility before the State and the Society.
The theory of the Penal Right is linked with the theoretical foundations of other branches of the science of the Right. As positive legislation, for its special nature and function, it is linked with the Constitutional Right, the Administrative Right, the Right of Family, the Labor Right, the Civil right and others.
It also finds a narrow bond with the Penal Procedural Right, the Criminology and the penitentiary technique, besides a group of auxiliary sciences as the Legal Medicine and the forensic Psychiatry, to mention some examples. To the Right Procedural Prison it corresponds to start, to drive and the steps that allow the practical application of the penal law to conclude (penal Right as material law or substantive).
What is the Co-delinquency in penal matter?
There won't be co delinquency when he participates in a fact that is not criminal to converge a justification cause, as the legitimate defense, the state of necessity, and so forth. There are elements of the co delinquency, like they are the intention of all the participants and the execution for each one of these of one of the acts guided to the production of the crime. The intention should also go to the criminal and not only perfection to the execution of an act, because the co delinquency not only exists in the accomplished cases, but also in the cases of imperfect crimes.
It is necessary to keep in mind that the personal circumstances are no transmissible in the co delinquency. (The constituent elements of the added difficulties and the extenuating ones only they affect people in those who converge, without being transmitted the copartners). This figure is also manifested in those crimes in which it is indispensable the co delinquency like the abortion, the incest, among others.
Can he be sanctioned penal and secularly at the same time?
So that to a person it is he attributable a sanction, firstly he has to proceed the demand of the penal responsibility, for which he has to be a human being who owns the necessary legal capacity as subject of right for it. If he lacks capacity, he will be no imputable and consequently he won't be responsible for his acts. For that once it has been declared to the person like penally responsible it is applicable the corresponding sanction.
It also exists the Civil responsibility coming from the crime, so that if a person makes a typified crime in the Penal Code and in consequence of this act he/she causes damages of patrimonial nature, he should not pay only a penalty, but also to reimburse the caused damages, in which he is demanded by the Civil road. This way, one person can be sanctioned penal and secularly to the unison, for consequence of one criminal fact and without mediating another process different from the initiate one in the competent Penal Tribunal.
What is the repetition and the Multi backsliding?
The biggest severity with which the Code treats the repetition it not only shows in an added difficulty that determines the increase in the limits of the sanction, but for the exclusion of the criminal of all the benefits that can be granted to the commission agent like aggravating and modificative circumstance. The Repetition is when the agent has been sanctioned previously by another intentional crime of the same or different species.
The Multi backsliding is when the person has been sanctioned previously by two or more intentional crimes of the same or different species. These are elements that the lawyer defender should dominate in the development of his case to adjust the details of the same one and to avoid conjectures of the tally that are not in agreement to that specified in the Law, since each one of these figures can increase his condition notably in the process.
How is the intervention of the penal lawyers in these processes?
Each one of the members of our office knows to fullness his work like a client's representative, for that reason each case is a priority for them. Our work politics consists on to reach the excellence and to improve the quality of our services, because it is highly necessary for us to maintain the respect always reached in the time that we develop our activity in the territory, characterizing us for the professionalism and the agility with which we process each case.