Edgard Moreno Raul Leoni: The sentence is the highlight of law
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 created. The purposes of the law are linked to the concept of
judicial protection, this being a right of everyone to which justice must be
done. Everyone has the right to be judged properly, no matter where they stand
in the criminality spectrum.
That claim
will be handled by a court through a procedure: the exercise of the judicial
function which involves hear about disputes of any nature and provide, in every
single case, a resolution that will be reflected in the sentence given under
the applicable law. As also one of the functions of court is to give a proper
sentence that goes toe to toe with the offense in hand, something that has been
the topic of discussion for many years, as for as a minor thief that stole a
piece of bread to eat is not as critical as a thief that stole something
valuated in millions of dollars, or a harass charge compared to a rape charge,
even any of them compared to a murder in third grade, every sentence should be
given having the level of the crime in consideration.
Final judgments are those that resolve
the dispute, and determine the cause as last in the main, that is, on the
merits. However, another type of resolutions that occur during the procedure,
but are of lesser prominence than the mentioned above, because in the end as
stated before, the final sentence is the culmination of all applicable law when
it comes to court.



Comments
Post a Comment