Venezuela - Revision history

IBJadmin at 08:17, 4 April 2013

2013-04-04T08:17:48Z

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			{{Languages\|Venezuela}}


	{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"		{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
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Ibjadmin at 16:41, 9 March 2011

2011-03-09T16:41:59Z

← Older revision		Revision as of 18:41, 9 March 2011
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	{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"		{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
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	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">~~LAWS OF VENEZUELA~~</h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEYES VENEZOLANAS</h2>
	*[[Media:Venezuela_Constitucion_2009.pdf \| Constitution of Venezuela]]		*[[Media:Venezuela_Constitucion_2009.pdf \| Constitution of Venezuela]]
	*[[Media:Venezuela_Codigo_Penal.pdf\| Criminal Code of Venezuela]]		*[[Media:Venezuela_Codigo_Penal.pdf\| Criminal Code of Venezuela]]
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	*[[Media:Venezuela_Reforms_2009.pdf \|Criminal Code Reforms of 2009]]		*[[Media:Venezuela_Reforms_2009.pdf \|Criminal Code Reforms of 2009]]
	*[[Media:Venezuela_Ley_Defensoria_del_pueblo.pdf \| Venezuelan Ombudsman Laws]]		*[[Media:Venezuela_Ley_Defensoria_del_pueblo.pdf \| Venezuelan Ombudsman Laws]]
	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL ~~TRAINING RESOURCE CENTER~~</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">CENTRO DE ENTRENAMIENTO LEGAL</h2>
	* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]		* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]
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Spalomba at 10:44, 18 February 2011

2011-02-18T10:44:13Z

← Older revision		Revision as of 12:44, 18 February 2011
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	Due to Spanish and French influence Venezuela has a civil law legal system. Therefore, the law is written in laws and codes, and courts' decisions do not create precedent. The only exception constitutes some decisions of the Supreme Court. In 1999, however, the traditional civil law criminal system was replaced by the adversarial system.		Due to Spanish and French influence Venezuela has a civil law legal system. Therefore, the law is written in laws and codes, and courts' decisions do not create precedent. The only exception constitutes some decisions of the Supreme Court. In 1999, however, the traditional civil law criminal system was replaced by the adversarial system.

	==Sources of ~~Defendant’s~~ Rights==		==Sources of Defendants' Rights==

	The Constitution and the Criminal Procedural code include the rights of the defendants. These are complemented by the American Convention on Human Rights and the International Covenant on Civil and Political Rights, both are binding upon Venezuela. Consequently, the rights of the defendant are according to international standards, including, among others, the presumption of innocence, equality before the law, due process, double jeopardy, the right to remain silent, and the right to counsel.		The Constitution and the Criminal Procedural code include the rights of the defendants. These are complemented by the American Convention on Human Rights and the International Covenant on Civil and Political Rights, both are binding upon Venezuela. Consequently, the rights of the defendant are according to international standards, including, among others, the presumption of innocence, equality before the law, due process, double jeopardy, the right to remain silent, and the right to counsel.

Ibjadmin at 09:08, 8 February 2011

2011-02-08T09:08:51Z

← Older revision		Revision as of 11:08, 8 February 2011
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	* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]		* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]
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	==Background==		==Background==

Ibjadmin at 09:07, 8 February 2011

2011-02-08T09:07:42Z

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	~~{{Languages\|Venezuela}}~~

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	*2009 Prison Population: 32,624 according to government statistics. 66.9% of the prison population is composed of pre-trial detainees or remand prisoners.		*2009 Prison Population: 32,624 according to government statistics. 66.9% of the prison population is composed of pre-trial detainees or remand prisoners.

			{{Languages\|Venezuela}}
	__NOTOC__		__NOTOC__

Durankar: /* Pre-trial phase */

2011-01-27T08:13:54Z

Pre-trial phase

← Older revision		Revision as of 10:13, 27 January 2011
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	The Constitution and the Criminal Procedural code include the rights of the defendants. These are complemented by the American Convention on Human Rights and the International Covenant on Civil and Political Rights, both are binding upon Venezuela. Consequently, the rights of the defendant are according to international standards, including, among others, the presumption of innocence, equality before the law, due process, double jeopardy, the right to remain silent, and the right to counsel.		The Constitution and the Criminal Procedural code include the rights of the defendants. These are complemented by the American Convention on Human Rights and the International Covenant on Civil and Political Rights, both are binding upon Venezuela. Consequently, the rights of the defendant are according to international standards, including, among others, the presumption of innocence, equality before the law, due process, double jeopardy, the right to remain silent, and the right to counsel.

	==Pre-~~trial phase~~==		==Pre-Trial==

	The Prosecution Office (Ministerio Público) is the entity empowered to initiate a criminal prosecution. It has the responsibility of investigating the alleged crime and it is obliged to communicate any evidence that may benefit the alleged responsible. The pre-trial judge (Juez de Control) has to ensure the compliance with due process. The pre-trial judge may decide to dismiss the case or to formalize the accusation.		The Prosecution Office (Ministerio Público) is the entity empowered to initiate a criminal prosecution. It has the responsibility of investigating the alleged crime and it is obliged to communicate any evidence that may benefit the alleged responsible. The pre-trial judge (Juez de Control) has to ensure the compliance with due process. The pre-trial judge may decide to dismiss the case or to formalize the accusation.

Durankar: /* Sources of defendant’s rights */

2011-01-27T08:13:32Z

Sources of defendant’s rights

← Older revision		Revision as of 10:13, 27 January 2011
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	Due to Spanish and French influence Venezuela has a civil law legal system. Therefore, the law is written in laws and codes, and courts' decisions do not create precedent. The only exception constitutes some decisions of the Supreme Court. In 1999, however, the traditional civil law criminal system was replaced by the adversarial system.		Due to Spanish and French influence Venezuela has a civil law legal system. Therefore, the law is written in laws and codes, and courts' decisions do not create precedent. The only exception constitutes some decisions of the Supreme Court. In 1999, however, the traditional civil law criminal system was replaced by the adversarial system.

	==Sources of ~~defendant’s rights~~==		==Sources of Defendant’s Rights==

	The Constitution and the Criminal Procedural code include the rights of the defendants. These are complemented by the American Convention on Human Rights and the International Covenant on Civil and Political Rights, both are binding upon Venezuela. Consequently, the rights of the defendant are according to international standards, including, among others, the presumption of innocence, equality before the law, due process, double jeopardy, the right to remain silent, and the right to counsel.		The Constitution and the Criminal Procedural code include the rights of the defendants. These are complemented by the American Convention on Human Rights and the International Covenant on Civil and Political Rights, both are binding upon Venezuela. Consequently, the rights of the defendant are according to international standards, including, among others, the presumption of innocence, equality before the law, due process, double jeopardy, the right to remain silent, and the right to counsel.

Durankar: /* Type of system */

2011-01-27T08:13:14Z

Type of system

← Older revision		Revision as of 10:13, 27 January 2011
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	The current Constitution was enacted in 1999 and later reformed in 2009. In 1999 two governmental branches, the citizen power and the electoral power, were added to the three traditional ones. Also, the Constitution recognized the existences of many human rights that were not expressively recognized by Venezuelan law before, constituting therefore a good improvement.		The current Constitution was enacted in 1999 and later reformed in 2009. In 1999 two governmental branches, the citizen power and the electoral power, were added to the three traditional ones. Also, the Constitution recognized the existences of many human rights that were not expressively recognized by Venezuelan law before, constituting therefore a good improvement.

	==Type of ~~system~~==		==Type of System==

	Due to Spanish and French influence Venezuela has a civil law legal system. Therefore, the law is written in laws and codes, and courts' decisions do not create precedent. The only exception constitutes some decisions of the Supreme Court. In 1999, however, the traditional civil law criminal system was replaced by the adversarial system.		Due to Spanish and French influence Venezuela has a civil law legal system. Therefore, the law is written in laws and codes, and courts' decisions do not create precedent. The only exception constitutes some decisions of the Supreme Court. In 1999, however, the traditional civil law criminal system was replaced by the adversarial system.

Durankar: /* Trial */

2011-01-27T07:58:55Z

Trial

← Older revision		Revision as of 09:58, 27 January 2011
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	==Trial==		==Trial==
	With the implementation of the adversarial system the criminal proceedings became oral. The defendant must be normally present. If he does not wish to be present he may request a special permission to leave the ~~Courtroom~~. In any case he may communicate with his lawyer at any time. The defendant has the right to present documentary evidence as well as witnesses and expert witnesses, cross-examination is allowed.		With the implementation of the adversarial system the criminal proceedings became oral. The defendant must be normally present. If he does not wish to be present he may request a special permission to leave the courtroom. In any case he may communicate with his lawyer at any time. The defendant has the right to present documentary evidence as well as witnesses and expert witnesses, cross-examination is allowed.

	Both the defendant and the prosecutor may appeal the decision. After the ~~Court~~ of ~~Appeals~~ decision, there is the possibility to ask for cassation, for example in case of crimes which punishment is longer than four years in prison. There is also the possibility of revision on extreme cases, for cases already fully decided. For example, when a person has been condemned two times for the same crime, or when the principle evidence for conviction is proven as fake.		Both the defendant and the prosecutor may appeal the decision. After the court of appeals decision, there is the possibility to ask for cassation, for example in case of crimes which punishment is longer than four years in prison. There is also the possibility of revision on extreme cases, for cases already fully decided. For example, when a person has been condemned two times for the same crime, or when the principle evidence for conviction is proven as fake.

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Durankar: /* Pre-trial phase */

2011-01-27T07:56:23Z

Pre-trial phase

← Older revision		Revision as of 09:56, 27 January 2011
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	==Pre-trial phase==		==Pre-trial phase==

	The Prosecution Office (Ministerio Público) is the entity empowered to initiate a criminal prosecution. It has the responsibility of investigating the alleged crime and it is obliged to communicate any evidence that may benefit the alleged responsible. The ~~Pre~~-~~Trial Judge~~ (Juez de Control) has to ensure the compliance with due process. The ~~Pre~~-~~Trial~~ judge may decide to dismiss the case or to formalize the accusation.		The Prosecution Office (Ministerio Público) is the entity empowered to initiate a criminal prosecution. It has the responsibility of investigating the alleged crime and it is obliged to communicate any evidence that may benefit the alleged responsible. The pre-trial judge (Juez de Control) has to ensure the compliance with due process. The pre-trial judge may decide to dismiss the case or to formalize the accusation.
	During the ~~Pre~~-~~Trial~~, detention is possible. According to the law, this is an extreme measure and should last longer than 2 years. Nonetheless, in most cases, a pre-trial detention order is normally given easily and the two year condition is ~~many~~ times not enforced due to the delay on the proceedings.
			During the pre-trial phase, detention is possible. According to the law, this is an extreme measure and should last longer than 2 years. Nonetheless, in most cases, a pre-trial detention order is normally given easily and the two year condition is often times not enforced due to the delay on the proceedings.

	==Trial==		==Trial==
	With the implementation of the adversarial system the criminal proceedings became oral. The defendant must be normally present. If he does not wish to be present he may request a special permission to leave the Courtroom. In any case he may communicate with his lawyer at any time. The defendant has the right to present documentary evidence as well as witnesses and expert witnesses, cross-examination is allowed.		With the implementation of the adversarial system the criminal proceedings became oral. The defendant must be normally present. If he does not wish to be present he may request a special permission to leave the Courtroom. In any case he may communicate with his lawyer at any time. The defendant has the right to present documentary evidence as well as witnesses and expert witnesses, cross-examination is allowed.