Crimes committed by lawyers, employers and litigants in mexico

Summary

This document consists of helping the subjects to understand about the crimes committed by the lawyers, employers and litigants, it will help to understand what the subjective type consists of, the material object, who is the active subject, who is the passive subject, the good legal guardianship and typical conduct and equally to avoid supervised crime.

introduction

In this document, we will address the issue of crimes committed by lawyers, employers and litigants, and may acquire extensive knowledge on the matter. Our intention is to provide a little information about what the subjective type consists of, the material object, who is the active subject, who is the passive subject, the protected legal good and typical behavior.

First, we will focus on defining in the antecedents, then we will approach the development explaining the articles and at the end a brief conclusion on the subject.

II. Background

In this essay, we will address the issue of crimes by trial lawyers, an important topic in the practice of the legal profession. From the beginning we will make the main definitions of the topic, to continue with some reflections on it.

In the same way, it will be commented on what the subjective type consists of, the material object, who is the active subject, who is the passive subject and the protected legal good:

We can define the subjective aspect of the type "… indicates it is a willful crime, while the agent must know and want to carry out the objective type"

The material object of this crime "… is the process in which typical behavior is acted upon."

The active subject must be "… lawyers, employers and litigants".

As for the taxable person, it is the “… community, the colitigant, the counterparty or the person who is affected by the illegal procedural conduct of the active subject in the process or procedure in question”.

The protected legal asset is the “… correct administration of justice, the legal relief of the administrative process or procedure, justice”.

Typical behavior is "… behavior that matches the type."

III. Development

1. Typical behavior

The crimes of lawyers, employers and litigants are provided for in articles 231, 232 and 233 of the Federal Penal Code of 2013.

Firstly, article 231 of said Code will be analyzed, the same as the letter says:

Article 231- Two to six years in prison, a fine of one hundred to three hundred days and suspension and disqualification for up to a term equal to the penalty indicated above for exercising the profession, lawyers, employers, or litigants will be imposed. that are not ostensibly sponsored by lawyers, when they commit some of the following crimes:

I.- Knowingly alleging false facts, or non-existent or repealed laws; and

II.- Request terms to prove what is notoriously cannot be proven or must not be used; promote articles or incidents that motivate the suspension of the trial or manifestly inappropriate resources or in any other way procure delays that are notoriously illegal.

III.- Knowingly and based on false or worthless documents or false witnesses, take action or oppose exceptions against another, before the judicial or administrative authorities; and

IV.- Simulate a legal act or a judicial act or writing, or alter elements of evidence and present them in court, in order to obtain a sentence, resolution or administrative act contrary to law. (Chamber of Deputies, 2013, p. 68)

The first two fractions will be discussed.

Specify what the typical behaviors consist of and the result, thus, with respect to the fraction -:

Typical conduct consists of knowingly alleging false facts, or non-existent or repealed laws.

To allege means to affirm, present arguments of a certain action, assert as certain situations that do not agree with the truth, that is to say that they are false, or also expose or pretend to base a situation on laws that do not exist in any legal system or that have already been repealed. As in the case the lawyers, employers or litigants are established as a competent subject, this implies that they have knowledge of the law, at least of the national law, for which it will not be able or would not justify manifesting ignorance of the laws.

The subjective element "knowingly" refers to a prior knowledge of the agent about the falsity of the facts or the nonexistence or repeal of the laws, for which reason, the crime is only intentional, that is to say that in criminal law the individual has the intention to commit the typical action prohibited by law.

Regarding the fraction -:

Asking for terms suggests here, first, to request deadlines for the realization of something that clearly cannot be proven or exploited, and second, to request measures for which a term of relief is established that also does not demonstrate anything in a notorious way nor does it take advantage of the part promote you.

Promoting articles or circumstances that suspend the process or improper appeals or some other late matter of the process, means the illegitimate procedural acts in order to delay the procedural impulse unduly requesting the judge, making a request to the judge simply by acting before the competent body for the carrying out any of the procedural situations indicated in this section.

The normative element ¨articles or incidents that motivate the suspension of the trial¨, refer to the procedures that have the effects of being of prior and special promotion, or that suspend the process, as their characteristics and that oblige the judge resolve them before continuing with the process, since, if they are appropriate, they would not have the purpose of continuing with the main process.

The result is consumed:

At the moment of affirming, requesting or promoting the aforementioned procedural situations, without the need for any other result, such as a material material result in itself of causing the suspension of the process.

As for the fraction:

Typical conduct consists of executing action or contradicting exceptions in judicial process or before the administrative authorities.

The subjective element is that such conduct must be done knowingly, that is, with the knowledge of the agent that he is relying on false or worthless documents, or false witnesses, which indicates that, by criminal policy, the The state tries to protect the value of justice and the correct process.

In relation to fraction V:

Typical conduct consists of simulating a legal act, a judicial act or writing, or altering evidence; that of simulating means that there is an appearance of something that is not, that is, to appear as true, the legal article being false, the judicial writing and to alter, this implies changing the essence or form of the elements that constitute some evidence, and those present at the trial, in addition, there must be the subjective element of pursuing thereby obtaining a final sentence, resolution or administrative act contrary to law.

Next, article 232 of the Federal Penal Code is commented, said precept establishes:

Article 232- In addition to the aforementioned penalties, they can be imposed from three months to three years in prison.

I.- For sponsoring or assisting various contenders or parties with opposing interests, in the same business or in related businesses, or when the sponsorship of one is accepted and that of the opposite party is later admitted;

II.- For abandoning the defense of a client or business without just cause and causing damage, and

III.- To the defender of an inmate, whether private or ex officio, who only confines himself to accepting the position and requesting the parole mentioned in section I of article 20 of the Constitution, without promoting further evidence or directing him in his defense. (Chamber of Deputies, 2013, p. 69)

This article establishes three different types in its three fractions, which are discussed in their order:

Typical behaviors consist of sponsoring or assisting various adversaries or parties under the conditions indicated in the type.

Accepting is admitting, legally and procedurally, the defense or representation of a plaintiff, defendant or pretender in any judicial or even administrative process, for which it is inferred that this conduct would not occur if the author has not considered, wanted or expressed his acceptance Formal sponsorship, sponsoring, or helping means litigating representing at trial or before any authority.

The normative element ¨with opposite interest¨, clarifies the found claims of the parties to the litigation, although, apparently, the essence of this type is only that of a formal crime, given that it is exhausted by the simple fact of accepting, sponsoring or help in the conditions indicated by this fraction in analysis, it must also be considered that the pre-indicated normative element, indicates the necessary existence of interests opposed to the counterpart, which leads to a confrontation of competing interests among themselves and, therefore, to a Possible material result consists in the infringement of the right of one of the sponsored parties at the same time, a logical conclusion which is considered to be that of the confrontation of two claims that are resisted or unsatisfied and contrary to each other,if positive results are obtained for the benefit of any of these, it will naturally arise for that reason that the other loses or is caused some damage and, therefore, also to the party or holders or holders of the expired claim.

The subjective aspect of the type indicates, the commission of this criminal offense is intentional, since it presupposes in the agent the knowledge of the duplication of its representation to parties with opposing interests.

The typical action is to abandon the defense of a customer or business without just cause and causing harm.

To abandon here is to stop promoting, ceasing to act or litigating what corresponds in law in a judicial or administrative proceeding as defender, attorney, lawyer or legal representative, in favor of the client who would have contracted his professional services or with whom he would have committed to take the case to you or to intervene as your lawyer in some of the indicated ways.

The normative element "abandon the defense" implies that the defense attorney withdraws from the corresponding process or procedure, for which reason, the nature of the abandoned matter should not be considered only criminal, since when citing this element in quotation, the in turn, a “business” regulatory element, this implies that it may be civil, commercial, labor, fiscal, administrative or of any other nature, on the condition that leaving the professional assistance of a lawyer to the client is: without just cause and causing harm. Both conditions must coexist simultaneously, since the crime would not be consummated if there were only abandonment of defense without just cause but no harm was caused to the client with it.

The typical conduct consists of not promoting evidence or directing the defense of a criminally accused in the conditions indicated in this type.

Result: It is consumed at the time of sponsoring, helping, abandoning or not promoting, the aforementioned procedural situations, without the need for any other result to occur, such as a material result implying causing damage of this nature.

Finally, article 233 of the aforementioned Code will be analyzed, which literally says:

Article 233.- Public defenders who, without foundation, do not promote the evidence leading in defense of the inmates who designate them, will be removed from their employment. For this effect, the judges will notify the Chief of Defenders of the respective offenses.

The precept establishes an administrative and not a penal sanction, which therefore should not be material of this code. (Chamber of Deputies, 2013, p. 69).

IV. Conclusions

The lawyer requires observing a behavior in the exercise of his function, in front of the people to whom he will render his services. The lawyer in the exercise of his profession at all times must act with respect and honor his work, must not use irregular means, such as advising his clients to use false instruments, to bribe a witness or to do other things similar to part of the cited articles.

We want to conclude by pointing out that the crimes committed by lawyers, employers and litigants can be avoided by becoming aware of the negative impact that this attitude can have, not only with respect to their own work and person, but to the entire environment and to the profession itself. Obviously your reputation as a professional and that you do your job properly while meeting your obligations.