NCPP Native

From use of the Law N 27908, the rights recognized the Indigenous Towns and Communities Native Farmers and will be applied solely Rondas Farmers trained and maintained to the interior of the communities, even though that those would not have an independent legal personality and are subordinate to the communities? 4. From the use of the Law N the 27908, rights recognized the Indigenous Towns and Communities Native Farmers and will also be applied to Rondas Farmers organized in the places where do not exist or are not predominant the communities, although their members are not identified like natives or pertaining to indigenous towns? 5. The constitutional attribution conferred specifically to the authorities of the Communities Native Farmers and to exert jurisdictional functions within its territorial scope, also extends to Rondas Farmers in the application of the legal formula " in which it corresponds and favorezca" , even though that the constitutional disposition only enunciates " , with the support of Rondas Farmers, "? 6. Or in carrying out the jurisdictional functions and/or of the power to take part in the pacific solution of conflicts, recognized the authorities of the Communities Native Farmers and Rondas Farmers, respectively, said social organizations they would have competition to know all controversy that arises in its territory (territorial competition), on any matter (material competition) and with respect to any person (personal competition)? I SAW. FACTORS OF COMPETENTIAL CONFLICTION BETWEEN the ORDINARY PENAL JURISDICTION AND COMMUNAL JUSTICE Based on the indicated thing until this point, happen in necessary to emphasize some factors of possible confliction between the ordinary penal jurisdiction and the communal jurisdiction, derived from the exercise of their specific competential scopes. Among them it is possible to be mentioned some pending questions of resolution: 1. Who and how the content of the competitions is defined (territorial, material and personal) of communal jurisdiction? 2. In the same sense of the material competitions, What punishable facts (crimes and lack) will be of knowledge of the communal jurisdiction? 3. In order to define " cases previstos" , alluded to in numeral 3) of the article 18 of the NCPP, constituents of punishable facts, and put under jur

This entry was posted in General and tagged , , , , , , , , . Bookmark the permalink.

Comments are closed.