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Mexico's "recurso de amparo" is found in Articles 103 and 107 of the Mexican Constitution —the judicial review of governmental action—to empower state courts to protect individuals against state abuses. Amparo was sub-divided into five legal departments: (a) the Liberty Amparo (amparo de libertad) (b) the Constitutionality Amparo (amparo ...
The Code is established by an organic law, the Organic Law 10/1995, of 23 November, of the Criminal Code (Ley Orgánica 10/1995, de 23 de noviembre, del Código Penal). Section 149(6) of the Spanish Constitution establishes the sole jurisdiction of the Cortes Generales over criminal law in Spain. The Criminal Code is structured through two books.
The special notion of criminal penalty, at least concerning Europe, arose in Spanish Late Scholasticism (see Alfonso de Castro), when the theological notion of God's penalty (poena aeterna) that was inflicted solely for a guilty mind, became transfused into canon law first and, finally, to secular criminal law. [7]
Recopilación de las leyes de los reynos de Indias Archived 2012-06-29 at archive.today (in Spanish), links to PDF files, facsimile (non-searchable) version of the compilation on site of the Congress of the Republic of Peru. Recopilación de las leyes de los reynos de Indias (in Spanish), Microsoft Word .DOC format "Indies, Laws of the" .
The first contact a defendant has with the criminal justice system is usually with the police (or law enforcement) who investigates the suspected wrongdoing and makes an arrest, but if the suspect is dangerous to the whole nation, a national level law enforcement agency is called in.
The American Model Penal Code defines the purpose of criminal law as: to prevent any conduct that cause or may cause harm to people or society, to enact public order, to define what acts are criminal, to inform the public what acts constitute crimes, and to distinguish a minor from a serious offense. [2]
In criminal law, mens rea (/ ˈ m ɛ n z ˈ r eɪ ə /; Law Latin for "guilty mind" [1]) is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of mens rea and actus reus ("guilty act") before the defendant can be found guilty.
To commit a criminal offence of ordinary liability (as opposed to strict liability) the prosecution must show both the actus reus (guilty act) and mens rea (guilty mind). A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time.