Category Archives for "Legal resources"

Jun 21

Types of legal resources

By John Buchanan | Legal resources

Legal resources are procedural actions that enable the eradication of irregular and unlawful acts adopted in the administrative procedure. The basic allocation of remedies is on a regular and extraordinary basis, and the criteria for the division are derived by the moment they can be used, the reasons and possibilities for their use.

Regular remedies are those that are normal as the possibility of challenging an administrative act before it becomes final. The procedure for them is appellate and the regular stage of the administrative procedure. The only regular legal remedy in an administrative procedure is an appeal. The deadlines for its use are short and, as a rule, there is a delay, and in principle, it can be invested due to any violation of material or procedural laws.

Extraordinary legal remedies are used against final, excellent and enforceable administrative acts, i.e. Contrary to acts that can not be challenged by an appeal. As a rule, extraordinary legal remedies have no suspensive effect. In a sense, the procedure towards them is a new procedure and can only be used if an appeal has been previously used. The entry is due to serious violations of the laws and the deadlines for their use are longer (in relation to deadlines for appeal). There are seven of them:

– Repeat the procedure

– Changing and canceling the administrative dispute resolution

– Request for the protection of legality

– Annulment and termination based on official supervision

– Abolition and alteration of a final decision with the consent or at the request of a client

– Extraordinary cancellation of

– Announcing the solution to the inevitable.

The final administrative act is the one against which there is no place of regular legal remedy, that is, which can not be appealed against, and such are all other administrative acts as well as the first instance in which the appeal is not allowed. A legally binding administrative act is one against which they can not use the appeal or conduct an administrative dispute (the decision has become final, the administrative dispute is not allowed, the deadline for the application has passed or the administrative dispute has been filed and the appeal rejected). The executive administrative act is any final and final administrative action, as well as the one with no call, but has not yet become final or enforceable.

Specific case or predetermined

The means of legal protection can be determined separately in each particular case, taking into account many different facts, including the amount of damage caused to the victim. Funds can also be determined in advance for the whole class of cases. For example, a fixed penalty may be imposed for all violations of a legal norm, no matter how much damage is done in a specific case.

Jun 21

Criminal acts – drugs

By John Buchanan | Criminal defense , Law , Legal resources

Possession of an illegal drug constitutes a criminal offense under Article 10 of the Law on the Abuse of Drugs and Trafficking in Human Beings of 1985 (NSV). The maximum sentence is two years in prison. To prove possession, the prosecution must first prove that:

– The illegal drug was in possession of the accused person

– A person knew she was in possession of an illegal drug

Each accused person may have a defense if:

– The substance is not forbidden

– The substance was not in your possession

– You did not know that the substance was in your possession

Do you get a criminal record?

According to the verdict, you can be sentenced to imprisonment of up to 2 years. However, the maximum penalty for someone who has files and the past of criminal charges.

Is there a court order and a failure to appear in court?

The police will sometimes have the opportunity to make a written statement. In that case, you can declare yourself guilty and avoid going to court. This is not recommended. It is always better to appear to the court personally, and it is advisable for you to be represented by a lawyer, especially if you hope to avoid criminal convictions. Work shall be subject to a maximum sentence of 2 years in prison. Attending the court, you show judges to understand your actions and accept responsibility seriously.

Are police allowed to use sniffing dogs to detect drugs?

dogMany people who are accused of possession of drugs have discovered a police dog. If a cop suspects and has justifiable reasons to have an illegal substance in their possession, they can stop you in a detailed search. It’s important:

– Police do not need to use means for finding drugs if a person is asked for a sports event, concert, parade

– The order is also not necessary in case of police raids in bars and pubs.

Do I have the right to quit?

Of course, you have the right to feel. You will no longer be punished for not completing the question. If you have cooperated with the police that can be at your disposal during the trial. If you are in doubt, seek legal advice.

What is the case of drug supply?

The supply of illegal substances is a much more serious charge of possession, and the maximum sentence is between 15 years and life imprisonment. A person will be charged with possession when the amount of substance is below the quantity to be transmitted and where there is proof of supply (e.g., Large amounts of money or small supply). The quantity of supplies for each drug varies, but as an example, methylamphetamine has an amount of 3 g that is transmitted, and ecstasy is 0.75 g. When the amount of drugs found in an individual’s possession is above the amount transmitted, the prosecution can respond to the weight to prove that the drugs were for supply.