Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

This document outlines key distinctions and provisions related to sexual offenses within the Venezuelan Penal Code, focusing on specific articles and their implications.

Differences Between Rape and Lewd Acts

In the context of the Penal Code, rape involves violence to compel another person to engage in sexual acts. In contrast, lewd acts refer solely to the incitement to sexual activity.

A key element in rape is the violation involving the penis or an object simulating it.

For all these crimes, legal medical expertise is a mandatory requirement.

Crimes are considered aggravated when committed by multiple individuals.

Article 377: Aggravated Offenses

When any of the acts described in the preceding articles have been committed with the simultaneous... Continue reading "Venezuelan Penal Code: Sexual Offenses and Penalties" »

Tax Exemption Explained

Article 22 of the LGT defines tax exemptions as instances where, despite an activity being taxable, the law exempts it from the primary tax liability. This occurs when a rule stipulates that a tax provision doesn't apply to specific factual circumstances that would typically trigger tax liability, or when it prevents the legal consequences arising from the tax rule for subjects within the exemption's scope.

Key Features of Tax Exemptions

• Exceptional Nature: Tax exemptions are purely exceptional.
• Dual Standards: They involve two standards: one subjecting certain assumptions and people to tax, and another exempting some of the same circumstances.
• Timing: The exemption is made after the taxable event occurs.
• No Tax Liability:

Rule of Law: Requirements and Features

According to Article 16 of the Declaration of the Rights of Man and of the Citizen (DDHC): "A society in which the guarantee of rights is not assured, nor the separation of powers determined, has no constitution."

On this historical basis, we can analyze the requirements of the rule of law. Professor Elias Diaz, in his famous book, "Democratic Society and Rule of Law," outlines four of these requirements:

1. Rule of Law

The rule of law replaces the rule of men with the government of laws. This is a consequence of the desire to "depersonalize" the exercise of political power. As a government of laws, it follows that all public authorities, not only citizens, are subject to the law. It is not just any kind of... Continue reading "Understanding the Rule of Law: Principles and Requirements" »

Article 72: Third Degree Treatment

Paragraph 5 Requirements

The classification or progression to the third degree of treatment requires, in addition to the requirements prescribed by the Penal Code, that the offender has paid the liability arising from the crime. This considers the offender's observed behavior in order to return the abducted, repair material and moral damage, and compensate for personal and financial losses of the victim.

It also evaluates the offender's real, present, and future capacity to meet the appropriate liability, the safeguards that will ensure future satisfaction, the estimated enrichment obtained by the offender from the commission of the crime, and, where appropriate, damage or interference caused to public services,... Continue reading "Penal Code Article 72: Third Degree Treatment" »

Classes of Obligations Based on Subject

Sometimes, there is a plurality of subjects in an obligation. The bonds may be single-person or multi-member. Typically, they are single-minded. Within multi-person obligations, we distinguish between conjunctive and disjunctive. Conjunctive obligations are further divided into joint and several obligations.

The Obligation Dilemma

Establishing a supposed alternative by some individuals, Article 1137 states that obligations will only be considered several where it is established by the parties or stipulated legally. So, we understand that solidarity with obligations only exists when the parties have agreed to it or when it is legally mandated.

Several Obligations

A several obligation is a situation in which... Continue reading "Understanding Joint and Several Obligations: Legal Framework" »

Witnesses and Witness Statements

Witness statements are crucial in criminal investigations and trials. They serve as essential evidence, especially when a defendant's confession is inadmissible. A witness provides an oral declaration of knowledge about relevant facts. While common, witness evidence has relative reliability, and conclusions may be questioned.

Witness Role and Obligations

A witness is a third party summoned by the court to provide a statement about past events relevant to the criminal process. The witness's role is acquired through a subpoena, following legal formalities. Witnesses are unaware of the rights heard in the process and cannot be the accused parties.

Witness Duties and Exemptions

Witnesses have a duty to appear and testify... Continue reading "Witness Testimony in Criminal Proceedings: Reliability & Procedures" »

The Unborn Person

Although Venezuelan law welcomes the theory of vitality, it also considers the person to be born (nasciturus, literally: "to be born"), both when conceived (conceptus) and when yet to be conceived (concepturus, literally: "that is to be conceived").

Status of the Conceived Under Venezuelan Civil Law

In Venezuelan law, "The fetus is deemed to be born when it comes to its benefit, and to be reputed as a person, provided that it is born alive" (Civil Code, art. 17). In this regard:

1. A) "Fetus," within the meaning of the Civil Code, must be understood as any conceived human being, not yet born, regardless of the time elapsed since conception. Thus, the term "fetus" should not be understood in the medical sense, where the unborn child

Constitutional Rights: Classification and Protection

Classification Guarantees for Rights

The constituent power, when establishing the catalog of rights and freedoms, also establishes a classification based on their guarantees. In other words, the constitutionally established levels of protection for them. Clearly, some rights are more important than others, and it seems logical that they are subject to greater protection.

Rights with Strengthened Safeguards

These are rights to which the constitution intended to provide a kind of special armor. They usually coincide with those that common sense finds most important: the rights of personality and civil rights in general, with some exceptions. For example, the right to marriage or property are not... Continue reading "Understanding Constitutional Rights: Classification and Protection" »

Domicile is the legal seat of a person, emerging as a key concept in civil law. It allows for locating the subject, ensuring stability and security in legal relations. Without it, legal relations would be highly unstable and unsafe.

The domicile also helps locate the subject and may have relevance for other aspects, such as determining the territorial jurisdiction of a court or tribunal. Professor Albaladejo stresses that, despite its importance, domicile does not create any legal relationship between the person and the dwelling place, nor does it imply any civil status for the resident.

The primary role of domicile is to constitute the juridical seat of the subject, making it the place to exercise their rights and meet their obligations.

Types

Securities Market Act and the National Securities Market

The Securities Market Law regulates primary and secondary markets of securities. It lays down the principles of its organization and operation, the rules governing the activities of those involved in them, and the monitoring regime.

The issuance of securities should be reported to the National Commission for Securities Market, which is the body designated by the Securities Market Law for that matter.

The National Securities Market

The LMV requires the existence of a public law entity with legal personality and capacity to exercise the functions assigned to it by law and the Ministry of Finance in monitoring and inspection of the securities markets and a few people involved in them.

The CNMV... Continue reading "Securities Market Act: Regulation and Investment" »