Provisional freedom: with or without bail

Provisional freedom cases with or without bond the light of Criminal and Criminal Procedural Law.

Provisional freedom cases with or without bond the light of Criminal and Criminal Procedural Law.

 

When it comes to institutes of provisional liberty and bail, there are many questions about its practical application. This is because the Code of Criminal Procedure is not expressed with respect to its application, that is, it does not say which crimes admit bail and / or provisional liberty, but which they do not admit. Therefore, the institutes’ interpretation must be made “a contrario sensu” and, in light of the absence of the requirements of art. 311 and 312 of the CPP, which allow for the preventive detention of the accused, which makes their understanding more difficult.

Provisional release with or without bail is an institute of criminal procedural law which grants freedom under certain circumstances to the defendant who is about to be arrested or has been arrested, in flagrante delicto, or as a result of a sentence of pronouncement, or sentence but has not yet become final. On the other hand, it is incompatible with preventive prisons (provisional or preventive) by nature. In order to grant provisional release, however, it is necessary to analyze the legal requirements of articles 311 and 312 of the CPP, “a contrario sensu”, that is, absent any of those requirements necessary for the maintenance of the custody prison, should be granted freedom provisional, with or without bail, depending on the type of crime. This is called “a contrario sensu” interpretation.

Well, at first any crime admits provisional release without bail. This is because the Constitutional Principle of Innocence must prevail, which says that no one is guilty until condemned by a final criminal conviction, so the rule is freedom and must always be respected. In addition, provisional release without bail can only be granted by the judicial authority, provided that based on the cases of art. 310 of the CPP (cases of exclusion of unlawfulness – art.23 CP) and its unique § that refers to the requirements of art.311 and 312 of the CPP. Thus, the judge may grant provisional liberty, to any criminal, regardless of the crime committed, provided that the decision is based on the law. After all, in theory, there is no insusceptible crime of provisional release without bail, which exist are personal circumstances of the accused, which will be analyzed in each concrete case by the judge, and that may make it unsusceptible of provisional freedom.

Provisional release on bail is different. This is because there are non-enforceable crimes, by express legal determination, and unspeakable crimes. Thus, depending on the crime, provisional release can be granted on bail, even by the police authority. For non-bailable crimes, bail can not be granted, not even by the judge, that is, if there is a need to release the defendant, the judicial authority must do so without, however, arbitrating any bail. Ista is the rule.

But what are the cases of provisional release on bail? At first, all crimes that are detained with imprisonment, irrespective of the size of the sentence, or simple imprisonment, admit bail. Also, they admit bail all crimes whose minimum sentence is confinement, provided that it is less than 2 years. A contrario sensu, all offenses punishable by imprisonment, whose minimum sentence is equal to or greater than 2 years, do not admit bail, although they are susceptible of provisional freedom without bail. The heinous crimes, drug trafficking, torture and racism, do not admit bail. Tax crimes and crimes against the financial system, even if punished with detention, also do not admit bail. Thus, crimes that do not admit bail are the most serious crimes and, despite their seriousness, provisional release without bail may be granted by the judicial authority, in cases where the law so permits. And the law here must be considered as a whole, that is, the Criminal Law in harmony with the Criminal Procedure Law and the Federal Constitution.

But what, after all, is bail? Guarantee is a substitute for certain procedural prisons (flagrant, as a result of pronouncement and as a result of conviction), represented by a security in cash or precious goods, paid by the defendant to the State, to temporarily replace his custody, in the cases provided by law. It also seeks to ensure, in the event of conviction, the payment of the costs of the proceedings, possible fines and, if possible, compensation to the victim or his / her family for ex delicate damages. It is, in short, a civilized way of replacing the precautionary prison with that which has not yet been definitively condemned for a particular good of value (money or precious goods), until the sentence has been passed.

And when the provisional release is granted, what are the legal conditions imposed on the defendant so that he can get rid loose? The defendant must comply with some judicial decisions, therefore, the name of the institute, because freedom is provisional, that is, under certain circumstances (regular attendance to justice, prohibition of travel without judicial authorization, prohibition of attending certain places, etc.)…), his freedom is granted although in part reduced in certain respects. That is, to maintain it, even if provisionally, it is necessary to accept and comply with the legal conditions imposed by the judge. If it were not so, it would not be provisional freedom, it would be absolute.

Lastly, it is not possible to speak of provisional freedom in the event of a provisional (preventive) injunction ordering the natural incompatibility of the institutes. Therefore, in case of unlawful arrest, it will only be a relaxation of the arrest by the judge (or ex officio), or even the granting of Habeas Corpus, depending on the specific case.

The process of issuing corporate bonds – Investments

Corporate bonds are an increasingly popular financial instrument. They offer investors attractive returns with a relatively low level of risk. On the other hand, more and more companies are choosing to issue their own bonds. What are these instruments and where do they come from on the market?

Why companies emit corporate bonds

Why companies emit corporate bonds

The issue of corporate bonds is one of many ways to raise capital for companies. They can thus gain money for development without giving control over the company to anyone, as is the case with shares. The bonds also give the possibility to control the debt (the bank may terminate the loan agreement and demand an early repayment or demand additional collateral, the bond buyer does not have such rights, unless the company breaks the fixed emissions of the contractual bonds), and provide flexibility and scalability of raising capital.

In turn, for investors, bonds are a good and quite sure way to multiply savings. You can earn from regular interest payments or by trading in bonds on the Catalyst market.

Bond issue process

Bond issue process

Only limited-liability companies, joint-stock companies and limited joint-stock partnerships are authorized to issue bonds. If a company does not have such a legal form, it must first be transformed accordingly.

The issue may be in private or public form. In the first case, bonds are offered to specific investors, which can not be more than 149. Public issue is associated with the introduction of bonds to the Catalyst market.

The company wishing to issue must establish the terms of the issue, adopt a resolution on the issue of bonds and send out purchase proposals to investors interested in the purchase of bonds. It will also be necessary to conclude a contract with an issue agent who will act as an intermediary when introducing bonds to the market.

If, however, the company is interested in introducing bonds on Catalyst (which is expected by investors), it will be necessary to conclude a contract with a market maker that will ensure the liquidity of trading. It will also be necessary to register bonds in the National Depository of Securities and meet other formalities related to entering the Catalyst market.

The role of brokerage houses in raising capital for companies

The role of brokerage houses in raising capital for companies

In the case of a bond issue, it is a good idea to rely on the intermediation of a specialist such as a brokerage house. A very important task in the issuing process is to reach and attract individual and institutional investors, what brokerage houses do.

The service of the whole process is comprehensive, starting from the preparation of the prospectus and the information memorandum, through searching for interested investors, to registration of securities at KDPW and placing them on the market.

The bond in the rental contracts

The bond in the rental agreements or lease contract refers to the amount in cash that the tenant gives to the landlord and that serves as a guarantee that it will comply with the contract signed by both parties.

Index

  • What is a bond?
  • Frequent doubts about the bond in the lease agreements

What is a bond?

bond

In legal terms, the bond constitutes a guarantee for the person who rents from the fulfillment of the obligations of the landlord , not only of the payment of the rent and of other expenses in addition to the return of the house in the same conditions in which it was delivered.

 

The deposit is mandatory and must be included in the rental agreement. The lessor may request the amount of one or two installments of the rent as a deposit.

That is, the bond that the tenant delivers to the landlord guarantees the following:

    • The payment of the monthly payment in the event that the tenant does not comply with the payment within the stipulated date.
  • When the tenant leaves the house, the deposit can be used to settle debts, such as domestic bills, that is, those of water, electricity and gas.

In case there are damages in the home that were not at the time the property was delivered to the tenant and that it was caused by the tenant, the deposit may be used to repair them.

Frequent doubts about the bond in the lease agreements

bond,lease

Below you will find an answer to some of the most frequent doubts that arise with regard to the bond in the rental agreements:

  • The law establishes that during the first five years of rental of the property or premises, the deposit is not subject to updating. But if the rent is extended beyond those 5 years, the owner or lessor has the right to increase it.
  • If the cause of the damage that may have occurred in a home is the time, wear or other inevitable cause, the bond can not be used to repair the damage.
  • When leaving the house it is necessary to sign a settlement of the contract and the delivery of keys in which must be recorded damage or deterioration suffered or outstanding debts (such as supplies). Once signed this document, if the deposit is not returned, the tenant can claim.
  • Did it help you?
  • If not

Advance and Compliance Deposit Bond, Why should I hire it?

As we have already mentioned, bonds are guarantee instruments whose purpose is to ensure the fulfillment of an obligation. They can be hired by physical or moral persons, through an intermediary.

There are different types of bonds, in Mexico they are divided into 5 large branches. Within Branch III, are the Administrative, whose function is to ensure that the obligations arising from a contract, purchase order, order or lease are met. Within this Branch, the Advance Bond and the Compliance Bond are included.

Why is it important to hire a Compliance Bond?

Why is it important to hire a Compliance Bond?

Having a contract in place, it is important that there is a guarantee that guarantees compliance with the obligations established therein. In this way, you can be sure that the company that provides a service will carry out the work according to the agreement. If this does not happen, the contracting party may validate the Compliance Bond, which will function as a kind of compensation for the damages resulting from the breach.

In addition, with a Compliance Bond, the delivery in time and form of goods and services contracted through a contract or order can be guaranteed, ensuring that these will be delivered with the characteristics and amounts previously established.

Why is the advance deposit important?

Why is the advance deposit important?

Hiring an advance deposit, helps ensure the proper use and correct application of the money given in advance to the person who provides a service, providing the certainty that in case of not making good use of it, it will be returned 100% the amount provided in the advance, in case the works have been partially completed, the corresponding amount will be returned.

This type of bond is normally issued for 10% of the total value of the contract whose fulfillment is sought to guarantee. Once the interested party presents the necessary documentation for a bond contract, the process is very simple and fast.

Advance and Compliance Deposit

Are you signing a construction contract, purchase order or order with a company? It guarantees the good use of the advance and the fulfillment of the contract with a Bond!

Drivers to jail. These are the 6 traffic crimes punishable by imprisonment

Since March 2, after its publication in the Official Gazette, the list of traffic crimes that can lead a driver to jail has been increased. And is that not only punish the most serious negligence, but also some of the less serious if as a result of the accident that has occurred severe injuries, but not invalidating any user of the road.

By land and air, the deployment of means with which the DGT monitors us

New criminal types are also introduced, such as the omission of the duty of relief, or hardships and penalties in the most extreme cases in which there are many fatalities. Thus, it is more than foreseeable that the nearly one million crimes against trafficking and 600,000 convictions counted from December 2017 until the entry into force of the new reform, will increase considerably in the coming months.

To date, according to the latest report “Crimes and road crime” published by the Línea Directa Foundation, there are 1,200 drivers in prison serving sentences for crimes against road safety.

 

What traffic crimes are punishable by jail

jail

  • Independent crime of omission of the duty of relief. Penalties will range between 3-6 months in prison if the accident
    It is fortuitous and 2-4 years if it is the result of recklessness.
  • Serious imprudence and hardening of sentences as a consequence . Below you can review how the most serious indiscretions such as driving under the influence of alcohol or drugs or speeding are typified. However, what has changed now is the harshness of the consequences if, in that situation, an accident is caused:
    The penalty of imprisonment of 4 years, goes to 6, if in the loss two people die or there is a dead person and a serious wounded.
    However, when there are multiple deaths in the accident – something to be decided by a judge – the new maximum prison sentence for a traffic offense is set at 9 years in prison. To these the 4 years could be added by omission of the duty of aid in case this happened, reaching 13 years of prison in such an extreme case.
  • Speeding. Exceeding the speed allowed in 60 km / h on urban roads and 80 km / h on interurban roads.
    Penalties of between three and six months in jail .
    In addition to a fine of three to six months (payment of a daily fee that is usually established based on the purchasing power of the driver, works to help the community for a period between 30 and 90 days and the withdrawal of driving license of one to four years.
  • Consumption of alcohol and drugs at the wheel . Driving with an alcohol rate higher than the allowed one can be infraction or crime. If the figure in expired air exceeds 0.60 mg / l or if driving under the influence of drugs and narcotics, the penalty is three months’ imprisonment .
    In addition, a fine of six to 12 months is paid, community assistance works for 31/90 days and withdrawal of the permit between one and four years
  • Reckless driving . It is understood by such driving with manifest temerity. Here are different considerations:
    • Driving at speeds or with alcohol rates higher than those considered a crime. In these cases, the prison sentence ranges from six months to two years, plus the withdrawal of a driver’s license between one and six years.
    • Driving with manifest contempt the life of others raises the minimum penalty of imprisonment to two years and the maximum penalty to five years. In addition, in these cases the vehicle is requisitioned and the driver faces a fine of between 12 and 24 months and the withdrawal of the driving license for up to 10 years. It would be, for example, the case of the kamikaze driver who caused a serious accident on the A-8.
    • Driving recklessly but without endangering the lives of others leads to prison terms of one to two years, a fine of six to 12 months and withdrawal of the permit from six to 10 years. The vehicle with which the infraction has been committed is requisitioned.
  • Refusing to pass a control . If the Civil Guard stops you and you refuse to take the alcohol or drug test, you will be committing a crime punishable by six months to one year in prison.
  • Create risk for circulation . This crime is much more difficult to define but if the traffic agents consider that your behavior poses a risk to the traffic they can accuse you of a traffic offense that can take you to prison between three and six months. Perhaps you will be free of this, but not of paying a fine for one or two years and of carrying out community support work for a period between 10 and 40 days.
  • Driving without a license . Losing all points of the permit or driving after a judge has prohibited you from doing so is a crime (here is a handy to know how many points you have left). It is also to get behind the wheel of a car if you have never taken the permit or if yours has lost its validity. The penalty is imprisonment between six months and two years, the payment of a fine of up to two years and community support work between 31 and 90 days.

What has to happen for a driver to go to jail

jail

17% of Spanish drivers admit to having committed a crime against road safety. The affirmation sounds strong , but is that driving having taken a couple of drinks or exceeding 200 km / h on a highway are crimes.

What they do not know is that these actions can lead them to spend a season in the shade .

Today, those related to trafficking account for 35% of crimes committed in Spain (above crimes of injury or theft). The proportion of trials that end in conviction has increased significantly in recent years, from 66% of trials in 2008 to 85% in 2015.

Now, this does not mean that all convicted drivers end up in jail.

jail

The Penal Code establishes the possibility that the judge allows drivers who have been sentenced to less than two years of imprisonment not to be imprisoned as long as they do not have a criminal record .

Eye, that this does not mean that all the condemned to less than two years without antecedents are freed of its passage by prison, the decision remains in the hands of the judge. And although it is true that it is an extended practice, it does not always apply.

Mario Arnaldo, president of the association Automoviles Europeos Asociados (AEA) explains to us the great change that came in 2017. “With the new Penal Code, anyone who commits a reckless homicide as a consequence of a crime of trafficking has a prison sentence.”

Reckless homicide is punishable by imprisonment for between one and four years . This means that the judge can choose in that section the sentence imposed on the author of the facts. However, in 2007, it was decided that when the death was the consequence of a traffic offense (something that happens in 14% of road fatalities), the judge would have to impose a penalty higher than the upper half of the sentence, this is, 2.6 months.

“In this way it is possible that nobody who, for example, causes a hit with the result of death is left without going through jail,” explains Arnaldo.

The most common crime is to drive under the influence of alcohol or drugs

crime,alcohol or drugs

Of the approximately 650,000 convictions handed down between December 2007 and April 2017, 60% were for alcohol and drug use. Behind are crimes by driving without driving license (27%), causing a serious risk to the circulation (7%) and refusing to do a drug or alcohol test (3.5%).

However, of the 1,200 inmates currently serving sentences in prison, 39% were convicted of driving without a permit and 22% were convicted of reckless homicide .

The Farruquito case, a before and after

Farruquito case

On September 29, 2003, a BMW skipped a red light at high speed (it was running at 90 km / h in a zone limited to 40 km / h). As a result of his imprudence, the driver ran over a young man of 35 years. I kill him.

The case occupied many headlines because the driver who committed the crime against the traffic was Farruquito, a well-known flamenco dancer .

Three and a half years later, Farruquito was sentenced to three years in prison , two for reckless homicide and one more for failure to provide assistance.

Of the 36 months of sentence, he only spent 14 in prison. His case opened the debate and was the driving force behind the reform of the Criminal Code, which was approved a few months later. Many say that the bailaor was the victim of an exemplary sentence , but the truth is that since the legislative reform was approved almost 3,000 people have lost their lives on the asphalt because of the criminal behavior of other drivers.

X-ray of the condutor-delinquent

The last report of the Línea Directa Foundation shows that although young drivers aged between 18 and 24 years old recognize that they have committed more crimes at the wheel, most of the sentences correspond to men between 41 and 50 years old.

The report also shows that although 1.2 million drivers admit having exceeded 200 km / h on a motorway, only 0.6% of convictions are for speeding (this would call into question the effectiveness of the radars of the DGT, do not you think?).

By autonomous communities, the Balearic Islands, Murcia and Galicia , are the regions with the highest number of drivers sentenced to prison for crimes against traffic. On the opposite side are Cantabria, Extremadura and Aragon , with rates much lower than the Spanish average.

By type of crime, Catalonia turns out to be the Community with the highest proportion of convictions for speeding and for refusing to carry out alcohol or drug detection tests. For its part, the Balearic Islands leads the ranking in driving offenses under the influence of alcohol and drugs and Murcia, driving without a license.

 

What to take into account when hiring a Surety Insurance Bond?

The Surety Insurance

The Surety Insurance

The Surety Insurance is a guarantee contract whose purpose is to ensure that the obligations established in a contract are fulfilled, or failing that, to cover the losses resulting from the breach thereof. The Surety, unlike a bond, does not require a solidarity required for recruitment and should always be issued by an insurance company.

The Surety, being as such a contract does not depend on another contract for its existence, as with the bonds.

In case there is a breach of contract, the claim is issued and payment will be made after 30 days, provided that the documents provided in the certificate are presented. On the other hand, it is important to keep in mind that the insurer can NOT request additional documents.

It is expected that the insurance Cash plays a very important role in the economy of our country since the new Law on Institutions and Insurance, is based on the European model of Solvency II, whose main characteristic is that companies Insurances have enough reserves to face any risk ensuring their compliance with customers, ensuring a reduction in losses for consumers.

By means of a Surety Insurance, people will have the guarantee that in the event that a contract is breached, the Insurance Company will cover the resulting losses, so the Surety Bond will be an excellent alternative for the people who seek to ensure said contract and do not have a solidary obligation, as they would have to do when contracting a bond.

Do you want to know more about the Surety Insurance? Call us, our professional insurance advisors will gladly provide you with more information.