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2x1 Law
The 2x1 law ( es, Ley del 2x1) was an Argentine law. It was sanctioned in 1994, and established that prisoners detained without a definitive sentence would be benefited from the second year onwards, so that their days as detained would count as the double. The original purpose of the law was to guarantee a swift sentence. Many lawyers exploited the law by using pettifoggery to delay sentences, so that the prisoners would be benefited by it. The law was derogated in 2001. The law started a controversy in 2017. Luis Muiña was convicted of crimes committed during the 1970s Dirty War, when he was part of a group that kidnapped, tortured, and murdered victims in a torture camp that operated within a hospital. Muiña asked to have his sentence reduced because of this law. The Supreme Court of Argentina approved it: the law made no exception for the dirty war crimes, and although the law was no longer in force, case law required to apply the most benign law. This was controversial becau ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Argentine Law
The Legal system of Argentina is a Civil law legal system. The pillar of the Civil system is the Constitution of Argentina (1853). The Argentine Constitution of 1853 was an attempt to unite the unstable and young country of the United Provinces of the Río de la Plata under a single law, creating as well the different organisms needed to run a country. This constitution was finally approved after failed attempts in 1813 (see Assembly of 1813), 1819 and 1831 (Pacto Federal). Structure of the Law in Argentina ;Constitution of Argentina :# Bill of Rights :# Form of Government :# Delegation of Powers to the National :# Precedence of Laws - International Treaties :# Provincial Constitutions ;Civil Code of Argentina The first Civil Code was written by Argentine jurist Dalmacio Vélez Sársfield, and came into effect on January 1, 1871 and remained law until 1 August 2015, when it was replaced by a new Civil and Commercial Code - ''Código Civil y Comercial de la Nación''. The 18 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sentence (law)
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed. If a sentence is reduced to a less harsh punishment, then the sentence is said to have been mi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trivial Objections
Trivial objections (also referred to as hair-splitting, nothing but objections, barrage of objections and banal objections) is an informal logical fallacy where irrelevant and sometimes frivolous objections are made to divert the attention away from the topic that is being discussed. This type of argument is called a "quibble" or "quillet". Trivial objections are a special case of red herring. The fallacy often appears when an argument is difficult to oppose. The person making a trivial objection may appear ready to accept the argument in question, but at the same time they will oppose it in many different ways. These objections can appear in the form of lists, hypotheticals, and even accusations. Such objections themselves may be valid, but they fail to confront the main argument under consideration. Instead, the objection opposes a small, irrelevant part of the main argument. The fallacy is committed because of this diversion; it is fallacious to oppose a point on the basis of m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Derogation
Derogation, in civil law and common law, is the partial suppression of a law. In contrast, annulment is the total abolition of a law by explicit repeal, and obrogation is the partial or total modification or repeal of a law by the imposition of a later and contrary one. It is sometimes used, loosely, to mean abrogation, as in the legal maxim ''lex posterior derogat priori'' ("a subsequent law derogates the previous one"). The term is also used in Catholic canon law,Manual of Canon Law, pg. 69 and in this context differs from dispensation in that it applies to the law, whereas dispensation applies to specific people affected by the law. Statutory interpretation Under the derogation cannon of statutory interpretation "statutes in derogation of the common law" should be narrowly construed. Terrorism A UK law permitting warrantless arrest and detention on suspicion of terrorist involvement was found to violate protected rights, according to the ECHR decision in '' Brogan v. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dirty War
The Dirty War ( es, Guerra sucia) is the name used by the military junta or civic-military dictatorship of Argentina ( es, dictadura cívico-militar de Argentina, links=no) for the period of state terrorism in Argentina from 1974 to 1983 as a part of Operation Condor, during which military and security forces and right-wing death squads in the form of the Argentine Anticommunist Alliance (AAA, or Triple A) hunted down any political dissidents and anyone believed to be associated with socialism, left-wing Peronism, or the Montoneros movement.''Political Violence and Trauma in Argentina, '' Antonius C. G. M. Robben, p. 145, University of Pennsylvania Press, 2007Marguerite Guzmán Bouvard, ''Revolutionizing Motherhood: The Mothers of the Plaza De Mayo,'' p. 22, Rowman & Littlefield, 1994 It is estimated that between 9,000 and 30,000 people were killed or disappeared, many of whom were impossible to formally document due to the nature of state terrorism. The primary target, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Argentina
The Supreme Court of Argentina ( es, link=no, Corte Suprema de Argentina), officially known as the Supreme Court of Justice of the Argentine Nation ( es, link=no, Corte Suprema de Justicia de la Nación Argentina, CSJN), is the highest court of law of the Argentine Republic. It was inaugurated on 15 January 1863. However, during much of the 20th century, the Court and the Argentine judicial system in general, lacked autonomy from the executive power. The Court was reformed in 2003 by the decree 222/03. The Supreme Court functions as a last resort tribunal. Its rulings cannot be appealed. It also decides on cases dealing with the interpretation of the constitution (for example, it can overturn a law passed by Congress if deems it unconstitutional). The members of the Supreme Court are appointed by the President with the agreement of at least two thirds of the present Senate members in a session convened for that purpose, and can only be removed by an impeachment process called ''j ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Argentina
The Legal system of Argentina is a Civil law legal system. The pillar of the Civil system is the Constitution of Argentina (1853). The Argentine Constitution of 1853 was an attempt to unite the unstable and young country of the United Provinces of the Río de la Plata under a single law, creating as well the different organisms needed to run a country. This constitution was finally approved after failed attempts in 1813 (see Assembly of 1813), 1819 and 1831 (Pacto Federal). Structure of the Law in Argentina ;Constitution of Argentina :# Bill of Rights :# Form of Government :# Delegation of Powers to the National :# Precedence of Laws - International Treaties :# Provincial Constitutions ;Civil Code of Argentina The first Civil Code was written by Argentine jurist Dalmacio Vélez Sársfield, and came into effect on January 1, 1871 and remained law until 1 August 2015, when it was replaced by a new Civil and Commercial Code - ''Código Civil y Comercial de la Nación''. The 18 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal History Of Argentina
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
