Preview

Delitos Contra La Fe Pública - Comparacion Entre El Derecho Espanol Y El Derecho Rumano

Good Essays
Open Document
Open Document
5764 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Delitos Contra La Fe Pública - Comparacion Entre El Derecho Espanol Y El Derecho Rumano
INTRODUCCIÓN

El codigo penal de cada pais debe de contener una seccion sobre los delitos contra la fe publica. Tanto Espana como Rumania no hacen ninguna excepción. En el Codigo Penal Español, esta rubrica es nombrada “De las falsedades” y en el Codigo Penal Rumano, “Crímenes y delitos contra la fe publica”.

El bien jurídico tutelado es la fe pública. La Fe es un valor abstracto que significa confianza, creencia fundada en las seguridades o la consideración que algo o alguien inspira. Pero en la fe pública, es la confianza o creencia que cualquier miembro del grupo social tiene en lo que se entrega o muestra, por la certeza que de ello da el Estado. Se considera innegable la necesidad de tutelar la confianza colectiva en determinados actos, documentos, signos o símbolos indispensables para el normal desenvolvimiento de la vida civil. Asi como redacto el legislador desde antiguo, nada dice respecto del bien jurídico protegido: este ha de descubrirse en los diferentes delitos y es al analizar cada uno de ellos cuando se aprecia que la protección que dispensan guarda siempre relacion con el trafico jurídico.

En el Titulo XVIII del Codigo Penal Español con agrupadas varios delitos que, por encima de sus diferencias evidentes, responden a la idea de simulación, pues en todos ellos se castiga a quien, de un modo u otro, presenta como real, como autentico, como legitimo, como ajustado a la verdad algo que carece de tales rasgos. Estos delitos son: “Falsificación de moneda”, “Falsificación de efectos timbrados”, “Falsedades documentales en general”, “Falsedad por imprudencia”, “Falsificación de documentos publicos, oficiales o mercantiles cometida por particular”, “Utilización de documento falso”, “Falsificación y uso de despacho telegrafico”, “Falsificación de documentos privados”, “Utilización de documento privado falso”, “Usurpación de Estado civil”, “Usurpación de funciones publicas”.

Ademas te estos delitos, el Codigo Penal Rumano, en su Capitulo III

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Alejandro de la Fuente is writing an argument on slavery with different point of view, narrating a debate based on the Law in Latin America. The different prespectives are from Tannenbaum who is well known as a big influence during slavery, Christopher Schmidt-Nowara and Maria Elena Diaz. The author started with a confession about what he thinks of the work that this people have done and explaining their position and point of view. Slave opportunites such as slave codes, immigration and education, were part of this debate. To fiish the main claim of his article, the author gave an example of how slaves who claim their priorities gain a little of victory making an impact in the administration of justice, in this case, the local justice. Even…

    • 217 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Rochin Case Summary

    • 548 Words
    • 3 Pages

    Furthermore, the decision represents the due process model because the model is concerned with equality in that all accused regardless of their social status need to be treated equally and that aspect that was not followed by the police officers in this case. This decision fits the due process because, there was use of coerced confession which are constitutionally obnoxious and inadmissible under the Due Process Clause. The case involves coerced confession which offends the sense of decency and fair play. Additionally, the due process imposes that the police should not detain or arrest an individual in order to develop their case. In this case, the court also noted that, due process rights may not be fit for every case, but the behavior of the police that “shocks the conscience” is never…

    • 548 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Culture is defined as the behavior patterns, arts, beliefs, and other types of human works. Cultural heritage is a key factor in the social, economic, and health promotion of people. Different cultures have different beliefs and values. They have different perceptions on health and illness. By assessing a patient’s cultural heritage, healthcare providers can provide more meaningful care to their patients. By using the heritage assessment tool, healthcare providers can evaluate a patient’s heritage and become more in touch with their physical, mental, and spiritual beliefs. Healthcare providers need to understand their own cultural practices in order to relate to their patients. A person’s cultural background, religion, and /or beliefs, greatly…

    • 985 Words
    • 4 Pages
    Good Essays
  • Best Essays

    Digámoslo con claridad: las generaciones venideras nos pedirán cuentas, sin duda, de nuestra actual conducta cívica, pero no tomarán a ésta en consideración si,…

    • 2916 Words
    • 12 Pages
    Best Essays
  • Good Essays

    After reading, Governing Immigration Through Crime and The Devil’s Highway: A True Story, I have developed a better understanding of the relationship between immigration and crime. Personally, many of my sentiments towards immigration has been quite underdeveloped and lacking sustenance to support my claims. In regards, to the criminal aspect connected to immigration, my opinion was more based on feelings alone and not facts. However, I still stand by some of my views and beliefs even after reading both texts about immigration and crime. I gained new information on this topic based on the fundamental concepts and theories that were presented to me in Governing Immigration Through Crime. Moreover, this paper will analyze three concepts discussed Governing Immigration Through Crime while using material from The Devil’s Highway: A True Story to support the perspectives presented by each theme. Lastly, I will conclude this paper with how Urrea writing was able to contribute to the debate on immigration and crime within the public.…

    • 572 Words
    • 3 Pages
    Good Essays
  • Better Essays

    One of the major functions of the judiciary in a modern, liberal democracy is to protect the rights and freedoms of the citizens against the state or other organisations. It is the aim of this essay to expose the effective points which include: The 2009 Foundation of the Supreme Court; Human Rights Act; and Judicial rule over the government. On the other side of why it is not effective I plan to counter my previous points as well exposing different examples and explain how Parliament is sovereign.…

    • 1212 Words
    • 5 Pages
    Better Essays
  • Good Essays

    The topic discussed in this article is the criminal justice system of Latin America. It attempts to reveal how Latin American societies still demonstrate authoritarianism and exclusion (both economic and political) even though recent reforms encourage the ideals of democracy and free markets (Iturralde,309). It also describes the people who are affected most by this, which is the underprivileged classes. Latin America has increasing crime rate, but no criminal justice systems to control the matter, which ends up leading to correctional punishment (Iturralde,330). The ones usually receiving the correctional punishment are the most vulnerable and marginalized. The journal article also goes into detail about neoliberal reforms and how they have…

    • 587 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Analyze Paper

    • 1025 Words
    • 5 Pages

    The United States has policies that help to protect human rights within the country. The rights of American citizens are protected within the Thirteenth and Fourteenth Amendment of the United States Constitution. To understand the rights of the people the Fourteenth Amendment and other policy must researched to determine how effective they are implementing. policy analysis reflects around the assessment of policies from the government by critiquing the failures and successes. The United States implement several policies to deal with criminal activity and social issues, for instance The United States Human Trafficking Policy and the Trafficking Victims Protection Act policies are not a 100% successful but these policies are steadily improving with sustainable reform. The criminal justice system established with the promise form the United States Constitution for individual’s civil liberties and rights. Analyzing the policies will evaluate the issues that courts and law enforcement deal with while working and implementing prior polices. The effectiveness of these policies will also be determined to see if they worked.…

    • 1025 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Positive School

    • 1683 Words
    • 7 Pages

    This provision also shows that this act was done out of rational choice by weighing out the consequences and benefits before committing to an action. Fair procedure is used to defend the rights of the offender; however, the main purpose is identify the guiltiness of the delinquent. Fair procedure in this law is shown when the state balances the probabilities of the proceeds of crime actually being used on his/her acquired property and goods. After the offender has been proved or has pleaded guilty, a proportional punishment is applied on him/her. In this case, the proceeds earned through crime that the offender used to purchase goods and property will be confiscated, everything else will remain. Section 810. represents the positive school because it is an example of how the state would protect society. In this provision the crime has not happened yet, one is only worried and fears and attack. Biological determinism is used to identify who would pose a threat; this is based on physical features. This law also focuses on the risk and future dangers the offender might display. Securing valued items of the delinquent is a method used by the state to prevent a future danger from occurring and lessening the risks. In conclusion the classical school is more about the deterrence of crime whereas the positive school focuses on the prevention of…

    • 1683 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    Criminal Justice Sytstem

    • 2547 Words
    • 11 Pages

    The effectiveness of the law can be evaluated based on the access and equality of the law, its enforceability, resource efficiency, protection of individual rights, and a means to establish a balance between the rights of the society and individuals. To act effectively, the criminal justice system must render equal treatment to everyone, regardless of their income, education, age, social status or ethnicity. If it is discovered that an individual has been discriminate against, then the criminal justice system is deemed to have failed if its task. Equality before should have effective adaptations in order to suit the changing values and attitudes…

    • 2547 Words
    • 11 Pages
    Better Essays
  • Better Essays

    Criminal Law

    • 1304 Words
    • 6 Pages

    Criminal law is very important to the criminal justice system. Criminal law states what behavior is criminal and it gives the punishment for each crime. In this document the sources and purposes of criminal law will be discussed. The jurisdiction information will be explained in order to show how it determines where the laws are enforced and created. The differences in the adversarial system and standard of proof within criminal cases will be explored. The differences between criminal liability and accomplice liability will be evaluated. The definitions of inchoate offenses for example, solicitation, conspiracy and contempt will be determined. Also, these terms will be compared to elements of additional criminal offenses.…

    • 1304 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Essay On Larceny

    • 1549 Words
    • 7 Pages

    She believes that people who do not want to follow the laws and try to make up their own deserve to be punished. She feels that each person has a right to feel safe in their own home or place of business and when someone comes in and tries to take away that feeling of safety, it can affect that person 's life. In the beginning of this paper, it was mentioned that there will be people who do not agree that they should be responsible to pay for a criminal to spend the rest of their life behind bars. The criminal will get a warm place to sleep, three meals a day, exercise, television, education and possibly work…

    • 1549 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    Cultural Considerations

    • 900 Words
    • 4 Pages

    dissatisfaction of people from the justice system of the country escorts practical problems of the law and culture clash in the context of criminal and to some degree to civil liabilities also. These differences also cause variety of cases including homicide, the treatment of children, animals and the dead as well as the regulation of marriage, attire, and drug usage cases to rise to a greater extent thus making it difficult for the security administration to enforce…

    • 900 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    Social harm

    • 929 Words
    • 4 Pages

    Throughout the years, the ‘problem of crime’ has been a long debated subject due to its complexity. At some point, it was a matter of different regions, cultures, and particular laws that made it difficult for people to argue whether a certain thing was a crime or not. In spite of this fact, this problem still exists-for example: if, in one country a particular thing can be a right, in another one it can be a crime-such as abortion. In relation to this topic, this essay is going to focus on two important concepts - that of ‘crime’ and that of ‘social harm’, including general definitions, the context in which they can be found, dissimilarities between the two, and the paper will further discuss the types of criminal activity that the two ideas cover. This paper will focus firstly on daily crimes, secondly on white-collar and corporate crimes and it will conclude with a general summarization of the topics and will attempt to clarify which of the two is more relevant to criminologists.…

    • 929 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Legal Sentencing Procedure

    • 1485 Words
    • 6 Pages

    One of the most important stages in achieving justice for the offender, victim and society is known as sentencing and punishment. It is always difficult to find the balance between the offender, victim and society so that equality and natural justice can be achieved. Three areas where this can be seen are in the purpose of punishment, factors affecting a sentencing decision and types of penalties. Protection of society and the rights of the individual will be clearly seen and discussed in the essay…

    • 1485 Words
    • 6 Pages
    Better Essays

Related Topics