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

Promotion of Prostitution: Article 381: Anyone who repeatedly or for profit, or to satisfy the passions of another, induces, facilitates, or encourages the prostitution or corruption of any person shall be punished with imprisonment from one to six years. If this offense is committed against a lesser person, the penalty shall be applied between the average and maximum.

Public Indecent Assault: Article 382: Every individual who outrages modesty through writings, drawings, or other obscene objects, in any form that may have been made, distributed, exposed to public view, or offered for sale shall be punished with imprisonment from three to six months. If the offense is committed with a profit motive, the prison term is six months to a year.... Continue reading "Understanding Legal Consequences of Prostitution and Abduction" »

In administrative law, competence refers to the specific authority an administrative body possesses over a particular subject. It is a subjective attribute of the body, meaning that when it holds public interests and powers, it shall have jurisdiction.

Commonly, the term competence is often objectified, equating the notion of competence with interest. For example, one might say that international relations are the responsibility of the Ministry of Foreign Affairs. In a strictly technical sense, however, one would say that international relations are the interests of the Ministry.

Juan Alfonso Santamaría Pastor illustrates the false distinction between the objective and the more accurate subjective side, stating that "there is no competence,

The Origin of Political Power and Legitimacy

Civil society is the organization between the family and the State, which, through a legal framework, establishes rights, freedoms, and obligations for its members concerning the production and exchange within all types of human relationships to satisfy their needs.

The legal system, based on the Universal Declaration of Human Rights (UDHR) and the Constitution, inspires Organic Laws (LO) that are further developed by ordinary laws (lo). Their effective implementation is achieved through Royal Decrees (RD), Ministerial Orders (MO), and Regulations.

The legal system addresses the need for the exercise of state powers to make peaceful coexistence, progress, and social order possible. Thus, power is a... Continue reading "The Foundations of Political Power and State Legitimacy" »

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" »

Understanding International Customary Law

International custom, as defined by Article 38(1)(b) of the Statute of the International Court of Justice (ICJ), refers to a general practice accepted as law. It represents the ways in which the international community expresses itself, formed by a set of rules revealed not only through the repetition of acts accompanied by a feeling of obligation, but also because these acts are performed in the belief that certain obligations are being met or rights are being exercised.

Essential Elements of Customary Law

The two fundamental elements of international custom are:

• Objective Element (State Practice): This refers to the constant and uniform practice of states. It signifies the consistent use of a particular

Complementary Expertise in Legal Proceedings

In cases where the court determines a defendant's obligation but not the exact amount or value, complementary expertise becomes crucial. The court may quantify the evidence precisely after evaluating the experts' performance, undertaking actions that the judge might otherwise be unable to perform independently.

This principle is underscored in the final part of Article 159 LOPT, concerning the publication of a sentence. It states that the judge may, if necessary, order additional expertise on the subject, to be conducted by a single expert appointed by the Court.

Understanding Ultrapetita in Court Judgments

A judge commits the vice of ultrapetita if, in their sentence, they decide issues extraneous to... Continue reading "Legal Concepts: Expertise, Ultrapetita, and Judicial Indexing" »

Burden of Proof and Presumption of Innocence

In criminal proceedings, the accused is not obliged to prove their innocence. Instead, the accuser must obtain sufficient evidence to secure a conviction, a principle reflected in Article 24 of the Spanish Constitution (EC). This principle of the presumption of innocence prevents anyone from being convicted without proof of guilt. Consequently, the burden of proof lies with the prosecution, which is required to prove the facts leading to the conviction. An acquittal is granted in cases where the presumption of innocence is not overcome.

The right to the presumption of innocence can be nullified by sufficient evidentiary activity. The presumption is considered overcome when there is adequate evidence... Continue reading "Criminal Law: Presumption of Innocence & Trial Procedures" »

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