The 2020 news agenda was unusual for the world. In the midst of the new dynamics arising in times of pandemic, from this space we made an effort to respond to the concerns and legal interests of those who practice law in the country. In that sense, the most read texts in our blog were related to fundamental legal aspects to respect due process and recommendations to obtain important tools at the time of work performance.
Readings also focused on teleworking in VenezuelaThe seminar was organized in response to the rise of this modality in the world due to the experience of the quarantine by Covid-19, and the basic characteristics of the judicial process of extradition. Likewise, there was room for topics related to other relevant crimes such as money laundering and computer crimes. This year, as in previous years, interest was focused on publications highlighting fundamental ethical aspects for the practice of law in Venezuela.
Below we list from one (1) to ten (10) the most read texts on our blog in 2020, along with a summary of the topics addressed in each one:
This guarantee is provided for in the Universal Declaration of Human Rights. Human Rightsand establishes that every person has the right, under conditions of full equality, to a fair and public hearing by an independent and impartial tribunal. Likewise, it emphasizes that every person accused of a crime is innocent until proven guilty and before the law, in a public trial in which all his rights to legitimate defense are guaranteed. In order to assert the defense, it is necessary to guarantee the right of the accused to be heard, to assert his own reasons and arguments, to controvert, contradict, object to evidence that prejudices him, request the practice of investigative diligence that brings evidence to the process, use all the necessary legal resources that the law considers (appeal, reposition, cassation, review, complaint, among others), to always be assisted by a private or public attorney (qualified and specialized in the specific matter of the legal process) in case the accused does not have the necessary resources to hire these professional services, and to be informed of everything that happens in the proceedings against him/her.
The impact of the social networks is indisputable. One of the great lessons learned from the pandemic has been the value of networks to inform, accompany and entertain while communications have to take place at a distance. Legal services have also taken advantage of these tools to be at the forefront of the market.íwhere most of the conversations take place at this time and in this way have greater closeness and empathy with customers. If you are a lawyer, you should also be informed of what the accounts that work seriously on legal issues are doing on social networks.
The first step to a successful law firm interview begins before the face-to-face presentation. The curriculum vitae offers valuable information about your experience and capabilities, so it should be honestly written and attractively designed. Likewise, remember to keep update your Linkedin profile. Your future employers may check this digital channel to learn a little more about your performance and professional interests.
When it comes to the interview, your attire also plays a decisive role, so remember to wear formal and discreet attire that shows elegance. Do some research about the firm and the most important cases it has represented. When talking about your professional experience, start by naming the most relevant ones and let the interviewer lead the pace of the conversation.
Extradition may involve a government agency, the courts, or both, as the case may be. There are two types of extradition: active and passive. Most extradition treaties require the requesting State to demonstrate with convincing evidence the existence of the cause to prosecute the accused, or that the crime has been typified as such in the criminal legislation of the requested country.this text addresses the qualities of these legal processes and the requirements needed for it to proceed.
The International Labor Organization defines this option as a form of work performed at a location away from the central office that does not usually involve face-to-face contact with colleagues and is made possible by the intervention of technological tools. Due to its particular qualities, teleworking requires a new form of communication and evaluation of results by the work team and supervisors.
In Venezuela, few steps have been taken in this regard. Some companies, of their own free will and in consensus with the employee, have defined some tasks to be performed under this modality. However, the lack of formal regulation has not established the necessary mechanisms for control and follow-up.
6. The principle of proportionality of penalties as a dosimetry tool in the Venezuelan penal system.
The administration of justice involves assigning how to pay for each act committed, which is not usually a simple task. It requires study and adjustment to the diversity of factors that come into play in all human activity, in order to also take into account the meaning of the damage caused materially or to other beings. Penal dosimetry defines the application of the principle of proportionality of punishment both by the legislator when imposing a penalty, and by judges and courts when deciding on a particular case.
Electronic contracts are characterized by the fact that they are entered into between the parties through digital channels and with the use of technological tools. These contracts have had a marked presence in globalization, as part of electronic commerce, which allows people to acquire goods or services in a generalized manner.
Given the current circumstances, electronic contracts are a factor that enhances the processing of the electronic signature certificate, in order to carry out negotiations or commercial operations in a secure manner for the parties. Likewise, they make it possible to carry out contracts without taking the distance between the intervening parties as a restrictive element, which is a great advantage for the economic development of companies.
Three ways in which money laundering usually occurs have been identified: Physical movement of money (involving the transfer or transport of large amounts of money, almost always in high denominations), movement of money through the financial system (involving the use of products and technologies offered by the financial sector to move, transform or hide the money from illicit activities) and movement of goods and services (through the national and international trade systems).
Money laundering always leaves its mark and it is found sooner or later. This text shows the legal efforts in Colombia and Venezuela to respond to this international crime.
Legal deontology rescues the knowledge necessary to be a lawyer and all the skills related to it. This is equivalent to possessing the tools to understand the laws, jurisprudence and court practice.
In general terms, a lawyer during a trial must follow certain rules, among which are the mastery of the subject matter, the presentation of arguments in accordance with the established rules, respect for the colleagues present and witnesses, the correct use of language in their interventions and punctuality when presenting themselves. In Venezuela the Lawyer's Code of Professional Ethics Venezuelan law is mandatory for all those who have the academic capabilities to practice the profession. It establishes that "the lawyer will have as a north of his acts to serve justice, ensure freedom and the ministry of law. The lawyer who knows of any fact that violates the prohibitions of this Code, has the duty to immediately inform the Bar Association to which the offender is registered".
The Special Law Against Computer Crimes was published in Official Gazette No. 37,313 on October 30, 2001. The twenty-one criminal offenses established in the law are classified in five categories: crimes against systems that use information technology; crimes against property; crimes against the privacy of persons and communications; crimes against children and adolescents; and crimes against the economic order. The most relevant crimes typified in this legal instrument are: improper access, sabotage or damage to systems, possession of equipment or provision of sabotage services and computer espionage.