| is very easy to talk the right to control test with the parties to instruction when this will be unplayable in the future. We tore their clothes to the right of defense, and argue about the extent of the adversarial system where you have to enter the witness is not counsel, but the one that bothers both in criminal proceedings: the damn querellante.Sin But It is not so easy when you try to apply to offenses that are often emotionally movilizantes. What happens when it is necessary to repeat a House Gessell? Are there judges in the nation to those who do not shake hands and call the child to repeat and relive their experience because there were errors in the procedure? On May 9 this year, the Appeals Chamber II (Mitchell, Angela Ledesma and Fégoli) was forced to revise a sentence of 12 that resolved TOC condemn an \u200b\u200bX by the following crimes: aggravated sexual abuse for having sexual intercourse was committed to the detriment of a 13, repeated four times during the years 2002 and 2003, when the youngest is studying in grade 5, one of its ten to twelve years of age, three of them in the room that the defendant was renting with his girlfriend at the home of the daminificada, in such material to the crime of sexual abuse committed to the detriment of less than thirteen years repeated twice, in material competition with the crime of sexual abuse perpetrated against a child under thirteen, repeated twice, through touching in the private parts and hints of sexual bias in the house where they lived with their parents, and in the kitchen of the same, in 2004 while attending the 3rd grade, between eight and nine years old. In this case, the defendant and defense had no opportunity to participate in interviews with girls, because they were not notified of the accomplishment of them. So, the test was built by reading in the oral discussion .- The control of the defense on this test, can be remedied by the statement that it received the declaration girl? - Repeating the House Gessel, involves a re-victimization the respondent, or causes less distress to know that the conduct of the offender go unpunished by mere formal errors of the judicial institution? - Gessell The Chamber is constitutional? "The sentence we discussed: is zero, to be forwarded, or is valid ? They believe |
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Wednesday, September 17, 2008
Scarica Film Shannon Whirry
CAMERA Gessell and test control.
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