Monday, May 4, 2009

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ORGANIZED CRIME IN AND OUT OF PUBLIC POWER


to relatively recently, the investigation led police to investigate the benefits and proceeds of crime, did not occupy a prominent place in the context of the fight against organized crime. Today this picture has changed dramatically from the traditional organizations "rogue" built by pirates and bandits, and the organization "Hands", typical of individuals who carry out thefts and scams skilled small-scale, today we witness the rise of a crime provided few structures and a modus operandi, typical of large corporations, engaged in multiple criminal activities that transcend national borders will generate enormous sums of money and other property.

is imposed first, determine what factors have contributed to the flourishing state of these criminal organizations, national or transnational, and the need they have to give the appearance of legitimacy or launder the resources they obtain with their activities .
To speak of "Organized Crime", it is necessary to analyze these two terms and the conceptual evolution of them: CRIME

This word Romans invented and we have kept this and that: "crime." But not meant for them as for us. What we call crime, they called scelus, scéleris, which the dictionaries translate as evil deed, wickedness, crime, murder, crime, wickedness, evil man, misery, misfortune, misery, and an astonishment, a victim, sorrow, torment. With no further than their own lexical field derivatives, is difficult to know what is evil or crime (scelus). Some suspect free and only by analogy with other words in the securities field, the source must be religious ritual, that a crime would be like killing off of fees, in violation of sacred precepts. Returning to

Crime críminis, I must say that has every appearance of being totally subjective. It seems quite clear that it is a term lexical family consists cribra, cribrare (screening); cerno, cretum (sift, distinguish). Crime would bolt action, namely to choose the culprit. In the derivative is most clearly criminare meaning cernere. Means identify one as the culprit. The dictionaries give as the meanings of crime, sign, signal, distinguishing mark, charge, accusation. Taking the content (that which is charged) across the continent (the prosecution), it also means guilt or criminal act, and take the accused by the prosecution, means criminal, criminal, criminal.

If we go back to their Greek relatives krisiV / crisis (of krinw / mane, judge) we are on the same environment, opinion, distinction, discernment. Hence kriterion / Criterion, which we inherited as a criterion. Criminare they say in Latin, means to charge. And, oh surprise! is generally used to describe the slanderous accusation. It is normal that way. If the same facts are subject to prosecution in some cases and praise in others, of course that criminality is a calumny. Negative rating is the facts that are actually positive, because were made with positive intent.

now turn to study and meaning of the term ... ORGANIZATION.

Today, the concept of organization does not correspond to the simple traditional way of conceiving, it is now necessary conceptual studies in the light of the theory of human behavior, developed at the end of World War II and lasted until the early seventies (1946 - 1970). This current of thought born in the USA with its main exponents, Herbert Simon, Chester Barnard, Richard Cyret, James March, David Miller and Martin Star These authors use sociological methods and scientific. This theory explains what the organization, organizational culture and its components, the influence of the digital economy on organizations.
This analysis involves organizational phenomenon from different perspectives and merits of evolutionary study, in order to understand its various manifestations, both within the public and private management at the beginning of this century.

An organization is a set of variables or components of different nature acting together, interdependently, in order to obtain a predetermined objective and specific you can be of different types: economic, social, welfare, academic, cultural, political, class, etc.

During the twentieth century, the administration thought underwent an evolution can be characterized according to the varying degrees of emphasis that some schools, theories, models or approaches put in some elements or variables of the organization. In this sense, it is worth remembering that an organization has both hard variables (structure, strategy, systems) and with soft variables (people, culture, style, skills), and in certain periods of the last century, some authors have privileged highlighted, one of them - hard or soft, depending on the case - thus underline its importance and become the key element in the fundamental variable in the essential component that explains and helps to understand an organization. Thus, we have emphasized, at the time, strategy or systems, culture or people.
no intentions chronological or anthologies, but for the purposes of this article, and indeed those from the perspective of public safety guaranteed by the state it governs, is imposed as a necessity, first analyze the different approaches that put emphasis on hard outcomes, those who emphasize the soft, to finally address the integrative approaches, among them those who understand that the latest knowledge as intellectual capital, can be a synthesizer of variables - soft and hard - that make up the organization. Later, it would make a more specific analysis of the five variables, which according to the scholars, members of an organization: culture, strategy, structure, people and systems.

already have a general idea of \u200b\u200bboth terms, which in recent times have been very giving as a binomial state as manifest in the form of government in the vast majority of countries that supposedly work under democratic and representative systems as ours, these items ORGANIZATION CRIME and it seems like product power that leads to wealth or wealth that leads to power. And here we are with any other combination that at the end of the day are another consequence, both globalized social vertigo.

Any action contrary to the rule which governs man's conduct is unlawful. The civil standard warns prohibited, permitted and discretionary. The criminal law neither prohibits nor allows or gives options and simply states that this assumption prevents certain conduct falls into the typical criminal or illegal and punishable.

The laws of this nation are subject to the supremacy of the Constitution of the Republic, which also shall be subject all the men who wield state power. That is the supreme law imposed on the statesmen and limits the extent to which schools must exercise that power in the field who have the executive, legislature and judiciary, because the same law of Supreme contains ORGANIZATION these powers and work of their public officials. If those officials act outside the law that regulates the performance of their duties, then your organization is illegal and therefore criminal.

rampant corruption every day more pronounced in public administration at all three levels of government, conceals Taves of impunity immunity above and below.

overlapping political power by the State, gives the example of organized crime, political parties are now almost four billion dollars for their campaigns. Political parties and family organizations in seeking electoral alliance with the major parties, to keep their business records and the ping of the money they receive from the federation. Not to mention that some parties do not spend money on campaigns, then come to the point of sale applications and multi-member of the very first applications of those lists and sites that will benefit from the votes of single-member losers. Trust me please! State Fixtures and well-organized crime, while the people have threatened a viral pandemic. Legislators who do not know what is the state and much less what is the right, always bring a flower mouth of fracesita No rule of law to amend the law made no longer identify with the present reality. The parliament's rostrum is used for the fierce struggle of parties in the pursuit of power, thus speaks of a 'party. There is only proposed legislation shovel populist discontent over social sectors, comprehensive solutions to people's needs. Be disapproved or rejected by political zeal, law initiatives that result in the practical, not romantic, immediate solution to the economic adjustment that claim all the governed. Without a realistic plan for economic growth proposals called for in this country of their governments, because we have been overtaken by those nations that were once their economies are far below ours.

And what about the judiciary, administration of justice slow and tardy, expensive and corrupt, ignorant more than perk. Today, with technological advances in computing, local and federal courts produce a maquila justice, copy and paste. No longer practiced by the judge's philosophy of law, not respecting the Constitution in its mandate in paragraph f) of Article 72 which provides the source of interpretation of laws, and the judge acting on their own remains a jus-dicere (decidor the right would), becoming quasi-legislature with their interpretations sui -generis. And with this license, judges and magistrates can give righteous action, not of justice, the bias appropriate to the interests to serve.

And what about the cost of our legislators, their trips abroad, whose travel expenses are borne by the exchequer, and which are calculated from September 2008 to this date more than two million pesos, and whose political efforts that are not character, but if they do the same. Also published in major newspapers in this country restaurant menu in Congress, with some dishes worthy of the most demanding gourmet, expensive!, What did you eat before legislators? .. Please.
Is well organized or not the State to commit unlawful acts of immoderate squandering the people's money?, Stating that we have seen that any wrongdoing is a criminal act.









Wednesday, April 29, 2009

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THE LEGAL NATURE OF THE INCIDENT AND RESOURCES

First it is necessary to distinguish between what is procedurally an incident and what is a resource, because although ambos institutos jurídicos del Derecho Procesal resultan medios de impugnación, no todo incidente que lo sea, resulta necesariamente medio para impugnar. Y esto es lo que marca la diferencias de su naturaleza jurídica.

Los recursos siempre serán el medio de impugnación contra un acuerdo del juzgador, y los incidentes, cuando se promueven para combatir algo dentro del procedimiento, este algo será una actuación procesal dentro de la instrucción o después de la secuela procesal posterior a la sentencia y aun antes de que se inicie el procedimiento del juicio propiamente dicho, como lo son las medidas prejudiciales. Actuaciones que pueden darse dentro del tribunal o fuera de este.

Los artículos 540, 541 and 542 of the Code of Civil Procedure for the State of Veracruz and the equivalent of other entities, require substantiation of Incident:

Article 540 .- With the promotion must be accompanied by relevant evidence and the copy of the same, if shipment will be sent to run the party or parties to formulate its response within three days.
From the first supplied, is summoned to a hearing to be verified on the eighth day of the incident promoted.

Article 541 .- At the hearing be done on the evidence and decide the appropriate decision.

Article 542 .- If the parties do not concur with the hearing, or send their allegations, the resolution will be issued no later than within three days.


As is seen from the incidents themselves, there is a) .- The demand and the offer and provision of evidence and copies for the transfer by the incident, b) .- The location for the defendant to three days to respond and present evidence, c) .- The indication of an evidentiary hearing and arguments that will run until the eighth day to be fixed by the judge from the car boot of the incident; d) .- And the decision that the judge within three days following the hearing of evidence and arguments.


As an example that Article 106 of the procedural system, never mentions a substantiation in terms, limits and formalities that the Veracruz State Legislature set out to incidents, because this provision refers to a hearing within five days not until the eighth day, no mention of offering evidence and arguments of the parties and other in turn gives the judge discretion to adjust the amount of the costs, and this is because not received evidence in the case of liquidation costs and other issues resolved in the sentence, but that requires the settlement to make the sentence determinable. In case of liquidation costs, the tariff is unclear or if the contract provision professional services with all the evidentiary burdens that the convention itself already implies. Furthermore, Article 108 of the Civil Procedure Code provides otherwise, in the event of dispute settlement hearing fee to Attorneys at Law Experts appointed by the judge, not to say that there will also be litigated collaterally.


It is no doubt that all these issues relate to the ways of realizing the sentence for which he obtained favorable, allowing the legislator, particular substances to settle few sentences to give, to do or not do, because in some of these foreclosures come to admit the reply and the rejoinder, that have nothing to do with the rules for the substantiation of the incident, although it seems. Why are these procedures related to the atypical primary process.

Sunday, April 26, 2009

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MEDIATION AND ARBITRATION TO THE BAG TRIAL

Courts in Mexico and the rest of the world, can hardly grow in proportion to the number of conflicts before they arise, for trade relations and other interventions are producing increasingly necessary bodies courts responsible for the administration of justice.

This results in the enforcement and administration of justice is becoming less efficient, and therefore conflicts can not be solved quickly and efficiently.

If we add to this diversity of laws, according to the legal nature of the issues in dispute and the procedures and instances to be run in its management and its national and international significance, we must conclude that it is due a solution to the problem that requires everyone involved in this jargon, to find viable alternatives, reliable and feasible. Today

have taken off several alternative means to the traditional role of the judiciary as the ultimate governing enforcement and administration of justice.

Mediation Arbitration and now represent great importance to alternative conflict resolution, although it has a good time to be implemented at national and international contractual relationships of a commercial nature. It has realized the Congress.

The United Nations International Trade Law in 1993 included in our Code of Commerce the Model Law on International Commercial Arbitration reformers in their Title IV of Book Five, and the Code of Civil Procedure which provides for alternative mechanisms commercial arbitration. It was the National Chamber of Commerce of Mexico City, which first offered the services of administration of these services arbitration.

Since then all the sectors involved in the interest of giving an immediate solution to the conflicts of various kinds charged interest in these alternative procedures of mediation and arbitration.

But only through properly designed programs and highly qualified third parties can obtain successful results and noticeable impact on the use of these mechanisms. It is also improper means to solve these disputes is done under a comparison with the judicial system. These alternative mechanisms for resolving conflicts are neither a panacea nor a solution to the problems facing the judiciary in the administration of justice. The problems facing our judicial system far beyond initiatives how are you. Just these devices offer a range of alternative solutions to conflicts in our society. It is true that many factors involved in the problems they face I always say, the judiciary in general, as population growth and obviously conflict between individuals, the neglect of development programs for judicial personnel, for proper training and the shortness of the budget or public expenditure for better performance in the judicial system functions, but it is here where you should focus the objective of these alternative means, it will be a grave error. Should not be the central argument or purpose leading this movement, to convince those who manage their benefits.

All we engage when social peace is, but do not confuse that with these alternative mechanisms to solve conflicts, going to resolve the problems of the Mexican judiciary.

So these questions arise:

What are the options and modalities that exist in Mexican law?
What these mechanisms are taking place in the professional practice of lawyers Mexicans?
What role does the government in promoting and implementing these initiatives?
Who are the most interested in implementing them?
What models of uniform law should reject or adopt?

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"a risky bet"

The first thing to ask a small to medium investors on whether to enter the stock is offered if the assets are expensive or cheap.
not forget that the stock is a risky investment and therefore depends on many variables. You risk a lot but the prize is always interesting. Bonds

government bonds or private are forbidden word for any conservative investor or for the little professional. Only the very speculators will be willing to incorporate them into your purse and always in small proportion of their assets.
Titles declared in "default" is publicly traded, but its future is any uncertainty payment until each renegotiation does not materialize.
LEARN ABOUT THE CHANGE OF MENTALITY INVESTOR LEARNING TO BE SUCCESSFUL.
Any book dealing with this issue will tell you that the subconscious of one, and will guide the thoughts and actions toward getting rich.
Most people do not become rich because they never commit mentally to believe they can achieve. Maybe some do, but with the first obstacle they give up and fall back into negative thinking, which at the end of the day is the same.
The truth is that many people simply do not understand how money works. I explain what I mean:
Money as a person, is a living thing. Every morning you get up and go to work, you are selling a product ... you are selling yourself or to be more specific, your job. At the time you realize that every morning, their property is up and also have the same potential to work like you, has a very important step in your life. Look at it this way: every dollar you save or invest, is how an employee. An employee that you will to work hard, that he hire more employees (money).
When you're rich, you will not have to sell their own work but you can live off the labor of their property.
Before you start saving and investing ...
also be ... answer this question: Should
to start paying my debts or better from start to invest now?
1. If the debt is "bad debt" or "good debt": A bad debt is an expense, as may be to buy a luxury car. A good debt is a loan applied for, investment purposes. From this comes the second point. 2. The rate of interest. Obviously when we request a loan to invest, we expect a higher return that the bank will charge us for that credit annually. So the answer is simple. If my loan rate debt is higher than the rate of return I give my investment, better pay my debt and vice versa.
Though you may be eager to start investing, you should do what is best for your finances, not for you.
No matter what stage of life are. Your objective should always be to have NO bad debt. Should focus on having many profitable investments. Pay
of First
you ever heard the term "Pay for First" or "Not much you earn each month, but how much is left of what you earn, what will make you rich? These are two simple phrases I have heard many times, but do you practice? These are key practices to start accumulating a large fortune. Especially if you are not yet disciplined with your finances. How many we have not spent that a raise, is a better car, better clothes, a remodel or even a new apartment? Simply increase our spending, but not our savings.
there a study showing that most millionaires in the USA, save 15% - 20% of their monthly income.
How do I start saving? OF FIRST
be paid first is paid in at the time they pay their salary, immediately remove 10% - 15% and saves it in a savings account or a pension fund. Please do not make the mistake of "savings" in the same checking account that pays their day to day expenses and debts, because there will be nothing.
This leaves him in a situation where if you have excessive costs, will have to see what it does to pay its debts. You probably do not agree with me, but believe me this is the way forward "Who is rich at this point you or I? Obviously the best would be to pay first and then had no trouble paying their debts. People who earn money as investors have focused on money making money. In addition, there are tax advantages not available to people who have to work for the money. According to the bestseller
Cashflow Quadrant Robert Kiyosaki's money, the rich are more rich because they can legally make millions and pay no taxes on that money, earn money from their investments, their assets and not as employees or self-employed, ie a salary, fees or wages. Unfortunately
employees who work for money, not only are taxed at high rates, but also that these taxes are withheld from your paycheck and never see that part of their income.
Why do not more investors or investors? The answer is because of the risk, people do not like the idea of \u200b\u200blosing the money earned with great sacrifice.
According to the fear of losing money we can divide people in: 1 .-
only play it safe, keep their money in the bank. 2 .-
to let the financial consultants or managers of unit trusts to invest for them.
3 .- Those who play with the possibilities.
4 .- Those who are investors and invest based on their skills.
The good news is that risk can be eliminated or reduced, for this we must know the rules of the game. Par
be a good investor should always ask how long will recover their money and that income will recover after its capital?
To succeed as an investor has to take time to learn. Being
investor requires skills and mental attitudes that are proper.
No more monthly retirement pension for the rest of his life, and for which pensions are defined contribution retirement that is formed solely by the amount contributed, if they retire at age 65 and begins to live based on your defined plan, assuming say ran out of money at 75 then what will?. Currently
need to know how to invest and we are not taught in schools. We can not rely on the government or the state or a company. Many people have spent their lives avoiding the financial risk but now have to face.
By the nature of those who have been or are self-employed workers and security require that seek to secure employment or start small businesses that can be controlled, the paradox is that being an investor is synonymous with "risk."
1 .- People look for security and use the word diversification is a strategy to keep investing, but is not to win.
why the rich and successful investors do not diversify but are making efforts to reduce the risk.
A portfolio concentrated in a few investments is a better strategy because it requires more intelligence, more agile ideas and actions.
average investors usually avoid the volatility because they think it is risky but the real investor thinks otherwise. 2 .-
investors looking to buy shares in financial security premium because companies believe they are safer but the stock market is not.
3 .- Many people gave their money to mutual fund managers, because they believe they will do a better job themselves, which is fine for those who do not want to become professional investors. What I do not know is that funds are also risky in case of a stock market crash.
Many people think that their pension plans are safe, in fact they are not, in the event of a fall in the bag or a great depression, his plans could disappear.
must change our thinking and see things, forget about their financial security is the responsibility of the company or the government are obsolete ideas of the past industrial age we are in the age information.
best to be prepared and educated to be a business owner and investor, that way we will prosper regardless of the direction taken by the economy.
According to statistics by living 75 years should at least go through a depression and two major recessions.
Today we must learn to be an investor, rather than entrust their money to someone to invest.
You can invest with low risk and high returns just have to learn to do, is, like biking, you fall at the beginning then becomes natural.
Instead of avoiding the risk must learn to handle it. Times have changed but many people do not have. The secret is that
do not need money or formal education to have financial freedom and not have to be risky.
The price to pay is the dream, the desire and ability to overcome adversity. Investor
Commandments - deadly sins to avoid any investor:
1. Pride. As an investor is more successful in its operations comes a time in which he believes is the best investor of all and nothing can go wrong. It is at this time that the investor is more vulnerable to himself, and possibly have the largest investment position or that has ever had. But this is where most disastrous can happen, because success can cloud their view making believe that he already knows everything he or she needs to know about the market and how to negotiate.
2. It should not be "over-negotiate." One of the biggest mistakes of novice investors is that "over-trading", ie, choose to enter the market more often than necessary. This generates substantial losses, because each time he or she enters the capital market is exposing a greater number of transactions that are instantly reflected in profit and can, conversely, increase losses. Also with the increase in the number of transactions increases costs: spreads, commissions or slippage in the execution of an order. One of the most common misconceptions between the novice investor, it always has to be on the market, but in being so the investor is not given enough time to pause and eventually lost due to adverse market conditions.
3. We must not chase the price. Never chase price, and that by doing this will come to a level that would alter the risk / reward that led us to consider this transaction and probably violate the technical or fundamental conditions we had at first. Investors who chase the price generally find that this turns against him, which immediately increases the likelihood of activating the stop or incur a loss than anticipated, primarily by the precipitation of the investor to establish a position. Never chase the price for that at the time you get there, the technical reasons that led him to think of this option will never be the same and this makes the risk / reward is favorable. Another of the mistakes of novice investors is to remain trapped in a transaction not carried out, ie, when they say "if you had bought at this price, I would have won 50 %...". The key to the success of an investor is to not pay attention to any transactions that have been wasted, but to focus on potential future transactions. A missed opportunity often serves as confirmation that the investor was right in his analysis and this analysis will in the future to find new opportunities that can generate profits. Remember that a missed opportunity is better than a capital loss.
4. We must learn from mistakes. The most common mistake is to not admit they made a mistake, accept the consequences and close the position. Instead what many investors do is keep their pride and stick to a losing position just to avoid admitting they were wrong. Pride has no place in the market, this only leads to devastating losses, especially if the investor has had a winning streak and feel invincible. Only one investor can be proud of when it is able to admit their mistakes and get away from a bad position, for which it is necessary to use stops to minimize losses due to these errors. Errors must be to learn from experience, the investor may not know all the tactics that work, but to err knows which do not work and will not repeat that mistake twice .... Or three.
5. The capital is sacred. One of the fundamental principles in the financial world is the management of capital and many investors negotiate without limiting their losses by using stops. The stops are not an option when negotiating, are required if you want to preserve capital and should be used for eliminate guess work "should I close the losing position or perhaps hope that the price was put in my favor?". This kind of thinking can destroy an investor, why not use a stop and not take a decision together with adrenaline and hope that things improve is the perfect recipe for disaster. The stop loss is certain, an investor should never settle without knowing your limit or stop loss. Trading without a stop exposes the investor's capital to a total loss, which should never happen when you open a position. The key to any successful investor is to minimize losses and maximize profits. Losses are inevitable, the problem is as soon as the investor wants to deal with them, because a little without a stop loss can quickly escalate into a total loss of capital. Do not be proud, use stop: nobody is right 100% of the time. Each time you open a position, you must determine in advance what their level of losses and hence the stop, because the only thing certain is how much you can lose and never lose more than risks. An investor should never lose more than what he or she risks as long as they keep the risk / reward positive.