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The guilt in criminal law and elements that excluded criminal from the law

Posted by on Jan 22, 2016 in Law defence, Criminal law | Comments Off on The guilt in criminal law and elements that excluded criminal from the law

Guilt is one of the four required elements in the general notion of crime, which means that the single act could be considered a criminal offense it is necessary that it can be attributed to the guilt of the perpetrator. Previous legislation did not use the term guilt, but he knew the term criminal responsibility.
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Guilt is essentially the central concept in criminal law since it is the basis and precondition of criminal responsibility. For someone criminally fit, is not enough just to do the work but it is necessary that the blame for what he has done or failed to do.
gangster-arrested-300x200According to the Code, there is a fault if the perpetrator was mentally and if he acted with intent, and he was aware or was obliged to and could have been aware that its work is prohibited. However, the fault may exist even when the perpetrator acted negligently and if the law expressly provides. So, as an element of guilt occurs and illegality. Awareness of illegality does not always exist, it is sufficient that there was a duty and that such a consciousness has.

Criminal Code does not define accountability, but insanity that exists in situations where the offender could not understand the meaning of his act or could not control his activities due to psychological disease, impermanent mental illness, mental retardation or other serious mental disorder.

CalPotterCriminalDefenseAttorney6The criminal offense is committed by negligence when the perpetrator was aware that your actions can do the work, but carelessly assumed that this will not happen or that it will be able to stop or when he was not aware that your actions can make work even though under the circumstances it was done and according to his private features, he should and could have been aware of this possibility.
Establishing guilt involves determining the existence of intent or negligence in crimes, but also the absence of grounds that exclude the guilt. However, the lack of grounds for exclusion of guilt is not necessary to determine, it is assumed, which means that the existence of grounds for exclusion of guilt must be established. For more information visit long island criminal defense law firm site.

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Avoidance and Tax Evasion

Posted by on Jan 22, 2016 in Law defence, Tax Evasion, Avoidance | Comments Off on Avoidance and Tax Evasion

Marginal tax rates are usually much higher than actual part of taxes in gross domestic product. Although in the US the majority of citizens subject to marginal tax rates on income from 15 to 28 percent, the share of income tax of individuals in gross domestic product amounts to an average of 10 percent. This difference can be explained by the existence of tax relief and widespread tax avoidance and tax evasion.

Non-payment of taxes has two aspects: legal or acceptable tax avoidance in which the Anglo-Saxon literature, there is the name of tax avoidance and illegal, punishable tax avoidance or tax evasion, which is in the same literature as tax evasion.

sonegadoresTax evasion (tax avoidance) is defined as the full use of all opportunities to reduce tax liabilities provided by law. In many countries a real army of tax advisers find daily loopholes in tax laws in order to ensure their customers pay the least possible taxes. It looks like a tax advisor and the country there is constant competition: consultants caught in a state of failure, and the state realizes this, and to correct its failure to advisers again went to work searching for new tax holes. Thus, for example, tax consultants may propose their wealthy clients avoiding tax and the taxation of their income, a lower marginal rate, so that part of its assets (securities, real estate or shares in a company) has been transferred to their children. Both then fall under a lower marginal tax rate and pay less tax.
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In addition to such accelerated inheritance of property taxes are forcing individuals to change and other forms of family life. For example, in some countries, favorable divorce, because then all the income of her husband can be called alimony is not taxed. Or, in the US as interest on municipal, municipal bonds are exempt from paying income tax.  If you have any uncertainties about tax you can contact portland Criminal defense attorney and ask him for help!

Tax evasion (tax evasion) is in turn paying legally established tax. If, for example, must pay tax on the sale of mushrooms, and someone for any reason to sell less of mushrooms, is considered to be legally avoid tax liability. But if the country reported lower sales of mushrooms from real ones, then it is illegal to avoid or evade tax.

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Mobbing

Posted by on Jan 22, 2016 in Mobbing, Law defence | Comments Off on Mobbing

Modern bussiness relations inside companies includes very often bullying by boss, or other colleagues, and that is something that makes the ones job even more difficult that the job itself. Pressure, deadlines, and a lot of work makes people stressed and vulnerable in many ways, and some of them manifest that displeasure by bullying others and carrying forward self stress to them.

In many ways, bullying not just make work environment unhealthy, it also may drive away employee, because mobbing is the first reason for one to start searching for new job. If on your workplace exist mobbing, don’t hesitate to call san diego Criminal defense attorneys for help!

images-7Bullying on a work place is behavior that indicates adverse, browbeating and insults, which leads to denigration , humiliation and abasement of an laborer. This situation causes emotional stress, disgrace and misery in employee relations. Such behavior exceeds rough discipline, strong expectations, close custody and any motivation tactics. The tolerance line is crossed very obviously that most of people can figure the mobbing very easy at first sight.
Mobbing is dangerous in many ways, such as emotionally, financially, just like any other shape of distraction on work place. It could ruin lives, careers, or even to indicate by mental illness of the bullied person, which leads further to the worst cases like suicides, some kind of third party aggression etc.
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According to professional literature, with the modernization of society, globalization and transition to capitalism ways of business management, we can expect more and more cases of clients that will refer to professional psychological help caused by increasing of demands on single worker, bad human relations and mobbing on workplace.

Mobbing on workplace is completely bad for everyone’s resources. This problem is present all across the USA. There are some government estimates that says that there are 16% to 25% cases of mobbing in every workplace. Some unofficial researches are telling that that number goes even up to 40-50% of all work places.

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