Recidivism of criminal acts by members of the Police in relation to violations of citizen rights require us to raise our thoughts briefly on these facts:
We
the text of the law / Penal Code:
enclose the Code relating to sexual offenses almost whole but it seems to apply advancement are the subsection (b) and (f) of article 144 of lewd acts:
(b) If the victim was compelled to act by the use of force, violence, or immediate threat of serious bodily harm, or intimidation or the use of media hypnotics, narcotics, depressants or stimulant substances or similar means.
(f) When the defendant takes advantage of the trust placed in him by the victim to be a relationship of superiority on grounds to have her in their custody, tutela, educación primaria, secundaria o especial, tratamiento médico o sicoterapéutico, consejería de cualquier índole, o por existir una relación de liderazgo de creencia religiosa con la víctima.
CAPÍTULO IV
DELITOS CONTRA LA INDEMNIDAD SEXUAL
SECCIÓN PRIMERA
De los delitos de violencia sexual
Artículo 142. Agresión sexual. Toda persona que lleve a cabo una penetración sexual, sea vaginal, anal, orogenital, digital o instrumental, en any of the circumstances described below shall be guilty of second-degree felony:
(a) If the victim at the time the fact has not reached sixteen (16) years.
(b) If illness or mental disability, temporary or permanent, the victim is unable to understand the nature of the act at the time of its completion.
(c) If the victim was compelled to act by the use of physical force, violence, intimidation or threat of immediate serious bodily harm.
(d) If the victim has been annulled or substantially reduced, without their knowledge or consent, capacity to consent through means hypnotics, narcotics, depressants or stimulants or similar substances or means.
(e) If at the time of committing the act, the victim had no awareness of its nature and this fact was known by the defendant.
(f) If the victim is subjected to the act of deception, trick, simulation or concealment in relation to the identity of the accused.
(g) If the victim is forced or induced by abuse, physical or psychological violence to participate or engage in unwanted sexual relationship with third party people.
(h) If the defendant has a relationship to the victim, to be ascendant or descendant, by blood, adoption or affinity, or side by blood or adoption to the third degree.
(i) When the defendant takes advantage of the trust placed in him by the victim to be a relationship of superiority on grounds of having it in their custody, guardianship, primary, secondary or special medical or psychotherapeutic treatment, counseling of any kind, or leadership to be a relationship of religious belief with the victim.
If the conduct offense under subsection (a) is committed by a minor who has not attained eighteen (18) years, guilty of a felony of the third degree, to be tried as an adult.
Article 143. Essential circumstances of the crime of sexual assault. The crime of sexual assault is essentially an assault inflicted on the physical, sicoemocional and dignity.
considering the circumstances of the offense will be considered in terms of a person similarly situated with respect to age and gender of the victim.
La emisión no es necesaria y cualquier penetración sexual, sea ésta vaginal, anal, orogenital, digital o instrumental, por leve que sea, bastará para consumar el delito.
Artículo 144. Actos lascivos. Toda persona que, sin intentar consumar el delito de agresión sexual descrito en el Artículo 142, someta a otra persona a un acto que tienda a despertar, excitar o satisfacer la pasión o deseos sexuales del imputado, en cualquiera de las circunstancias que se exponen a continuación incurrirá en delito grave de tercer grado.
(a) If the victim at the time of the matter is under sixteen (16) years.
(b) If the victim was compelled to act by the use of force, violence, or immediate threat of serious bodily harm, or intimidation or the use of media hypnotics, narcotics, depressants or stimulants substances or similar means.
(c) If the victim of illness or temporary or permanent mental defect, was unable to understand the nature of the act.
(d) If the victim was compelled to act by the use of deceptive means to obliterate or diminish substantially, without his knowledge, his capacity to consent.
(e) If the defendant has a relationship to the victim, to be ascendant or descendant, by blood, adoption or affinity, or side by blood or adoption to the third degree.
(f) When the defendant takes advantage of the trust placed in him by the victim to be a relationship of superiority on grounds of having it in their custody, guardianship, primary, secondary or special medical or psychotherapeutic treatment, counseling of any kind, or leadership to be a relationship of religious belief with the victim.
References to the use of force and violence emerge from the evidence as the fact that visibly affected people reject the acts of the aggressor, which has emerged as a way to excuse the acts alleged officers of the procedures to be arrests of members of the police.
argue the grounds for excluding criminal responsibility for crimes very special to be known as:
Article 28. Exercise of a right or fulfilling a duty. Incurs no responsibility at work in compliance with a legal duty or the lawful exercise of a right, authority or duty.
We note that the grounds for excluding criminal responsibility are in effect as an act of judicial review has been submitted once the existence of elements of the crime. It is a defense before the commission or omission criminal. It is simply inappropriate and highly objectionable that members of police forces commit acts (and procedures) of dubious legality protected by their acts under color of authority must be excused. It is giving carte blanche to the police forces in the name of his alleged violation of all responsibilities and any citizen's right. It is unthinkable and unacceptable as an argument, in fact exacerbates the criminal nature which is committed by a person whose responsibility and duty is precisely to defend the rights of the person assaulted.
We submit that comoquiera no aplica (ni de defensa) ya que no satisface el requisito de "l egítimo ejercicio de un derecho, autoridad o cargo" ya que la conducta es ilegítima en su faz.
Es una violación crasa del elemento de confianza que es elemento medular del sistema de derechos en Puerto Rico.
Debemos notar que el elemento de la confianza se puede interpretar como la confianza que fundamenta la relación entre un ciudadano y un oficial policial a pesar de que en los hechos se encuentren en una situación conflict.
Trust is an integral part of the functions and duties of police officer, is installed on your duties or obligations on account of the Act granting special characteristics of public employee.
Violations of this trust are therefore illegal and punishable forms of their duties. When a citizen is arrested or detained by a member of the police force, the body and its representatives assume interim responsibility of the individual which means assuming responsibility and legal obligation to guard against and prevent violations rights of the citizen. In this way the Trust is involved in the matter of definitions, it is implied in expressions and interact while people may even deny this trust.
Addendum: several additional issues
Let suggest some additional notes, the students arrested by police officers during the course of events peaceful disobedience, we first have to ask, the crime of peaceful disobedience, claiming a representative example Albita Rivera on their expression does not exist, nor is there a student strike offense or crime there picketing or protest, the police actually do not know what crime to charge therefore unknown whether there are certainly ongoing violations which necessarily puts into question the very act of arrest and that the warrantless arrest procedure assumes that the officer has witnessed or concluded somehow the existence of probable cause to arrest, the familiar doctrine grounds.
is impossible to have a clear perception of probable cause and grounds when do not know the crime: a probable cause of what, "what grounds, what events and how? The above logical questions invalidate the arrest in his face which may suggest very clearly arbitrary and unfair.
In very recent introduction is a new criminal law that declares a misdemeanor the act that impedes O building company dedicated to health and public education. It is understandable that given the irrelevance of the crimes alleged violations of obstructing public roads that reside in the Traffic Law 22 Vehicles, the legislator wished to move to other scenarios, the illegal nature of individuals of hinder in these cases to facilities such as those mentioned in the new rules. It follows that the law operates in this wise that in the absence of a crime, we as a creature of law to make it operational.
Let later that the mere fact that the legislature had to create this new legislation means that the hundreds of people arrested before and who were executed in progress legislation outside the legislative act therefore provides evidence (judicial knowledge mediating) challenging the arrests to prove beyond reasonable doubt that the officers made the arrests did so devoid of probable cause of violations of law. The fact that the legislation was approved after the arrest can not satisfy the procedural possibility of amendment of the arrests since the prohibition of ex post facto law eliminates that are processed by a subsequent offense of creation, that is not the new rule issue applies general principle of law.
We interpret the individual and personal violation of that offense is very easy to understand and implement. What we can not anticipate is how the courts have to consider that crime in the context of a group activity in the manner of a public display and input that legislation could be interpreted as unconstitutional because it violates rights established and ratified such as the Right to picket has resisted repeated consultations of the Supreme Court of the United States and the Supreme Court of Puerto Rico.
Finally, the views of both the Superintendent and the misguided comments of officers like Lieut. Rubin colonel who venture to make statements about the intent (read justiciability) of the contested measures are irrelevant. To investigate whatever they want (if interested, should, internal regulatory changes in the Police) but these are matters of complaints of civil rights violations and, in the worst case of criminal complaints as we have seen in our inspection of the crime of lust, there is ample evidence and desire to denounce the affected citizens, must file, no less blessed or ay or officers or members of the Executive who dare to suggest that there is blatant double standards and special considerations members of police forces for whatever reason. That kind of comment comes from the Governor essentially unconstitutional, come from anyone, undermines the system of our society that proclaims equality and irresponsibly suggests possible impunity for criminal acts and negligence of the authorities. It may be a personal idea of \u200b\u200banyone, but it is a divorced idea of \u200b\u200blaw and under a blanket of false ideals, ideas shields dangerous, oppressive, and repressive ...
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