MonthApril 2019

The person offended by the crime

Who is the offended person and what rights and rights are recognized by our penal system

  1. Who is the person offended by the crime
  2. The right of lawsuit of the injured person
  3. Offended person: rights and rights
  4. Offended party civil party
  5. The jurisprudence on the person offended by the crime

Who is the person offended by the crime

Who is the person offended by the crime

The person offended by the crime is the holder of the legal asset protected by the criminal law violated seguito following the commission of a crime. SoggettoThis subject should not be confused with the injured party: the latter, in fact,? who suffers the damage resulting from the crime.

The distinction is important because if, as a rule, these two figures coincide, there are also cases in which it is not: think, for example, of murder, in which the person offended by the crime is the victim while the injured the offenders are his relatives.

The standards

The criminal code dedicates articles 120 et seq. To the person offended by the crime, while the code of criminal procedure articles 90 and following.

The right of lawsuit of the injured person

The penal code, in particular, does not give a definition of a person offended by the crime but focuses on it the discipline of the right to sue.

The offended person is in fact assigned the right to sue in all cases where for the crime he does not have to proceed ex officio or upon request or request, with the specification that if the offended persons are more than one the offense is punishable even if the lawsuit is proposed by only one of them.

Offended minor person, forbidden, disabled

In the event that the offended person is less than fourteen years of age or forbidden because mentally ill, his right to file a complaint may be exercised by the parent or guardian. If there is no representative or if the person exercising it is in conflict of interest with the injured party, the right to sue is exercised by a special administrator.

Instead, offended persons who are minors but have reached the age of fourteen or are incapacitated have the opportunity to exercise the right to sue. The right can also be exercised by the parent, guardian or trustee (even in the presence of a contrary declaration of will, expressed or tacit, of the minor or the disabled).

Offended person: rights and rights

Offended person: rights and rights

By virtue of the provisions of Article 90 of the Criminal Procedure Code, the person offended by the offense, in addition to exercising all the rights and powers that are expressly recognized by the law, can, in any state and degree of the proceeding, present statements? and, with the exception of the cassation judgment, indicate evidence, all of which also by appointing a lawyer pursuant to article 101 below.

Among the rights and faculties recognized by the law to the injured person, we recall:

  • the possibility of participating in non-repeatable technical checks (art. 360 Code of Criminal Procedure);
  • the possibility of viewing the documents filed pursuant to art. 366 cpp;
  • the possibility of asking the PM to activate the probative incident (art. 394 cpp) and view the relative documents;
  • the possibility of expressing their opinion regarding the request for extension of the duration of the preliminary investigations (art. 406 cpp) and to oppose the request for dismissal (410 cpp);
  • the possibility of entarepresenting a motivated request to the PM to present an appeal to any criminal effect (art. 572 cpp).

The person offended by the crime also:?

  • receives warranty information (art. 369 cpp);
  • receives notification of the decree setting the preliminary hearing (Article 419 of the Code of Criminal Procedure);
  • receives notification of the decree ordering the trial (art. 429 cpp);
  • receives notification of the decree ordering immediate judgment (art. 456 cpp).

The rights of the minor offender, forbidden or incapacitated

In the event that the offended person is a minor, forbidden due to a mental illness or incapacitated, the faculties and the rights attributed to him are exercised by the same subjects through which the same can exercise the right to file a complaint (see above).

With particular reference to the minor age, the civil procedure code specifies, in paragraph 2-bis of article 90, that, if on this circumstance there is uncertainty, the judge disposes, even ex officio, of an expertise aimed at verifying it and that if, even after the appraisal, doubts remain in this regard, the minor age is presumed for the purpose of applying the procedural provisions.

The rights of the deceased victim

In the event that, instead, the injured person has died as a result of the crime, our system attributes the exercise of all his rights and his rights to his next relatives or to the person who is connected with the person injured by a affective relationship or a relationship of stable cohabitation.

Offended party civil party

Offended party civil party

The rights and faculties of the person offended by the crime increase in the event that the person decides to constitute a civil party.

With the constitution of a civil party, essentially, this subject introduces the civil action within the criminal trial and can avoid asking for compensation for the damage suffered as a result of the crime by establishing a new civil case, parallel to the criminal one. In order to constitute a civil party, therefore, the offended person must also be damaged by the crime.

On the civil part and on the constitution of a civil party go to the guides:

– The civil party in the criminal trial

– The establishment of a civil party. Guide with facsimile

The jurisprudence on the person offended by the crime

The jurisprudence on the person offended by the crime

Below are the excerpts of some recent judgments that have concerned the role and the figure of the person offended by the crime.

“When the offended person represents the principal (if not the only) witness who has had the direct perception of the fact to be tested and is, therefore, substantially the only procedural subject able to introduce this evaluation element in the process, so that his story may be the basis for the defendant’s judgment of guilt, it must be subjected to a timely critical analysis, by comparing it with the remaining evidentiary material acquired (where possible) that can be used to corroborate his statement, or, where a verification “ab extrinseco” is not possible, through a careful and penetrating examination of the testimony, conducted with rigor and critical spirit, which invests the reliability of the declaration and the subjective credibility of the person who made it and who, however, is not based on from preconceived mistrust towards the witness, having to start from the assumption that, until proven otherwise, the witness, whether it is an injured person or a civil party, reports facts true or considered to be such “( Trib. Napoli n. 644/2018 ).

“The declaration with which the injured party, at the time of the complaint, establishes or reserves the right to become a civil party, must be qualified as a valid manifestation of the right to file a complaint” ( Cassation No. 52538/2017 ).

“The testimony of the injured person, especially when carrying a personal interest in ascertaining the fact, must certainly be subject to a more penetrating and rigorous control about his subjective credibility and the intrinsic reliability of the story (Section, 41461 of 2012, cit.), But this does not legitimize an a priori judgment of unreliability of the testimony itself (expressly forbidden as a rule of judgment) and does not allow to place it, in fact, on the same level as the declarations coming from the subjects indicated by the ‘Article 192 of the Code of Criminal Procedure, paragraphs 3 and 4, (in violation of the fee imposed by Article 192 of the Code of Criminal Procedure, paragraph 1) “? (Court of Cassation No. 35559/2017 ).

“On the subject of sexual offenses… the deposition of the offended person can also be taken on his own as a source of proof of guilt, where he is subjected to a positive investigation of the subjective and objective credibility of the person who made it, given that in this procedural context the assessment of the facts more often depends necessarily on the evaluation of the contrast of the opposed versions of defendant and offended party, only protagonists of the facts, in the absence, not infrequently, also of objective findings or other elements acts to attribute greater credibility, from the outside, to one or the other thesis “( Cassation No. 35559/2017 ).

Variable Income Treasury Bonds

In this article we will look closely at the Variable Income Treasury Bonds available to households, their potentialities and risks, and compare it with other alternatives available in the market.

What Are Treasury Bonds?

What Are Treasury Bonds?

Treasury bonds (TOs) are public debt securities. When you buy an OT you are lending money to a country so that it can meet your expenses or investments. As we will see later, all obligations have a set of characteristics:

  • Issuer – Who borrows money;
  • Possibility of transaction in the market – You can buy and sell when you want;
  • Interest rate – Also called coupon rate (with reduced exceptions). It is an annual fee, although it can be paid at another interval (for example, an annual rate of 2% will represent a half-yearly rate of 1%);
  • Term – Time of return of the money by the issuer to the buyer of the obligation;
  • Nominal Value – It resembles the stock price. Price at which the obligation is issued.

Is It Worth It To Buy Treasury Bonds?

Buy Treasury Bonds

Buying treasury bonds is something that can make sense in a diversified investment portfolio. Of course, not all products are suitable for all investors or at all market moments, especially if we are talking about products with risk or uncertainty in yields. Thus, we suggest two rules of prudence:

  1. Buy only products whose potentialities and risks you know and are comfortable with;
  2. Do not focus the entire risk of your portfolio on a single product (ie diversify).

What is the Risk of Variable Income Treasury Bonds?

What is the Risk of Variable Income Treasury Bonds?

Variable Income Treasury Bonds are risky products. From the list of risks we draw attention to the following:

  • Credit Risk – Whoever lends money to someone risks having someone else return the money. This is the credit risk. In order to measure the risk, it will be able to use Rating agencies (and here Portugal is not very well rated) and have some sensitivity to the political, economic and financial moment of the country.
  • Market Risk – Treasury bonds are traded in a financial market. In this way, they are permeable to the price oscillations, which end up being related to the perceived credit risk referred to above. Additionally, it is a risk that depends on the sentiment of investors, which as we know has very little rationality. If you keep the bonds to maturity know that this market risk does not run.
  • Interest Rate Risk – A last risk that is related to the possibility that the bonds will no longer be attractive to alternative products. Indeed, if we are talking about variable-yield bonds, this risk is diminished because if market interest rates start to rise, the yield on these bonds will be adjusted (not implying a devaluation of these bonds).

Characteristics of Variable Income Treasury Bonds May 2021

Characteristics of Variable Income Treasury Bonds May 2021

  • Minimum subscription amount – € 1,000 and possibility of purchase of additional amounts in lots of € 1,000;
  • Maximum Investment of € 1,000,000;
  • Term – 5 years (refunded May 2021);
  • Interest Rate – Euribor at 6 months + 2.20% (the minimum rate is 2.20% the same is to say that it does not admit negative Euribor);
  • Where to Buy – At any branch of BPI, CGD or NovoBanco Banks.

Worth to buy?

Worth to buy?

With such low interest rate term deposits we may be tempted to buy these “closed eyes” products. However, we suggest you note the following:

  • Interest Rate – The interest rate offered is potentially interesting, but keep in mind the value of the commissions that we will talk about next. Being variable rate protects the investor in the event of a rise in market interest rates;
  • Stability of the Product – The State can not change the rules unilaterally , which gives greater predictability (which has not been visible in the past in the case of savings certificates, for example);
  • Commissions – To buy, hold, receive interest and sell the bonds you will have to pay commissions to your bank. These commissions can be so high that they can make these products very unattractive;
  • Term – Make sure you do not need the money in the next 5 years because if you need to sell before that time you will incur the market risk we spoke about earlier;
  • Risk – Supposedly lending money to the state should be the least risky investment in the market … however, it is a risk in theory, especially if we consider that there is no Bond Guarantee Fund …
  • Amount – If you have amounts to invest above € 50,000 maybe it will make more sense to go directly to the capital market to make your purchase …
  • Diversification – By investing in these products ensure that you can diversify your risks.

Are OTs Better Than Time Deposits?

Are OTs Better Than Time Deposits?

If we compare OTs with 5-year term deposits we see that these products are potentially better in terms of both risk and return. Thus, if you have the possibility to invest more than € 5,000 and for a term of 5 years, you should opt for OTs instead of time deposits.

Are OTs Better Than Savings Certificates?

The OT risk is similar to the risk of savings certificates, as the issuer is the same (the State). However, OT interest rates are more interesting than savings certificates (except in the C series but in this case the premium will only last until the end of 2016). For lower amounts and for shorter periods, savings certificates should be a more advantageous option.

Are OTs Better Than Treasury Savings Certificates More?

Are OTs Better Than Treasury Savings Certificates More?

The OT risk is similar to the risk of savings certificates, as the issuer is the same (the State). The interest rates on its fixed component are similar in both products, and in OT they have the possibility of a rise in the future and in the CTP + the potential premium is dependent on GDP growth above certain levels. At the commissions level, CTP + are more interesting (they do not have all associated commissions). So to make your decision you will need to see what makes you more comfortable in terms of uncertainty.

And Why Not Investment Funds?

And Why Not Investment Funds?

It is possible to invest in Treasury Bonds of the Portuguese State and other states through investment funds. This allows you to diversify your risk, invest in smaller amounts and have more liquidity (without harming your return). It may happen that the rate is not so attractive, but there you are also taking less risk. Always think that more risk equals more return and that you should invest for longer terms to increase the likelihood of earning money.

Bail Deposit

The Urban Leasing Law imposes the legal obligation to demand and provide a DEPOSIT in cash, equivalent to a monthly rent when a housing lease is entered into.

Thus, this legal obligation is configured for the rental of all types of housing, regardless of whether it is considered free or with public protection.

The bond is defined as the guarantee of compliance, by the lessee, of all the obligations arising from the lease, both economic -payment of income and assimilated amounts (supplies, community fees, etc.) – as the own conservation of the leased object (maintenance of the floor and furniture).

The balance of the deposit in cash must be returned to the tenant at the end of the lease. If more than one month passes from the delivery of the keys without having been returned, the corresponding legal interest will begin to be accrued.

In short, the bond is an inescapable and necessary commitment to bring a rental to a successful conclusion, without the occurrence of ‘risk’ situations for any of the signatories. It is a security for the landlord and a commitment for the tenant in order to take care of the house and return it as it was received.

Constitution of the deposit of the deposit

Constitution of the deposit of the deposit

In our region, in order to make the deposit of the deposit, it is necessary to make a bank deposit of a rental fee in the corresponding account of the Ministry of Finance and Public Administration, provided it is a housing lease. This deposit will be carried out using the 801 form of deposit confirmation or guarantee in cash, which can be obtained in printed form by means of the personification before the Provincial Directorate of Finance and Public Administrations.

The instructions for completing the 801 model can be obtained from the Provincial Offices of our Ministry of Development.

Once the previous deposit has been made, the interested party must submit to the Provincial Directorate (Urban Rental Leases Section) corresponding to the place where the rented dwelling is located, Request to establish or update deposits already deposited, whose model will be provided in said Provincial Office.

To this request, the following documentation will be attached:

  • Model 801 in which the realization of the deposit of one month of rent in the corresponding account of the Ministry of Finance and Public Administration.
  • Three original copies of the lease.

After examining the submitted documentation, the original contracts presented are processed and two copies are returned, one for the lessor and another for the lessee.

In addition, the document “PAPER OF BONDS” will be issued, which will be necessary to urge the return or modification of the deposited bond. This document will be delivered to the landlord.

Only from this moment in which the “PAPER OF BONDS” is issued can it be understood that the deposit of the deposit has been validly constituted.

As a general rule, the obligor to the constitution of the deposit of the deposit, will be the lessor, with the exception of the contracts of lease of houses with public protection of public promotion, where the obliged to the constitution will be the tenant.

Finally, note that this deposit must be made within fifteen working days from the date of signature of the contract.

However, in case of any doubt that may arise, the corresponding consultations can always be made before the Bonding Service of the corresponding Provincial Development Office.

Modification of the deposit of the deposit

Modification of the deposit of the deposit

As long as the housing lease contract is not extinguished, it may suffer variations throughout the period of validity. These variations can be of a different nature, and since it could not be otherwise, the part of the rent is not excluded from these possible changes. In this sense, either for reasons of updating, or for any other reason, the rent may suffer variations, which directly affects the deposit. In this way, when the rent is updated (which usually translates into an increase of the same, and that can not be realized within the first five years of the contract’s validity), it is also necessary to update the amount of the deposit in the same terms.

For this, the procedure is similar to that of the constitution of the bond. It must be previously registered and by means of the 801 model in the same terms foreseen for the constitution of the deposit, the amount that remains until completing a monthly rent.

Once this deposit is made, the interested party, again, must submit to the Provincial Directorate (Bail Section Urban leases) corresponding to the place where the rented dwelling is located, Request to update deposits already deposited, whose model will be provided in said Provincial Office.

To this request, the following documentation will be attached:

  • Model 801, which shows the realization of the deposit of the amount necessary to complete the amount previously deposited and be equivalent to one month of the current rent. Said income will be made in the corresponding account of the Ministry of Finance and Public Administration.
  • Two original copies of the lease.
  • Bond paper issued.

After the examination of the presented documentation, the original contracts presented and the “PAPER OF BONDS” are renewed and returned to the interested parties.

Refund of the deposit

Refund of the deposit

When the lease ends, a series of checks must be made before proceeding to the return of the deposit.

Being a guarantee of compliance with the obligations of the tenant, the full refund of the deposit will be carried out as long as the apartment is in perfect condition. If leaving the apartment, the owner checks that there have been damages or defects in it will discount the repair costs of the amount of the deposit to be returned. The same will happen if at the end of the rent there are amounts owed.

If everything is in order, and there is no debt in favor of the owner of the house, the deposit must be returned to the tenant one month after the delivery of the keys by the same.

Thus, for this return, the landlord must submit to the Provincial Directorate (Bail Section Urban leases) corresponding to the place where the leased house is located, Request to recover the sureties, whose model will be provided in said Provincial Office.

To this request, the following documentation will be attached:

  • Two original copies of the lease agreement with the procedures of incorporation.
  • Bond paper signed on the back by both parties.
  • Document in which the termination of the contract is collected.

Once this documentation has been submitted, the Provincial Office will send a letter to the interested party informing that the necessary documentation has been sent to the Ministry of Finance and Public Administration so that it may reimburse the amounts deposited as a deposit.

Regulatory Regulation

Regulatory Regulation

  • Law 29/1994, of November 24, on Urban Leases.
  • Order of March 5, 1985, which establishes the procedure for the constitution of bonds for leases and supplies within the scope of the Board of Communities of Castilla-La Mancha.