Post by account_disabled on Jan 2, 2024 0:56:21 GMT -5
Apara. and . Even if only educational measures can be taken against the minor who is criminally responsible it cannot be ignored that art. of the Criminal Code provides for two categories of such measures respectively noncustodial educational measures and custodial educational measures. In the case of the latter art. of the Criminal Code expressly establishes the applicability of the provisions of art. of the same normative act. However art. of the Criminal Code precisely provides for the calculation of the duration of preventive measures depriving of liberty from the duration of the applied criminal sanction so that there is no different legal regime from this perspective in relation to the age of the defendants.
According to art. para. from Law no. the notification of the two Country Email List Chambers of the Parliament the Government and the Peoples Advocate in order to express their views on the exception of unconstitutionality. . The government considers that the exception of unconstitutionality is unfounded. In this sense it shows that detention and preventive arrest are preventive measures and not punishments. Thus if the punishments have a punitive nature and materialize the criminal responsibility intervening only after it has been definitively established by the sentencing.
Decision the measures preventive measures are available to the judicial bodies to ensure the proper conduct of the criminal process to prevent the suspect or defendant from evading the criminal investigation or from the trial respectively to prevent him from committing other crimes. Even if like prison sentences or life imprisonment they have a custodial character detention and preventive arrest are not confused with them since they do not have a punitive nature and do not presuppose a definitive decision of conviction. Therefore not being in the presence of a custodial sentence or sanction within the meaning of art. para. and of the Constitution.
According to art. para. from Law no. the notification of the two Country Email List Chambers of the Parliament the Government and the Peoples Advocate in order to express their views on the exception of unconstitutionality. . The government considers that the exception of unconstitutionality is unfounded. In this sense it shows that detention and preventive arrest are preventive measures and not punishments. Thus if the punishments have a punitive nature and materialize the criminal responsibility intervening only after it has been definitively established by the sentencing.
Decision the measures preventive measures are available to the judicial bodies to ensure the proper conduct of the criminal process to prevent the suspect or defendant from evading the criminal investigation or from the trial respectively to prevent him from committing other crimes. Even if like prison sentences or life imprisonment they have a custodial character detention and preventive arrest are not confused with them since they do not have a punitive nature and do not presuppose a definitive decision of conviction. Therefore not being in the presence of a custodial sentence or sanction within the meaning of art. para. and of the Constitution.
Can't wait!
