SUMMARY:
|
Guidelines to take into account to make the complaint in a case of commercial sexual exploitation. 
With the new law on trafficking, human trafficking is a crime, and is a federal offense. Who are competent to investigate are the courts and prosecutors
In Entre Ríos two federal courts:
1) In the city of Paraná. 2)
C. In the city of Uruguay. can make a complaint to the local courts, that this is declared incompetent, and referred the complaint to federal court within its jurisdiction. This was declared incompetent reason of the matter and forward the record of the case to federal court.
Therefore, despite deficiencies recently enacted law, it is suggested to make the complaint: Submit your complaint to ATTORNEY a) If a city or town, that prosecutors do not have peace in court, it must meet immediately raise the trial court to him for his jurisdiction and inform the complainant that landfall court complaint.
b) can also make a report to the Coroner, but then must take action to Prosecutor to investigate (this mechanism will change when you start applying the new code of procedure in Entre Ríos). c) can make a complaint to the police, but not the best way to ensure speed and confidence in the complaint . The police should immediately raise the complaint to the judge. should seek legal advice in order to become complainant, after making the complaint. IMPORTANT: In cases of trafficking the figure of the complainant is very important because it can participate by providing evidence and research. is recommended DO COMPLAINT IN SOLITARY . Please note that we are in presence of a crime committed by organized crime therefore suggested the following strategies: A) Engage NGO or group of people committed to the issue of locality or region to make the complaint whole.
B) Seek legal advice.
C) Carry a written complaint, This allows you to compose in a tense to ask Justice to investigate the possible commission of a crime of trafficking. Can also be made orally at the time the complaint is made, but take it in writing also allows not forget details, which can be significant. D) If, then provide data and evidence to investigate the commission of the crime of trafficking, not advancing the cause Last time considered reasonable to request public presentation of research conducted to justice to press. Clarification : The law is not yet promulgated by the national executive and is not in effect. Guidelines to take into account to make the complaint in a Child Sexual Abuse
Given the nature of this crime, whose victims are children and adolescents preferably that occurs in private, without the presence of any witness, threats and manipulation of the will, and runs for a long time, months, years, which points to note: Given knowledge, suspicion, detection or story by the victim of sexual abuse, BEFORE THE COMPLAINT TAKE the following documents:
a) ;
protect the victim and away from the abuser a. safe haven Search
b. Put it responsible family care
c. Agree security strategy, whether it should continue for a while at the same place that the abuser. d. Generate confidence level so that the victim can tell what happens. b) Contain relatives, they also begin to realize what happens. c) Preserve for clues provide evidence for the claim. d) Seek legal advice to avoid mistakes in the complaint and drop tests or evidence collected. e) Search specialized psychological support in the field, so that the victim can sustain the complaint. IMPORTANT: WHO CAN MAKE THE COMPLAINT ? can only make a complaint of sexual abuse of a person under 18 years: a) Parents (Mom or Dad) b) Pupillary Ministry (Defender / a child)
Any other person having knowledge of a case of child sexual abuse is a relative, neighbor, friend of the family, teacher, worker health, etc., The which is "TO INFORM" to begin the process of complaint to · Judge Family and Children · Juvenile Defender · civil and commercial court (in case there is no judge or defense under juvenile)
· Magistrate (in case there is no juvenile court or juvenile defender) IMPORTANT: "TO WHOM DOES THE COMPLAINT? taken steps suggested the complaint is made to: 1) Attorney 2)
magistrate 3) Station, which should immediately raise the complaint with the justice
4) Magistrate, bringing immediately to judge its jurisdiction IMPORTANT: STATEMENT OF THE VICTIM always, to protect the rights of the victim, when this makes his statement must be present: 1) Fiscal judge or 2)
Juvenile Defender (Do not take a return if not present) 3) Parent or family in which the victim relies.
4) Professional containing and assists the victim psychologically 5) attorney 1 and 2 YOUR PRESENCE IS REQUIRED = 3, 4 AND 5 ARE ENTITLED TO ACCOMPANY THE VICTIM . IMPORTANT: Having a lawyer to appear as a plaintiff, because it can participate by providing evidence and research.
Note: In Entre Ríos = Argentina, is about to take effect the new criminal procedure code, which is law, that the investigation will be undertaken by the prosecution and will work to judges warranty. These guidelines, provide the judge who continues in force, pending the above changes occur.
OUTLINE OF OPERATION BETWEEN THE RIVERS JUSTICE IN THE CRIMINAL JURISDICTION FOR THE CHILD SEXUAL ABUSE
COURT OF JUSTICE
MINISTERIO FISCAL MINISTERIO DE LA DEFENSA
JUZGADO PROCURADOR
C. In the city of Uruguay.
C)
protect the victim and away from the abuser
magistrate
Juvenile Defender (Do not take a return if not present)
MINISTERIO FISCAL
JUZGADO
| | | |
| | | FISCALIA |
| | | |
| | 
Subscribe to:
Post Comments (Atom)
|
0 comments:
Post a Comment