How to avoid bailiff action?

How to avoid bailiff action?

Jurisprudence judicial error

Apud acta: Judicial acts that are recorded in a record attached to the proceeding in question (a very frequent example will be the power of attorney by means of the appearance of the interested party before the court clerk).

Free Legal Aid: The right of persons lacking sufficient economic means to have the State assume the expenses derived from judicial proceedings (expenses of lawyers, attorneys and other professionals; costs of carrying out tests, etc.).

Attestation: Document issued by the judicial police and containing the confirmation of a fact, inquiries carried out and any other police proceedings aimed at the investigation of a criminal act.

Auto: Reasoned judicial resolution. Form to be adopted by the judicial decision when deciding on appeals against orders, incidental questions, procedural budgets, nullity of proceedings, i.e., when no judgment is required.

Cassation: Extraordinary appeal filed before the Supreme Court against resolutions or sentences handed down in the Provincial Courts and, in certain cases, in the National Court.

Access to justice pdf

In this area, however, citizens have a generalized negative perception. The lack of legal certainty and predictability in the application of the law is, without a doubt, one of the characteristics of the justice system that most strongly marks the perception that citizens have of the institutions and their officials, which is reflected in the scarcity of complaints about crimes.

This perception has its origin, among other factors, in the inefficiency, corruption, abuses and influence peddling that affect the functioning of the agencies, which have led to a scarce investigation of crimes, inadequate procedures, as well as the use of obsolete technologies and information mechanisms.

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In the justice system subdimension related to the functional dimension, 28.5% of the total prison admissions have a sentence, which is a low percentage compared to the 58.4% of the national average.

Likewise, 63.4% of inmates do not have a first instance sentence compared to 35.7% of the national average. However, the budget exercised by the Superior Court of Justice and the Judiciary Council per 100,000 inhabitants is higher than the national level and that of the Attorney General’s Office.

Equal access to justice

Article 122.2 of the Constitution defines the General Council of the Judiciary as the governing body of the Judges, referring the status and incompatibility regime of its members and its functions, particularly in matters of appointments, promotions, inspection and disciplinary regime, to the organic law. Organic Law 6/1985, of July 1, 1985, of the Judiciary, developed this constitutional provision in Title II of Book II.

Another novelty that should be emphasized is that relating to the regulatory power of the General Council of the Judiciary, which must refer, in general, to the purely internal or domestic sphere. Exceptionally, a regulatory power ad extra is recognized, in certain ancillary aspects of the judicial proceedings provided for in this Organic Law.

It is worth noting that, within this new framework, the Council continues to act autonomously, because it prepares its own budget proposal and executes its own expenditure; that is to say, it is not under the tutelage of anyone in budgetary matters. Moreover, in order to adapt to the new regulation, it is stipulated that the first budget of the Council prepared after the entry into force of the reform must justify ex novo all the economic needs of the institution.

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Judicial error example

In accordance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue the present Decree in the Residence of the Federal Executive Power, in Mexico City, Federal District, on

In accordance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in the City of Mexico, Federal District, on the twenty-first day of the month of December, 2008, in the City of Mexico, Federal District, on the twenty-first day of December, 2008, in the City of Mexico, Federal District.

In accordance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree at the Residence of the Federal Executive Power, in the City of Mexico, Federal District, on the second day of the month of December of the same year, in the City of Mexico, Federal District, on the second day of the month of December of the same year.

of the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in the City of Mexico, Federal District, on the twelfth day of the month of December.

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