Dear, come in to tell a dream I had
Aysén "Negligence?
is understood as a lack of prudence due to the specific case, which, in tort should be all that it avoids the production of a damaging event.
The work of diligence by the State mainly due to the order contained in Article 1 of the Constitution, which is that state serves the individual and its purpose is to promote the common good, which related to other provisions will further instructs that his actions have to be: Legitimate
· , ie fulfilling with laws and regulations.
· not arbitrary, respecting people, avoiding unfair discrimination. Responsible
· , making this the responsibility of the staff when it incurs. Caused
· , ie the principle of legitimacy can only act in the law, not discretion.
All this, within the framework of what happened in Aysen, lead to investigate the possible liability that the state has to do this on their staff, through their own oversight role, subject to legal action if they are appropriate.
Indeed, to achieve our result is that we must distinguish between:
Aysén "Negligence?
is understood as a lack of prudence due to the specific case, which, in tort should be all that it avoids the production of a damaging event.
The work of diligence by the State mainly due to the order contained in Article 1 of the Constitution, which is that state serves the individual and its purpose is to promote the common good, which related to other provisions will further instructs that his actions have to be: Legitimate
· , ie fulfilling with laws and regulations.
· not arbitrary, respecting people, avoiding unfair discrimination. Responsible
· , making this the responsibility of the staff when it incurs. Caused
· , ie the principle of legitimacy can only act in the law, not discretion.
All this, within the framework of what happened in Aysen, lead to investigate the possible liability that the state has to do this on their staff, through their own oversight role, subject to legal action if they are appropriate.
Indeed, to achieve our result is that we must distinguish between:
· Political Responsibility: The ultimate effect of this responsibility is to the discredit falls on the officer, by virtue of their ill-advised work, which pursues the term of office
· Criminal Liability: When the act committed by the staff is so reprehensible it is possible to configure the typical causal forces the judiciary to become a party to remedy the shattered order seeking the conviction involved .
· Liability: Drifting in the case of economic losses suffered for the victims and the moral as they come, in fact, what is presented as necessary to determine if a public official seriously missing its obligations to respond civilly.
Aysén The case is particularly special, since in theory respond to a fortuitous event, which is a contingency which is impossible to resist. Necessary to present the BREAKDOWN of the term based on what happened.
· Unexpected: Indeed the occurrence of an act of nature most cases be a fortuitous event, is the fact that Chile is a seismic country, even to qualify an earthquake of a fortuitous event.
But the facts of the case give us a valuable data, which is that the area was a condition of geological hazard, due to the constant pursuit of earthquakes since January, which according to experts, unlike the government's official version (if it exists in some cases), indicating the early occurrence of any event of connotation as landslides and possible tsunami from an earthquake under consideration. Of course, by its very nature random, only the level of a possibility. Notwithstanding the above we can draw the following conclusions:
§ The defense of Chile is a country that does not originate in seismic the species, since we were dealing with a complex picture of seismic activity that experts had been predicted based on their experience and scientific studies. §
geomechanics The condition of the rocks of the fjord is an element known to experts, to which can not be maintained any unforeseeable circumstances, concluding that there must have been a contingency plan.
§ And most importantly, human life is the most precious treasure you have to take care of the state. Indeed at the mere possibility that an event came to fruition so damaging is that should mobilize all its equipment to prevent what happened.
· Unable to withstand the consequences : Closely related to this is that under the seismic condition present and the local geomechanics have been completely avoidable harmful consequences if we had an a priori contingency plan that at least in theory have identified the risks patent and given measures (which is something, compared to nothing). Unfortunately the condition of insecurity, experts say, as the head of seismology at the University of Chile, Carlos Aranda, who also attended and experienced the tragedy, is maintained and sustained, with the words reading "we speak colloquially of an earthquake, when there is a more widespread disaster, "so From my point of view can be brought back terrible consequences attention to neglected work of our Administration.
In this species, the unfortunate deaths are imputable to the State, so it is necessary to establish the alleged perpetrators.
The main authority responsible for administering the country is the President of the Republic, whose mission delegates functions in the bodies created by law for specific tasks.
In view of this is that we have at first glance the following suspects:
• The President and the Mayor to be his face visible in the area and may also appropriate governance.
· The National Emergency Office
Why?, because these bodies are endowed with the power to issue technical standards on the subject, abandoned work based on the evidence of public knowledge, supplied by the victims themselves, as omission resulted in the death and disappearance of people, act defined as a quasi-homicide at first glance, to be a fact that caused the death convicted, but I dare to go further.
In criminal law the conduct constituting the offense do not necessarily have to be active, but also negligent. The requirement itself, which must exist to categorize the behavior straight crime is the presence of fraud, which can occur in several ways:
· Dolo Direct Grade 1 : The positive intention of inferring loss or damage on the person or property of another, which in homicide is the murderous intent. Example: If I kill X developing a plan and then the concrete. Dolo
· Direct Grade 2: Consists of the predictability of the harmful effects of the act, assuming them to be true and acting anyway.
Example: but if X, 'believing themselves to save the innocent "fly in a planeload of passengers and my medium is by detonating A grenade was also clearly the passengers die, if I accept it and detonated the device they concur on this fraud.
· Dolo Eventual: Consists of the predictability of the harmful effects of the act, and act to accept the possible occurrence anyway.
Example: If X, "the unfortunate", has to travel with me and I get drunk, aware of the possibility of having a fatal accident occurs incur in this fraud.
In short, I do not have any evidence or argument to accuse the administration of direct malice, however is entirely possible the assessment of potential fraud, as in the species:
area risk was known and its residents had requested assistance.
In the hypothetical occurrence made the fatal outcome was certain, just by chance.
The "Out of Service" is a remarkable neglect of duties, especially experienced authorities on the subject that could not fail to be aware of what happened
claim to have sent information (constituting confession, although no test against, certifies that the condition was known)
In summary the requirements are set to establish that there was possible fraud, an offense of murder by the authorities in breach of their duties. (Other is that by to steal money embezzlement by its omissions "steal" lives), which I think exceeds the characteristics of a typical negligence, being clearly more serious.
Under the principle that penalties are personal our office is saved from my criminal charges, but not administrative, especially by failing to order the political responsibility of other staff. Finally
must repair any damage that is attributable to malice or negligence, being from tort compensation for all financial and moral damage caused to the victims. This is thanks to the theory of body, whereby economically accountable to the victims not the author, but from whom he depended, for the Treasury (without prejudice to any action that it exercises over those responsible).
hope that another tragedy is not at all. (I have the impression that I hope in vain).
suddenly woke up and felt very relieved that the above never happen in Chile.
The Preacher.