Friday, April 29, 2011

Milena Velba Transparan

- P. General - P. Special. Crimes against public health. Drug trafficking. Incomplete defenses as duress, necessity and drug addiction.

FIFTH: The third ground under art. 849.1 LEC. for breach of legal provision, having misapplied the attenuating art. CP 21.2, 6. in relation to art. CP 20.1.2. as being regular consumer of toxic substances, having collaborated with the law and be under necessity.
The reason you can not succeed because appellate chosen as the channel, you must absolutely respect the story that made the "factum" that although it describes the events taken by the defendant carrying a large amount of cocaine, 1,979.5 grams with a net weight 73.68% purity, does not include any descriptive element that can support the assessment of any modifying circumstance of responsibility, the application is claimed, explicitly rejecting, however, legal basis fifth, the combination of the elements of the circumstance highly skilled amending Art. 21.6, relating to duress, and this has to be shared.
a) In fact as stated in SSTS. 1530/2004 of 24.7, 8.3 and 359/2008 340/2005 of 19.6, among others, the nature of duress exemption has not been peaceful. It has been framed as a cause of justification and between those of innocence, even among the cases that deny the existence of an action, due to paralysis sufferer who acts under a state of fear.
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