Edgard Raúl Leoni Moreno

A prosecutor or fiscal is the representative of the Public Prosecutor in court, noting that the same (also known as Attorney General or Attorney General, depending on the country) is a state institution that represents the interests of the community through the research of crimes and the receipt of witnesses and victims. The civil servant referred direct the criminal investigation and development of criminal actions public. The law fixes its territory of action, their specific functions and work shifts. Generally, the referred is able to give specific orders to police forces. This officer must perform his duties objectively and within the frame of law, with autonomy and independence. In a trial the prosecutor is responsible for preparing criminal action through the prosecution. To this he should carefully study the case in what is known as a preparatory stage and demonstrate against those present at the trial, whic...

The Vienna Convention is the name of numerous treated signed in the city of Vienna, among the most striking of them we can name as one   of them that addresses diplomatic relations 1961. The aforementioned international treaty signed in which 190 states belonging to the convention, created with the aim of regulating diplomatic relations between countries and immunity of the diplomatic staff. It was adopted on 18 April 1961 in Vienna (Austria) and entered into force on 24 April 1964. It was complemented in 1963 by the "Vienna Convention on Consular Relations". The treaty of 1963 is an international document of public nature, set in Vienna on April 24, at the end of the corresponding coding dissertation by the United Nations. The referred agreement consists of 79 articles, including consular relations already mentioned and their respective functions are regulated, as in what concerns the status of office...

The rule of law can be termed as a kind of organization of the social life of a country that is subject to proceedings regulated by law in which the State acts are limited strictly by a supreme legal framework which are guided by the principle of legality and absolute respect for fundamental rights. The state behavior can not be discretionary. State actions are subject to the Constitution framework which it must not ever exceed. Furthermore, these actions must be guided always by the principle of legality, whether formal or substantial. The rule of law will allow public bodies (executive, legislative, judicial, electoral) are interdependent and coordinated representing the government of the people. The organs of government are born from the people more or less directly. They act therefore on their behalf, under the rule of constitutional norms . The Government is cooperation and concurrence of those bodies ident...

International law is the product of the treaties and customary rules and one that can only be obtained in each case and in each specific historic time of observation of these sources. Thus, in each subject we will have to observe the treaties and customary rules and deduce comparing both similarities and similarities through a process of abstraction to general and positive law, which is closer to European International. Now, the legal system is justified by their functional necessity in relation to society, and this society from which it derives its validity is not formal, but substantial. It relates to their suitability for the role has to fulfill in every society, which is to unite and pacify. It should be emphasized that public international law has not in principle of a centralized power structure, endowed with the competence required to exercise coercion against that State that fails to comply with it...

For some time the real purpose of the ad hoc tribunals was settling differences between states or, sometimes, among other international entities, things in the lines of small controversies related to the mandataries of the international entities and conflicts that could be seen as mundane as today’s standards when it comes to international matter. It was not until the Nuremberg trials that followed World War II that the tribunals ad hoc were created aimed at resolving criminal cases brought against individuals to address the most serious international crimes , such as genocide, war crimes and Crimes against humanity. After the trials of Nuremberg and Tokyo , the first international criminal tribunals were established in the 1990s to respond to the atrocities committed during the conflict in former Yugoslavia and the mass killings in Rwanda. The International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) were cr...

The judgment is the most important act of the judicial function , since that is the highlight of the whole process of applying the law to the case under consideration by the bodies responsible for it. It is an appropriate decision on the procedural relationship, and is the result from the intended action if any will satisfy the claim of the trial . This is who must decide the choice of the major premise on which it will base its judgment, if the problem you have more than one possible premise, each force in the positive law is presented, but the premises are chosen depending on what is considered as the correct decision, since properly it can be said that sentence is not to know but to assess. Through the sentence, the judge fulfills enshrined in the respective national laws guarantee. To ensure respect for this guarantee it must be ensured that the actions of the courts fulfill the purpose for which they were ...

The main role of a judge  in the penal system is to serve as one of the central pieces of it, since his intervention in a court hearing will be necessary. Therefore, whoever takes this roll must have a complete knowledge of the system and the principles ruling it, so, when he has to make a decision, he can have all the verifiable elements to do so. When court hearings are in session, a series of situations can take place and the judge might need to use his knowledge to solve them based, and motivated, by his determination. This happens so the process preserves it purpose. The judge must maintain order and discipline, not supporting any of the parties, and remaining impartial during the court hearing.  The judge must also avoid personal debates, and take disciplinary measures contemplated in the law to enforce this. Some of these are ordering the exit of people altering the order in room where the hearing takes place, or cautioning if necessary. In additi...