Civil law – Prosecute Bush Cheney http://prosecutebushcheney.org/ Mon, 08 Nov 2021 08:00:00 +0000 en-US hourly 1 https://wordpress.org/?v=5.8 https://prosecutebushcheney.org/wp-content/uploads/2021/08/cropped-icon-32x32.png Civil law – Prosecute Bush Cheney http://prosecutebushcheney.org/ 32 32 UAE Indian community welcomes new civil law for non-Muslims: The Tribune India https://prosecutebushcheney.org/uae-indian-community-welcomes-new-civil-law-for-non-muslims-the-tribune-india/ Mon, 08 Nov 2021 08:00:00 +0000 https://prosecutebushcheney.org/uae-indian-community-welcomes-new-civil-law-for-non-muslims-the-tribune-india/ Abu Dubai, November 8 The UAE Indian community on Monday welcomed the historic new civil law for non-Muslims in Abu Dhabi, the capital and second most populous city in the Gulf country, which was introduced by the emirate in an effort to maintain its competitive advantage as a regional commercial hub and emerge as the […]]]>

Abu Dubai, November 8

The UAE Indian community on Monday welcomed the historic new civil law for non-Muslims in Abu Dhabi, the capital and second most populous city in the Gulf country, which was introduced by the emirate in an effort to maintain its competitive advantage as a regional commercial hub and emerge as the most attractive destination for talents and skills.

In his capacity as ruler of the Emirate of Abu Dhabi, President Sheikh Khalifa bin Zayed Al Nahyan on Sunday promulgated a law regulating personal status matters for non-Muslims in Abu Dhabi to provide a flexible and advanced judicial mechanism. for the determination of status disputes for non-Muslims.

The move, which is the first of its kind in the world, will strengthen the emirate’s position and its global competitiveness as one of the most attractive destinations for talent and skills, the official WAM news agency reported. .

Reacting to the decision, Ipshita Sharma, Sales Manager for the International Edition, called it “an incredible gesture for those of us who consider the UAE to be home.” “I have been here for 12 years now and I feel more and more that we are included in the country’s narrative despite our religion, nationality and beliefs,” said Sharma, who is based in Dubai.

According to M Unnikrishnan, a communications professional, Abu Dhabi’s new civil law on marriage, divorce, custody and inheritance for non-Muslims holds promise for its residents.

“By introducing a new legal framework for non-Muslims, the leadership of the UAE has ensured a flexible and advanced judicial mechanism aligned with international practices,” he said.

For Abu Dhabi-based Unnikrishnan, the announcement of the reforms as the UAE celebrates its Golden Jubilee celebrations is another milestone in the nation’s history.

“Bilingual legal procedures, the right to divorce, equal rights of partners in matters of child custody, special courts dedicated to non-Muslim family matters, etc. noted.

“Linked to the legal overhaul of November last year, the new measures will protect the rights of all concerned,” Unnikrishnan said.

Kevin Bayan, a Philippine national, who works in the health sector in Abu Dhabi, said the new set of rules would make civil cases less complex. “It will therefore be a blessing for residents and expatriates, living longer in the country. The flexibility, priority and advanced approach taken in formulating the new law are commendable,” he said.

“Over the years, the UAE has paid special attention and attention to residents to ensure that their rights and needs are taken into account. I believe that the aspects of the law relating to marriage, divorce and child custody are advanced and capable of guaranteeing the rights of individuals and their children, ”he added.

Chandrashekhar Bhatia, of the Dubai-based Maharashtra Business Forum, said the law was good for the country.

“This is very useful for non-Muslims because in case of child custody, both parties will now be responsible for the care of their children. The community should welcome this,” he said.

An Indian technician living in Abu Dhabi said details related to the new law are still not known.

“We should wait until more details emerge. When it comes to inheritance law specifically, I’m looking for clarification on how this will work alongside Indian inheritance law. Suppose we have property in the United Arab Emirates and India, but without a will, ”he said on condition of anonymity.

The law, which is in line with international best practices, guarantees the right of non-Muslims to be subject to internationally recognized law with which they are familiar in terms of culture, customs and language, according to an article in the Khaleej Times.

It will also help protect the best interests of the children, especially in the event of parental separation, he said.

The move will further strengthen the emirate’s position and its global competitiveness as one of the most attractive destinations for talent and skills, he said.

The law consists of 20 articles divided into several chapters covering civil marriage, divorce, joint custody of children and inheritance, according to the WAM report.

Youssef Saeed Al Abri, undersecretary of the Abu Dhabi Judicial Department (ADJD), said the new legislation is the first of its kind in the world because it deals with the smallest details regarding non-Muslim family life.

The new law applies civil principles in the regulation of family matters, Al Abri said, as quoted by the state news agency.

He also announced the creation of the first court dedicated to non-Muslim family matters, which would be in both English and Arabic in order to facilitate the understanding of legal proceedings by foreigners and to improve judicial transparency.

Al Abri added that the Abu Dhabi Judicial Department strives to provide innovative solutions to the personal status issues of non-Muslims that are brought before the courts, after studying and analyzing them and working to find sophisticated legislative solutions. which provide a modern judicial framework for foreigners residing in the Emirate of Abu Dhabi to resolve family disputes flexibly in accordance with international best practices, Gulf News reported. – PTI


Source link

]]>
UAE Indian community welcomes new civil law for non-Muslims https://prosecutebushcheney.org/uae-indian-community-welcomes-new-civil-law-for-non-muslims/ Mon, 08 Nov 2021 08:00:00 +0000 https://prosecutebushcheney.org/uae-indian-community-welcomes-new-civil-law-for-non-muslims/ The UAE Indian community on Monday welcomed the historic new civil law for non-Muslims in Abu Dhabi, the capital and second most populous city in the Gulf country, which was introduced by the emirate in an effort to maintain its competitive advantage as a regional commercial hub and emerge as the most attractive destination for […]]]>
The UAE Indian community on Monday welcomed the historic new civil law for non-Muslims in Abu Dhabi, the capital and second most populous city in the Gulf country, which was introduced by the emirate in an effort to maintain its competitive advantage as a regional commercial hub and emerge as the most attractive destination for talents and skills. In his capacity as ruler of the Emirate of Abu Dhabi, President Sheikh Khalifa bin Zayed Al Nahyan on Sunday promulgated a law regulating personal status matters for non-Muslims in Abu Dhabi to provide a flexible and advanced judicial mechanism. for the determination of status disputes for non-Muslims.

The move, which is the first of its kind in the world, will strengthen the emirate’s position and its global competitiveness as one of the most attractive destinations for talent and skills, the official WAM news agency reported. .

Reacting to the decision, Ipshita Sharma, Sales Manager for the International Edition, called it “an incredible gesture for those of us who consider the UAE to be home.”

“I have been here for 12 years now and I feel more and more that we are included in the country’s narrative despite our religion, nationality and beliefs,” said Sharma, based in Dubai.

According to M Unnikrishnan, a communications professional, Abu Dhabi’s new civil law on marriage, divorce, custody and inheritance for non-Muslims holds promise for its residents.

“By introducing a new legal framework for non-Muslims, the leadership of the UAE has ensured a flexible and advanced judicial mechanism aligned with international practices,” he said.

For Abu Dhabi-based Unnikrishnan, the announcement of the reforms as the UAE celebrates its Golden Jubilee celebrations is another milestone in the nation’s history.

“Bilingual legal procedures, the right to divorce, equal rights of partners in child custody, special courts dedicated to non-Muslim family matters, etc., are some of the features of the reform, guaranteeing the transparency in the respect of rights ”, he mentioned.

“Linked to the legal overhaul of November last year, the new measures will protect the rights of all concerned,” Unnikrishnan said.

Kevin Bayan, a Philippine national, who works in the health sector in Abu Dhabi, said the new set of rules would make civil cases less complex.

“It will therefore be a blessing for residents and expatriates, living longer in the country. The flexibility, priority and advanced approach taken in formulating the new law are commendable,” he said.

“Over the years, the UAE has paid attention to residents to ensure that their rights and needs are taken into account. I believe that aspects of the law regarding marriage, divorce and custody children are advanced and able to guarantee the rights of individuals and their children, ”he added.

Chandrashekhar Bhatia, of the Dubai-based Maharashtra Business Forum, said the law was good for the country.

“This is very useful for non-Muslims because in case of child custody, both parties will now be responsible for the care of their children. The community should welcome this,” he said.

An Indian technician living in Abu Dhabi said details related to the new law are still not known.

“We should wait for more details to emerge. With regard to inheritance law specifically, I’m looking at how this will play out alongside Indian inheritance law. Suppose one owns property in UAE and India, but without a will, ”he said. said on condition of anonymity.

The law, which is in line with international best practices, guarantees the right of non-Muslims to be subject to internationally recognized law with which they are familiar in terms of culture, customs and language, according to an article in the Khaleej Times.

It will also help protect the best interests of the children, especially in the event of parental separation, he said.

The move will further strengthen the emirate’s position and its global competitiveness as one of the most attractive destinations for talent and skills, he said.

The law consists of 20 articles divided into several chapters covering civil marriage, divorce, joint custody of children and inheritance, according to the WAM report.

Youssef Saeed Al Abri, undersecretary of the Abu Dhabi Judicial Department (ADJD), said the new legislation is the first of its kind in the world because it deals with the smallest details regarding non-Muslim family life.

The new law applies civil principles in the regulation of family matters, Al Abri said, as quoted by the state news agency.

He also announced the creation of the first court dedicated to non-Muslim family matters, which would be in both English and Arabic in order to facilitate the understanding of legal proceedings by foreigners and to improve judicial transparency.

Al Abri added that the Abu Dhabi Judicial Department strives to provide innovative solutions to the personal status issues of non-Muslims that are brought before the courts, after studying and analyzing them and working to find sophisticated legislative solutions. which provide a modern judicial framework for foreigners residing in the Emirate of Abu Dhabi to resolve family disputes flexibly in accordance with international best practices, Gulf News reported.


Source link

]]>
Roz Boynton: A defense of automatism has no place in civil law https://prosecutebushcheney.org/roz-boynton-a-defense-of-automatism-has-no-place-in-civil-law/ https://prosecutebushcheney.org/roz-boynton-a-defense-of-automatism-has-no-place-in-civil-law/#respond Tue, 02 Nov 2021 13:23:40 +0000 https://prosecutebushcheney.org/roz-boynton-a-defense-of-automatism-has-no-place-in-civil-law/ Roz Boynton: A defense of automatism has no place in civil law Posted November 2, 2021 Roz boynton Shockwaves reverberated through the cycling community recently when a jury handed down an ‘unproven’ verdict against car driver Jordan McDowall following a trial in Glasgow High Court. The 21-year-old was acquitted of causing the death of 51-year-old […]]]>

Roz Boynton: A defense of automatism has no place in civil law



Roz boynton

Shockwaves reverberated through the cycling community recently when a jury handed down an ‘unproven’ verdict against car driver Jordan McDowall following a trial in Glasgow High Court.

The 21-year-old was acquitted of causing the death of 51-year-old cyclist Kevin Gilchrist by reckless driving. Mr Gilchrist, husband and father of three, was killed in 2018.

Jordan McDowall pleaded not guilty to causing death by dangerous driving, saying she had no recollection of the incident and that there was a gap in her memory.

Many in the Scottish cycling community have questioned whether the jury’s decision means you can get away with anything just by saying you don’t remember the incident. This was not a case where the driver claimed she was suffering from a new or sudden medical condition that she was not aware of before – she said she just couldn’t remember of what had happened and explained that there was a “space” in his memory.

Colin Allanach, President of Scottish Cycling Grampian and Grampian Cycle Partnership, said: “Is the season open to cyclists now?” and, as a cyclist myself, it’s hard not to agree with him.

While the ruling is controversial, the legal defense behind it may be even more so and has not been widely reported in coverage of the case. In criminal law, to be convicted of most crimes, it must be shown that you have criminal intent – either through malice or recklessness. However, if it can be shown that the accused was not in control of his actions through no fault of his own and has no knowledge of the incident, then a defense of automatism will be invoked and may be sufficient to obtain the acquittal.

Automatism is one of the six Special Crime Defenses in Scotland (along with Self Defense, Necessity, Alibi, Criminalization and Insanity). Automatism is when someone unwittingly loses control of their body through no fault of their own. For example, if a driver with no medical history, suddenly and without warning, suffers an unexpected epileptic seizure while driving and kills or injures another road user, he could use the automatism defense against criminal charges.

While automatism is a defense to criminal charges, what is its place in civil law? Is it fair and just that it can also be used as a full defense in civil cases, thus refusing to compensate those injured or bereaved by a driver who had no control over his actions at the time of the collision?

In civil damages cases, the onus is on the injured party to establish negligence. There can be no negligence if a driver’s action is unintentional. This means that compensation can be denied to injured parties through no fault of their own. Take the same example above, where the driver who suffers from an unexpected epileptic seizure causes a young woman’s life-changing injuries, meaning she will suffer her entire life and never work again. The driver is fully insured and yet, despite a valid insurance policy, the young woman cannot recover compensation for her injuries and losses.

When automatism is invoked in a civil case, it is up to the defender, often an insurer, to establish that his policyholder was not in control of his actions. Careful investigation of these cases can defeat the defense of automatism often by reviewing medical records and a detailed investigation of a driver’s general health in the days leading up to the collision. However, I would say that in a legal system where there is already compulsory insurance for drivers, the defense of automatism should be removed for civil cases, to allow those injured through no fault of their own to obtain compensation for their injuries and tragically, as was the case with Kevin Gilchrist’s family, the loss of loved ones.

Roz Boynton is a partner at Road Traffic Accident Law (Scotland) LLP


Source link

]]>
https://prosecutebushcheney.org/roz-boynton-a-defense-of-automatism-has-no-place-in-civil-law/feed/ 0
Barbarian law goes beyond civil law in Afghanistan https://prosecutebushcheney.org/barbarian-law-goes-beyond-civil-law-in-afghanistan/ https://prosecutebushcheney.org/barbarian-law-goes-beyond-civil-law-in-afghanistan/#respond Sat, 21 Aug 2021 07:00:00 +0000 https://prosecutebushcheney.org/barbarian-law-goes-beyond-civil-law-in-afghanistan/ Indeed, people are bewildered by the “dramatic” developments in Afghanistan during the week. Although the fall of the democratically elected government of Ashraf Ghani was imminent sooner or later after the withdrawal of American troops, the magical speed with which the turn of events occurred in the Pashtun country speaks volumes about the plot. and […]]]>

Indeed, people are bewildered by the “dramatic” developments in Afghanistan during the week. Although the fall of the democratically elected government of Ashraf Ghani was imminent sooner or later after the withdrawal of American troops, the magical speed with which the turn of events occurred in the Pashtun country speaks volumes about the plot. and behind the set of curtains.

That’s right, the self-proclaimed guardian and liberator of the Afghans, the United States had had enough of its two decades of sojourn in this troubled land called Afghanistan. But, what is more surprising is the complete failure of the Doha fabrications between the stakeholders, namely the United States, the elected government and the Taliban. Other stakeholders such as India, Pakistan, China and Russia were also hopefully awaiting political developments. At one point, it was said that the Taliban made sure to adopt peaceful methods of governance if the ruling government agreed to the changing of the guard.

However, hopes for a peaceful transition of power were dashed. What is even worse are the large-scale bloodshed, looting, bombing and the imposition of strict restrictions on the liberty of people, especially women. Amid the soft surrender of over 3.5 lakh by Afghanistan’s well-equipped defense forces to just 45,000 barbarian Taliban, confusion was confused after President Ashraf’s lock, stock and cannon leaked Ghani. Like the American forces who deliberately offered the “farewell gift” of arms, tanks and transport vehicles to the barbarian barefoot Taliban, the then president, who had a duty to defend the Constitution, left the country leaving the unfortunate people lurching.

There is nothing to be gained by saying that US President Joe Biden took this unfortunate step of withdrawing US forces from Afghanistan because what he did is what his predecessor Trump decided in January 2019. Donald Trump officially threw a “crocodile”. ‘tears for US soldiers stationed in Afghanistan, when other neighboring countries like Pakistan, India, China and Russia had done nothing significant to confront the Taliban. This belated realization was supported by the argument of a colossal financial loss of the superpower. Well, 20 years ago no one, including the Afghans themselves, had “invited” foreigners, including the United States, to their country. If the United States chose to invade Afghanistan, it had its own reasons for doing so, of course some valid ones. But to blame other nations for not doing their best in Afghanistan seems like asking too much. The United States must blame itself for creating the monster, called the Taliban, in order to tackle the dreaded Al Qaeda.

The Indian government’s position has been fairly consistent since the 9/11 incident, although its intensity has varied from one elected regime to another. Today, as the United Nations, the Commission on Human Rights and other NGOs championing the cause of freedom, human rights, women’s empowerment, children’s health and safety , the well-being of people with disabilities, etc. certainly a cause for concern.

Obviously, all nations including India, USA, Pakistan, Russia, China, France, Japan, etc. are blamed for their inaction, lack of unity and harmony in solving the problem and focus only on their own individual interests. Although much noise is made time and time again by world leaders and powerful nations, the bum with the Taliban and their terrorist forces behind the curtain has canceled out all the positive effects.

Therefore, even now, it is not too late for the World Committee to realize that terrorism is a global phenomenon and that no peaceful treatment of this issue could generate the desired results, namely peace and peace. harmony in the world. Civil laws are meant to create and support civil society and violence has no place on earth because it is the result of barbaric laws.

SC on article 170 of the CrPC

The Supreme Court bench comprising Justice Sanjay Kishan Koul and Justice Hrishikesh Roy observed that personal freedom was an important aspect of the constitutional mandate. Disagreeing with the view of the court of first instance that unless a person is taken into custody the indictment cannot be registered, the judiciary observed that Article 170 of the CrPC does not require the responsible officer to arrest each accused at the time of the filing of the indictment. The opportunity to arrest an accused during the investigation arises when a detention investigation becomes necessary or in a heinous crime or when there was a possibility that the accused influenced witnesses or that the accused might be involved. flee, the court added.

Stressing the importance of personal freedom, the Supreme Court added: “If the arrest is routine, it can cause untold damage to a person’s reputation and self-esteem. If the investigator has no reason to believe that the accused will run away or disobey the summons… why should the police be forced to arrest the accused? ”

Supreme Council to Young Lawyers

In all cases, a lawyer should be prepared to argue the case in court; although he or she may request the adjournment of the case due to the unavailability of the lead counsel, said Judge DY Chandrachud, while reacting to an oral prayer from a young lawyer for the adjourning of a case on the grounds that the lead lawyer was unable to address the court that day and the said junior lawyer did not go through the case file.

The judiciary composed of Judge Chandrachud and Mr. R. Shah offered this useful advice to all young lawyers in the country. The court said his advice was without malice against any particular lawyer, but it was sort of aged advice to the young legal fraternity.


Source link

]]>
https://prosecutebushcheney.org/barbarian-law-goes-beyond-civil-law-in-afghanistan/feed/ 0
New Access to Justice Class Helps Students Make Changes to Civil Law https://prosecutebushcheney.org/new-access-to-justice-class-helps-students-make-changes-to-civil-law/ https://prosecutebushcheney.org/new-access-to-justice-class-helps-students-make-changes-to-civil-law/#respond Fri, 13 Aug 2021 07:00:00 +0000 https://prosecutebushcheney.org/new-access-to-justice-class-helps-students-make-changes-to-civil-law/ In-person members of Assistant Professor of Government Alyx Mark’s Access to Justice course, with class mascot Smudge the Corgi in the arms of the course’s Community Partner Liaison, Zach Zarnow of the National Center for State Courts. Photo courtesy of Armando Alvarez. Assistant government professor Alyx Mark’s prospective law students arrived at her new service-learning […]]]>

In-person members of Assistant Professor of Government Alyx Mark’s Access to Justice course, with class mascot Smudge the Corgi in the arms of the course’s Community Partner Liaison, Zach Zarnow of the National Center for State Courts. Photo courtesy of Armando Alvarez.

Assistant government professor Alyx Mark’s prospective law students arrived at her new service-learning class with a typical set of assumptions about how American courts work: and people with legal problems tend to solve them.

However, most of an individual’s interactions with the law take place through small civil actions – lawsuits, traffic courts, and evictions, for example. For many people who live in low-income neighborhoods, not only is it difficult to find legal help, but when they access the law, often representing themselves in court, it could make their problem worse. .

Assistant Professor of Government Alyx Mark

Brand Alyx

Thanks to Mark’s new Access to Justice course, offered last spring and scheduled every two years, Wesleyan students had a new perspective and a chance to help implement real change. “Wesleyan has a lot to offer the local community, as well as globally. We have these enterprising, enthusiastic, sharp students who want to do good things in the world. So it’s not difficult to go to a community partner and say, “Do you want a team of researchers to help you solve this problem? ”Said Mark.

After a year of planning, Mark partnered with a civil justice funder, a national civil justice advocacy organization, and a local legal services provider to provide students with hands-on opportunities to address systemic issues. Mark also recruited a subject matter expert, Zach Zarnow of the National Center for State Courts, to provide students with a practitioner’s perspective at their weekly meetings. Mark recently published his thoughts on the project in ABA Journal.

“Community partners explained what they needed, such as a wish list of different types of projects that will help them move their work forward. The good thing about the projects was that they all required a different set of research skills, ”said Mark. “The community partners loved talking to the students.

For example, a group of students helped a granting agency collect data that would allow it to award more targeted grants, helping them better understand their impact.

Another project done for a legal aid provider has helped alleviate “legal deserts” in Connecticut. As is the case with food or books, many disadvantaged neighborhoods do not have access to free legal representation.

Mark’s students worked with Wesleyan geo-mapping experts to create a map of the state that displayed all the places where legal services and information are available, including law firms, courts, centers communities and libraries, in addition to demographic information from the census. “They layered all of these things together to make predictions about where the legal service provider might target resources to people who might not be served well,” said Mark.

Mark’s overall goal is to show his students the real interaction between ordinary citizens and legal officials. How are people who represent themselves in court treated? Are people getting the help they need? Is there a way for people to avoid the courts while still having their legal problem resolved? “How far upstream can we deal with a potential problem so that it never has to enter a courthouse?” Marc asked. The answers are complicated and justice, for many, can be elusive.

Mark has given his students what appears to be a straightforward task: to seek relief from court fees in various jurisdictions across the country. Between outdated websites and confusing language – some places do not refer to a “fee waiver” as such, using obscure terminology for what should be a straightforward proposition – it is difficult for someone faced with financial problems of finding this remedy.

In short, the law works for some people and not for others. As Mark said, courts are places designed by lawyers for lawyers to use. Real legal reform will require people from disciplines other than law to be part of the conversation. “We have to really think critically about how these systems are built,” Mark said.

Mark said the student engagement in the course was inspiring. Through in-depth discussions that challenged the worldviews of all participants and presentations by expert speakers offering their unique perspectives, Mark’s class was motivated to help implement change that can benefit everyone. . “It was a dream. I couldn’t wait to be in the room with them and hear them,” Mark said.


Source link

]]>
https://prosecutebushcheney.org/new-access-to-justice-class-helps-students-make-changes-to-civil-law/feed/ 0
Civil Law Approach to Corporate Fraud – Criminal Law https://prosecutebushcheney.org/civil-law-approach-to-corporate-fraud-criminal-law/ https://prosecutebushcheney.org/civil-law-approach-to-corporate-fraud-criminal-law/#respond Fri, 13 Aug 2021 07:00:00 +0000 https://prosecutebushcheney.org/civil-law-approach-to-corporate-fraud-criminal-law/ Netherlands: Civil law approach to corporate fraud August 13, 2021 L&E ​​Global To print this article, simply register or connect to Mondaq.com. Marcus Draaisma and Lydia Milders have particular expertise in the proper resolution of fraud cases on boards of directors and in the workplace. The civilian approach to corporate fraud has proven to be […]]]>

Netherlands: Civil law approach to corporate fraud

To print this article, simply register or connect to Mondaq.com.

Marcus Draaisma and Lydia Milders have particular expertise in the proper resolution of fraud cases on boards of directors and in the workplace. The civilian approach to corporate fraud has proven to be effective and is gaining popularity over the criminal approach. With the approach of corporate fraud, the seizure of evidence is increasingly used. Find out more in our new brochure on the civil approach to corporate fraud with the capture of evidence as an effective tool.

To view or download this brochure, please click here.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

POPULAR ARTICLES ON: The criminal law of the Netherlands

Anti-corruption sanctions in the UK: the future?

BCL LLP lawyers

Are targeted sanctions a good tool to fight international corruption? The UK seems to think so, having introduced a new set of regulations as part of its post-Brexit sanctions framework.

Private corruption under Luxembourg law

Loyens & Loeff

A bribe can be generally defined as an offer, promise, gift, gift or advantage of any kind given or received, directly or indirectly to induce or influence the action or influence of a person. .


Source link

]]>
https://prosecutebushcheney.org/civil-law-approach-to-corporate-fraud-criminal-law/feed/ 0
“Victims of incest should also prosecute perpetrators using civil law” https://prosecutebushcheney.org/victims-of-incest-should-also-prosecute-perpetrators-using-civil-law/ https://prosecutebushcheney.org/victims-of-incest-should-also-prosecute-perpetrators-using-civil-law/#respond Sun, 18 Jul 2021 07:00:00 +0000 https://prosecutebushcheney.org/victims-of-incest-should-also-prosecute-perpetrators-using-civil-law/ FOR the trauma they had to endure, incest victims should also sue their perpetrators in civil justice. Outgoing Malaysian Bar President Salim Bashir encourages victims to bring civil liability actions (a tort that causes a plaintiff to suffer loss or damage) against its perpetrators. “This will allow them to seek compensatory damages for the emotional […]]]>

FOR the trauma they had to endure, incest victims should also sue their perpetrators in civil justice.

Outgoing Malaysian Bar President Salim Bashir encourages victims to bring civil liability actions (a tort that causes a plaintiff to suffer loss or damage) against its perpetrators.

“This will allow them to seek compensatory damages for the emotional and physical injuries

including the costs of psychological treatment, medical costs and lost wages, ”he said.

While criminal laws can have crucial deterrent effects, they do not adequately compensate victims for the enormous psychological injuries they suffer, adds Salim.

“Child victims of incest often suffer from a myriad of psychological disorders that prevent them from seeking legal redress for past traumatic experiences until they reach adulthood.

“As such, the time limits for bringing civil proceedings should be extended and made exclusive to sexual victims taking into account psychological reactions and the disregard of children’s rights under the law,” he said. he.

Salim, a criminal lawyer, says there are cases where victims or their family members withdraw their complaints against the accused, but that does not mean that the court charges will be withdrawn.

“The prosecution has discretion under the law to decide whether to prosecute the prosecution.

“But the stumbling block that awaits prosecution will be the risk of victims not cooperating in testifying against the accused in court,” he said.

Currently, under article 376B of the Penal Code, those who commit incest are punishable by imprisonment of 10 to 30 years and are liable to flogging.

But Salim believes that a harsher sentence alone cannot deter incest, and the punishment for the crime under the Penal Code is sufficient.

“The offender must be guided to turn a new leaf by instilling

re-education in prison.

“There must be programs after the convict is released from prison, such as follow-up counseling and religious teachings while giving them opportunities to change in our society.

“Prolonged detention and incarceration of society will not help to change and improve a person,” he adds.

For the victim, Salim acknowledges that it can be nerve-racking to testify in court, and even more so for incest victims who have to testify against the abuser.

“Malaysian courts have taken positive steps to alleviate the concerns of child victims by introducing special courts with guided protocols when child victims testify.

“The prosecution can request that the victims be out of sight of the accused or request closed proceedings (private proceedings) to minimize the trauma of the victim during the narration of the crime,” he explains. -he.

Selangor Bar Chairman Kokila Vaani Vadiveloo said many victims may have chosen to withdraw their report due to social stigma, but ultimately it is still up to the prosecution to decide whether they wish to pursue the matter.

“The dynamics of such cases are usually one where the victims are young children who are either threatened or manipulated into silence, while parents may not be trained to recognize the signs of child sexual abuse,” she says.

With incest increasingly recognized as a sensitive issue in Malaysia, Kokila hopes more investigating officers, lawyers and judges will better understand how to deal with incest cases.

“Given the nature of these cases, it is essential that the pool of judicial officers receive the necessary training to be equipped to hear such cases.

“Given the gravity of the crime, the courts have been determined to hand down dissuasive sentences against offenders,” she said, citing the recent case of a man sentenced to 1,050 years and 24 cane strokes for incest by the Klang Sessions Short.

Kokila adds that the court can also issue community service orders, advice, compensation orders, police surveillance and allow perpetrators to be subject to obligations of good behavior.

“Fear of discrimination prevented victims from seeking help.

“Adult victims of incest may not relate the issues they are currently experiencing to their history of violence, making self-disclosure unlikely.

“Efforts to promote disclosure must be favorable and appropriate to the age of the victim and the context in which the society in which they live,” she insists.


Source link

]]>
https://prosecutebushcheney.org/victims-of-incest-should-also-prosecute-perpetrators-using-civil-law/feed/ 0
Civil Law Court adjusts hearing in Bilities child custody case https://prosecutebushcheney.org/civil-law-court-adjusts-hearing-in-bilities-child-custody-case/ https://prosecutebushcheney.org/civil-law-court-adjusts-hearing-in-bilities-child-custody-case/#respond Fri, 09 Jul 2021 07:00:00 +0000 https://prosecutebushcheney.org/civil-law-court-adjusts-hearing-in-bilities-child-custody-case/ By Winston Parley The Monrovia Civil Law Court made an adjustment on the day it hears Mr Sidike Musa Bility’s claim for permanent custody of his two minor children from his divorced wife Warti Nancy Robinson – Bility after the court found that Nancy had not filed her statement (response) to Sidike’s information invoice. Mr […]]]>

By Winston Parley

The Monrovia Civil Law Court made an adjustment on the day it hears Mr Sidike Musa Bility’s claim for permanent custody of his two minor children from his divorced wife Warti Nancy Robinson – Bility after the court found that Nancy had not filed her statement (response) to Sidike’s information invoice.

Mr Bility’s lawyers have asked the court to grant him full and permanent custody of his two minor children given that their mother Nancy does not have a favorable relationship with emotional, psychological, mental, physical, stability and health. child welfare and Safety.

Her lawyers claimed that after the parties were granted the divorce, Nancy celebrated on Facebook with her friends and even scrolled her pregnant belly on Facebook around the world, adding that it was only fitting that the court grants Bility permanent custody of the children.

However, the court indicated, during the appeal of the case for the hearing of the intelligence letter on Thursday, July 8, 2021, that it had found that Nancy’s counsel had not filed their return. on the information invoice.

As a result, the court postponed the hearing from Thursday to Monday, July 12, 2021 at 9 a.m., as it said the case was about the interests and welfare of innocent children.

He added that he was interested in going into the details of the case so that his judgment or opinion could be based on informed information, revealing that the Respondent had just filed her statement and that she was not. still in the possession of the court.

Bility complained that the shared custody arrangement between him and Nancy was not working in the best interests of the children.

He said that from the start of the shared custody arrangement until he filed the information bill, Nancy constantly took the children to school very late or at times failed to take them to. school every Monday, claiming that this behavior continued into the month of March.

He said that as a result of the divorce action he had previously filed against Nancy, he filed for temporary custody with the court and was granted on January 20 of this year to take temporary custody. custody of the children, pending the final decision of the main divorce action.

But Bility said Nancy handed over the children on February 15, 2021 when she was delighted, despite court orders to hand them over immediately.


Source link

]]>
https://prosecutebushcheney.org/civil-law-court-adjusts-hearing-in-bilities-child-custody-case/feed/ 0
Austria: Civil Law Aspects of Selling a Token – A Random Selection https://prosecutebushcheney.org/austria-civil-law-aspects-of-selling-a-token-a-random-selection/ https://prosecutebushcheney.org/austria-civil-law-aspects-of-selling-a-token-a-random-selection/#respond Wed, 02 Jun 2021 07:00:00 +0000 https://prosecutebushcheney.org/austria-civil-law-aspects-of-selling-a-token-a-random-selection/ If you follow our NFT Self-Experience, you already know what an NFT is and what it stands for. If not, you might want to know more. The following article deals with a first random choice in civil law, contractual aspects to be precise, which the authors say are worth considering before buying (or selling) your […]]]>

If you follow our NFT Self-Experience, you already know what an NFT is and what it stands for. If not, you might want to know more. The following article deals with a first random choice in civil law, contractual aspects to be precise, which the authors say are worth considering before buying (or selling) your first NFT. However, given the novelty of the underlying technology, there is room for dissenting opinions.

1. Random subject 1: Which law applies?

If a potential NFT collector delves deep into the world of NFTs, they will hardly ever stick to their home territory. NFTs are generally traded on online platforms. Buyers and sellers are often from different countries. Payment may even be required in cryptocurrency rather than in a state currency. Thus, the agreement that is about to be concluded when purchasing a TVN is “international”. In a preliminary step, the applicable law should be assessed.

General rules

Private international law deals with the question of which national legal system is to be applied to an international dispute. The purpose of conflict of law rules is clear: in disputes with a “foreign connection”, a judge is not allowed to choose discretionary principles to decide that issue but must apply the laws of a specific legal system. To add to the complexity, a distinction must be made between the laws of obligations (Schundrecht) and property law (Sächenrecht) aspects of the case.

In Austria, this question is mainly answered either by the EU “Rome I” regulation or by the Austrian law on private international law (“IPRG”). In terms of the laws of obligations (Schundrecht), the application of these rules (most likely) leads to the law of the country where the seller resides (for purchase contracts) or the service provider (for service contracts).

In real estate law (Sächenrecht), the general catch-all1 of the IPRG applies. According to her, the “closest relation to the case” decides the question of which law is applicable. In practice, this assessment is naturally quite difficult, especially given the decentralized design of the blockchain.

The good news is that sometimes there is an easy way out, because instead of these complex rules, the parties are also free to agree on the applicability of a specific law. Such a choice of law clause is frequently included in the general conditions (GTC). However, this freedom to choose the law finds its limits in the field of consumer protection.2 If a consumer concludes the contract, any national provision of his country of residence favoring the consumer prevails over any “chosen” provision provided that the entrepreneur (i) carries out his professional or commercial activity in the state where the consumer has his residence usual; or (ii) directs such activity in any way to that State or to more than one State, including that State, and the contract falls within the scope of that activity.

In summary, a choice of law seems useful when it comes to NFT transfers. Before any transaction, it should be carefully checked whether and which T & Cs are concluded and what these T & Cs say about applicable law.

2. Random topic 2: Speaking of consumer protection…

2.1. … What agreement is reached?

In addition to the above, the specific provisions of the Austrian Distance Selling Act (Fern- und Auswärtsgeschäfte-Gesetz) could apply. The Distance Selling Act (and the underlying European Directive, Directive 2011/83 / EU) regulates certain aspects of distance, off-premises and on-site agreements between consumers and merchants. Distance selling seems obvious. In accordance with the legal opinion in force, the Distance Selling Act covers purchase contracts (Kaufverträge), exchange agreements (Tauschverträge) and service contracts (Dienstleistungsverträge). Thus, if a merchant sells an NFT to a consumer, the Distance Selling Act will apply whether the payment is made in cryptocurrency (which would indicate the conclusion of an exchange agreement) or in fiat currency ( which would indicate the conclusion of a purchase contract). One could even argue that the agreement reached is a service agreement, since the NFT is not really transferred but only the attribution of ownership is changed by adding a new bulk transaction to the blockchain. A service contract within the meaning of the Distance Selling Act is defined as “any contract other than a purchase contract under which the trader provides or undertakes to provide a service to the consumer and the consumer pays or undertakes to pay the price thereofThe questionable NFT vendor undertakes to provide the service to “trigger” the change of ownership in the blockchain. The consumer pays the price.

2.2. … How to manage the rights of withdrawal?

The law on distance selling aims to ensure the transparency of information, in particular pre-contractual information, which will be provided to consumers. When selling NFT, the seller is advised to recheck these transparency obligations. The Distance Selling Act also guarantees consumers’ right of withdrawal. This topic requires special attention, because once an NFT is sold, the attribution of the NFT to the buyer is recorded in the blockchain. Since the blockchain is designed to be irreversible, opt-out rights can pose some problems (although there are workaround options).

In general, under distance selling law, a consumer usually has the right to withdraw from a distance or off-premises contract without giving a reason within (at least) 14 days. However, the right of withdrawal has certain limits. With regard to an NFT purchase, two exceptions could potentially be invoked:

  • there is no right of withdrawal under the Distance Selling Act with regard to “the supply of goods or services whose price depends on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period“; and
  • there is also no right of withdrawal under the Distance Selling Act with regard to “the supply of digital content which is not supplied on a tangible medium if the performance has started with the express prior consent of the consumer and his recognition that he thus loses his right of withdrawal“.

Let us look at the first exception: the consumer has no right of withdrawal in distance contracts for goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the period of withdrawal. At first glance, this exception seems appropriate, as NFTs are traded and there is some market fluctuation beyond the control of the trader.

However, it is worth taking a closer look at the term “goods“before jumping to a conclusion: goods are not defined in distance selling law, but in the underlying EU directive as”any tangible personal property […]“with the exception of goods sold under execution or other legal measures. Water, gas and electricity are also considered as goods within the meaning of the directive if they are offered for sale in a volume limited or in a certain quantity.

Since a TVN is not a piece of furniture tangible thing, but rather a intangible thing, one could try to argue to exclude the consumer’s right of withdrawal by analogy to invest in gold, precious metals or energy. Alternatively, the aforementioned qualification of the agreement as a service agreement could be reconsidered. Regarding the agreement of the “volatile” NFT as a service contract would exclude the right of withdrawal of the consumer. This conclusion could be supported by teleological considerations. The aim and purpose of the specific provision of the Distance Selling Law (Article 18 [2] [2] Distance Selling Law, art. 16 [b] Directive 2011/83 / EU) aims to prevent the right of withdrawal from being misused as an instrument of speculation in the market.

The Distance Selling Act contains a second exception which could apply: according to Article 18 (1) (11), the consumer does not have the right to withdraw from distance contracts for “the supply of digital content which is not supplied on a tangible medium if the performance has started with the express prior consent of the consumer and his recognition that he thus loses his right of withdrawal.“Compared to exception n ° (i), this provision has considerable drawbacks for the seller, since it does not exclude the possibility of withdrawal ex ante, but only from the start of contract performance / delivery. In addition, the right of withdrawal is only excluded if the trader fulfills certain strict conditions: (i) express prior consent of the consumer; (ii) the consumer’s knowledge of the loss of the right of withdrawal; (iii) the trader has started the delivery before the expiry of the withdrawal period; and (iv) providing a copy or confirmation of the concluded agreement (in accordance with Article 7 (3) of the Distance Selling Law). Simply put, relying on this exception carries the risk that consumers may be able to assert their right of withdrawal provided the trader does not meet one of these requirements.

3. Conclusion

As these examples have shown, transactions must be analyzed in their “new” technological but “classic” legal contexts. This process of analysis is the lawyer’s playground.


Source link

]]>
https://prosecutebushcheney.org/austria-civil-law-aspects-of-selling-a-token-a-random-selection/feed/ 0
The rights of claim confine to the rights of civil law https://prosecutebushcheney.org/the-rights-of-claim-confine-to-the-rights-of-civil-law/ https://prosecutebushcheney.org/the-rights-of-claim-confine-to-the-rights-of-civil-law/#respond Sun, 23 May 2021 07:00:00 +0000 https://prosecutebushcheney.org/the-rights-of-claim-confine-to-the-rights-of-civil-law/ Although the accusation of so-called rights is a crime, it is not far from the rights that derive from civil law. This was held in Il-Pulizija -v- Paul Agius, Joseph Agius and Emanuel Agius, decided on May 19, 2021 by the magistrate Dr Donatella Frendo Dimech presiding over the Magistrates’ Court in his criminal jurisdiction. […]]]>

Although the accusation of so-called rights is a crime, it is not far from the rights that derive from civil law. This was held in Il-Pulizija -v- Paul Agius, Joseph Agius and Emanuel Agius, decided on May 19, 2021 by the magistrate Dr Donatella Frendo Dimech presiding over the Magistrates’ Court in his criminal jurisdiction.

The three brothers were charged with alleged rights which took place on June 6, 2020 and the following days. The Court immediately turned to the elements of the alleged rights set out in article 85 of the Criminal Code. In the judgment of the Court of Criminal Appeal rendered on November 30, 2016, the Court ruled that the Court should in these cases examine whether a state of affairs has been unilaterally altered and whether the victim of this offense has been deprived of it. use of possession. This offense is not intended to have the Court inquire into the title of the parties to property, whether it is movable or immovable property. It is intended not to take the law in hand and in order to have a status quo. It is like the civil action of spoliation.

The Court referred to another Il-Pulizija -v- Eileen Said judgment rendered on 19 June 2002 by the Court of Criminal Appeal. Here the court ruled that the alleged infringement of law is in fact a gray area between civil law and criminal law. Sir Andrew Jameson, in his report on the drafting of the Maltese Penal Code, said: “… it is doubtful that acts of this kind are not better left to the exercise of ordinary civil remedies by prohibition or claim for damages … ”.

The elements of this offense are when a person is deprived of the use of something and when the accused has acted because he has the right to act in that way. The accused must know that he should have taken a legal route. There must be an act which deprives possession of the object of the crime.

In the present case, the injured party claims that the Agius brothers arranged the soil so that the stream does not lead to their well and that they closed an opening between two fields. The court, appointed architect, did not find that the location of the ground disturbed the levels of the fields, as alleged by the injured party. When the levels were raised, the stream was still accessible for the water to lead to the well. The injured party failed to prove that there had been a significant change in level which would not allow the water to flow.

On this complaint, the Court declared the accused not guilty.

As for the opening in the wall, the Court referred to one of the accused’s testimony that the injured party used a particular opening, which was opened around 2010, until 2020, because the wall supporting the opening needed maintenance and because it was no longer necessary to transfer agricultural products from one field to another.

Despite this, the court ruled that the indictment mentioned that the alleged crime had been committed on June 6, 2020 and a few days after. The complainant argued that the opening was closed in September 2020, which is not days after, but 3 months after.

The court also found the accused not guilty.


Source link

]]>
https://prosecutebushcheney.org/the-rights-of-claim-confine-to-the-rights-of-civil-law/feed/ 0