SOMETHING OUT OF CURRENT Apicius
URGENT REFORM OF CRIMINAL PROCEDURE REFORM.
The peculiar interpretation made by some judges to guarantee the laws of criminal procedure reform, has led much of the rapid political reforms ask cries for reform, hehe pun intended. But after reading a story that appeared today in the journal "The third" I think the error is a bad law made, but on the interpretation that some judges make of it.
THE THIRD Saturday October 1, 2005, page 35 National.
here mentioned, that a man belonging to a group that had made a violent assault on a partner in the Cerro San Cristóbal, was released yesterday after leaving formalized control the detention hearing, held court in the Eighth warranty although it had been recognized by their victims. But this is not incredible news, but in the afternoon the same day, in Providencia, again this person was arrested by police, having assaulted an old woman.
Although I am not an expert on the subject, but a simple citizen who wants to give According to what you see, I think it's obvious that urgent reform is needed, but not the law, but the judiciary and its judges.
Everyone knows that the only thing permanent is accurate and constantly changing. In addition, our society is based on time, permanent change. But here is a serious problem, a lag between changes and those who receive and live.
While the institutions, processes and society is mutating rapidly, people who live these changes are out of phase and delay them considerably more to follow. This is a regular human being, because man is more conservative than many people want to recognize.
Therefore what we seeing these days with all the examples of some judges descriterio guarantee is just one example of these people still have not seen the changes and still operate with the mental processes used for many years.
One of these mental processes are very characteristic of our judges, is to stick faithfully to the law, but the exact words of the law, sometimes ignoring the spirit that Congress had in view.
Why this would occur? Simple. Because we are a very conservative country, where abound in many legalistic men, who believe that following the instructions, manuals and handbooks to the letter is a sign of professionalism and intelligence and do not realize that the skills most needed in these times of constant changes, are flexibility, creativity and thus the criterion.
Therefore, I think what we need now is a complete reform but not the errors that have occurred in the reform of these laws, but these managers themselves. Lack young people, people who are already based at the same time as the reforms to go hand in hand with the new law and punishment and correctly interpret the "SPIRIT OF THE LAW."
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