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What crimes can a lawyer commit in the exercise of his profession? Legal

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Legal professionals face a multitude of criminal risks in their daily activities. Just a few weeks ago, the entry into prison of the lawyer Antonia Magdaleno sentenced to four years for fraud to her old office was known.

On the one hand, and apart from the possible criminal activity of their clients, lawyers can swindle, misappropriate money or property, or unfairly harm their clients. In addition, with their advice, they can contribute to the commission of a crime.

The truth is that the lawyer, like any professional, is subject to compliance with criminal laws and deontological rules. To minimize the risk of incurring in a disciplinary or criminal offense, it is necessary that you remain alert and informed of those behaviors that may give rise to this type of responsibility. As stated by the professor of Criminal Law and lawyer Bernardo del Rosal, a good principle to avoid them is “to review, with some detail, the Code of Ethics for Spanish Lawyers.”

On your own

Most of the convictions of lawyers are for fraud and / or misappropriation, and occur when the lawyer takes money or property from his clients or third parties. In the case of fraud, deception is required, while to commit misappropriation it is enough to abuse the trust placed in the professional.

However, these criminal behaviors must be differentiated from the legitimate collection of their services or fees. The Supreme Court has set a line that separates them. The lawyer commits appropriation who endorses certain amounts delivered to defray the order (for example, for payment to other experts) or those received on behalf of the client once the case has been won. On the other hand, it is not a crime to collect from the advances received on account of their fees.

Professional crimes

On the other hand, with his actions or omissions, the lawyer can, in turn, harm the interests of his client. These behaviors, even seriously reckless, can lead to the commission of a crime of professional disloyalty regulated in article 467 of the Penal Code. Both the defense of opposing interests without the consent of the affected party and the behaviors that produce a “manifest” damage are punished. It is a special crime because it can only be committed by lawyers or attorneys in the exercise of their work. It is appreciated, for example, if by not allocating the money given for a payment, the client’s assets are seized.

Other criminal figures specific to these professionals are obstruction of justice and disclosure of secrets.

Dangerous tips

Lawyers can also participate in the crime that their clients comment. The typical assumption is that of designing a corporate and tax framework that involves some economic crime, but it can occur in other areas.

Sometimes there is a fine line between professional advice and criminal action. As Del Rosal explains, generally, “a legal advisor or a lawyer is not the guarantor of preventing the commission of crimes by a client or by third parties.” As he points out, information on the various possible alternatives available to the client (what is not prohibited, what is prohibited and the consequences), or legal advice in the strict sense, are criminally irrelevant, as long as it remains neutral.

However, if the commission of a crime is specifically proposed or helped to commit it, the advisor will be implicated in a crime or will be criminally responsible. An example is the conviction of a lawyer who falsified the death certificate of his client to request the extinction of his criminal responsibility.

However, there is an area in which the lawyer does have a specific duty to monitor and report his client. Specifically, in the prevention of money laundering. Professionals who do not disclose these actions face an administrative penalty and even a criminal conviction if they contributed to the operation.

Prevention

To avoid risky behavior, Del Rosal recommends advisers and lawyers not to exceed “the limits and standards of our professional functions, no matter how much the client presses for it.” The professor also advises that they be very cautious with the information provided, especially with the advice on action that is offered. In case of doubt, he adds, “it is always better to ask fellow criminals and pay attention to them.”

Compensation

  • Economic compensation. The civil route is commonly used by clients dissatisfied with the performance of their lawyers. Lawsuits to obtain financial compensation are usually filed for issues such as bad professional advice, filing documents after the deadline, or failure to appeal a theoretically won litigation. In all of these cases, the lawyer is accused of causing them financial damage by negligent behavior, but the courts do not always appreciate this malpractice.
  • Millionaire sentence. One of the most serious sentences for a lawyer in civil liability matters was the one handed down by the Provincial Court of Madrid in February 2019. The court ordered a lawyer and his insurer to pay compensation of more than three million euros for having allowed the term to appeal to the Supreme Court a matter about the fair price of an expropriated property. Taking into account the criteria of the high court, says the Hearing, “the chances of success were very high, and even practically certain.”
  • Obstinacy. Listening to the client does not always exempt the professional from responsibility. This is the case of a lawyer who was convicted of insisting on an impossible procedure to win. The Badajoz Provincial Court forced him to pay his old client almost 29,000 euros for not warning him of the obvious risk of failure.

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Mask regime tightened in Krasnodar Territory – Rossiyskaya Gazeta

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In the Kuban, the mask regime has been tightened: now protective equipment must be worn not only indoors, but also outdoors.

The corresponding decree signed today by the head of the Krasnodar Territory Veniamin Kondratyev, extending the high alert regime in the region until October 31.

how explained in the regional administration, residents are required to use medical masks in public transport, when visiting trade objects, consumer services, train stations and other buildings, as well as on the street. In addition, you still need to maintain a social distance of 1.5 meters.

The ban on holding entertainment, entertainment, cultural events remains, except for the cases prescribed in the decree. And the number of participants in business events should still not exceed one hundred people.

As of October 15 in the region fixed 15495 cases of coronavirus infection (of which 106 – in the last day), 11009 people recovered, 336 patients died.

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little more than an update

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Vintage 2021, the best-selling two-wheeler in France is evolving. Now powered by an eSP Euro5 single-cylinder, the new Forza 125 is equipped with traction control, like the Xmax 125, a bubble that rises even higher and a USB socket as standard. Its aesthetic is hardly changed.

In terms of style in fact, no revolution, but more streamlined lines at the front face, sides (which adopt a Z shape) and mirrors. It’s subtle, but behind also the panels are refreshed. Honda announces better aerodynamic performance. Note that the crankcase and the swinging arm have been redesigned to follow the new lines of the trim.

But what we observe first on the bow, it is especially the arrival of a screen which gains 4 cm in height, for a maximum evolution over 18 cm. Always electric, via the left hand control, from its last evolution in 2018. No change in instrumentation, however the pilot will now benefit from a standard USB socket in the storage compartment, which replaces the 12V socket.

In terms of assistance, in addition to the ABS, the Forza now has in-house traction control, the HSTC system, which is generally a lifesaver in rainy or very cold weather. In this regard, the Forza is catching up with its rival the Yamaha X-Max which benefited from it since its last overhaul.

Euro5 standard, the big change?

The biggest change obviously concerns the switch to Euro5 of the Honda eSP single-cylinder, a simple 4-valve shaft with injection and liquid cooling. In order for it to be “cleaner” while remaining as efficient as the old Euro4 block, within the limits authorized for B / A1 licenses, the Japanese engine manufacturer seems to have revised its copy, if the information announced today by press release is indeed the good ones.

Indeed, while the old mono had bore values ​​per stroke of 52.4 x 57.9 mm, the new one would have an enlarged cylinder and a reduced stroke: 53.5 x 55.5 mm, therefore more super square than before. In the end, the 11 kW developed at 8750 rpm are still there, on the other hand on the torque side this engine would lose 0.3 Nm, “peanuts”, especially since this peak torque of 12.2 Nm would tumble almost 2000 rpm earlier, at 6,500 turns while the old value was announced at 8,250 turns. Honda also announces a very lively acceleration, validated by a 200 m DA achieved in 13.3 seconds (!). The manufacturer promises a range of 500 km, thanks to the WMTC “lab” consumption of 2.34 l / 100 km associated with the 11.5-liter tank. In real life it will therefore be necessary, as always, to rely on an additional liter.

Plus 2 kg on the Honda scale?

The cycle part is identical according to Honda. The frame retains its strong steel and the arm remains aluminum. But in working order, this Forza would be 2 kg heavier than the previous one, according to the press kit received: 161 kg against 159 kg on the previous version. In addition, if we compare the technical sheets, we notice its longer wheelbase, 1505 mm against 1490 mm. To check !

And always its little extras: large 53.5-liter trunk for two full-face helmets, SmartKey starting system, via transponder to keep in one’s pocket, which also manages the saddle opening and that of the optional 45-liter top-case, Idling Stop system (stop & start) …

The new Forza will be available from mid-December in metallic gray, pearl white, pearl black, metallic silver and metallic red.

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Households in De Wolden have the highest average wealth

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In the municipality of Assen, the average household wealth has increased the most in relative terms. On January 1, 2019, an average household there had 37.1 thousand euros, compared to 28 thousand euros on January 1, 2018. An increase of 32.5 percent. This is reported by the Central Bureau of Statistics (CBS).

In the municipality of Emmen there was also a relatively large increase in the average wealth of a household from 2018 to 2019, namely 32.1 percent. However, the municipality does have the lowest average household wealth compared to the other municipalities in Drenthe, namely 29.6 thousand euros.

What is the average power?

Every year the statistical office calculates the average wealth of Dutch households. The assets consist of assets such as bank and savings balances and money in an owner-occupied home or business. Any debts are deducted from this.

Home value continues to rise

The average wealth of Dutch households also rose nationally by 12 thousand euros to an amount of 49.8 thousand euros on 1 January 2019. According to Statistics Netherlands, this is mainly because homes continue to increase in value. In 2019, almost six in ten households had their own home. For home owners, their own home constituted the largest part of their assets, at 60 percent. This is followed by bank and savings balances and a substantial interest as the largest parts of the assets.

Older people have the highest ability

Of the age categories’ up to 25 years’, ’25 to 45 years’, ’45 to 65 years’ and ’65 years and older ‘, the last age category has the highest average net worth. According to Statistics Netherlands, this is because people over 65 often own their own home and have little or no mortgage debt. On 1 January 2019, the average wealth for these households was therefore 142.6 thousand euros.

A negative equity is most common in the youngest age category, ‘up to 25 years’. Within that category, about 47 percent has negative assets. That is only 3 percent among the over-65s.

Bloemendaal highest power

The Dutch municipality with the highest average capital in 2019 was Bloemendaal, in the province of North Holland. There, the average household wealth was 381 thousand euros, almost eight times as much as the national average household wealth. The least wealthy was the municipality of Rotterdam, with an average capital of 6.1 thousand euros. This can be explained because more groups live in large cities who generally have little wealth, such as young people, benefit recipients and people with a non-Western migration background.

See below what the average assets of a household were in your municipality on 1 January 2019.

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Simultaneous volley of Iskander-M and Tochka-U missiles was shown on video

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The Russian Defense Ministry has released a video of a massive salvo from the Iskander-M and Tochka-U tactical complexes. The launch of cruise and aeroballistic missiles took place at the Kapustin Yar training ground in Astrakhan as part of the Caucasus-2020 exercise.

According to the plan, before the counterstrike of the main forces of the coalition grouping, artillery and missile subunits “processed” the control points and critical objects of the enemy. For this, two divisions of Iskander-M tactical missile systems, a Tochka-U tactical missile system division, a Tornado-S rocket artillery division, 17 artillery divisions, of which eight are jet and nine are howitzer ones, were used.

As a result, the Iskander-M and Tochka-U complexes simultaneously launched eight missiles of various types, which hit targets at a distance of up to 500 kilometers. The speed of the missiles was about six times the speed of sound.

Let us remind you that the Caucasus-2020 exercise took place from September 21 to 26 on the territory of the Southern Military District and in the Black and Caspian Seas. They were attended by about 80 thousand soldiers and officers, including from Armenia, Belarus, Iran, China, Myanmar and Pakistan.

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They raid hostel in Ponedera for illegal connection to Electricaribe

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Autoriades raided the establishment “Shalom Hostal Spa”, located in the municipality of Ponedera, in order to verify the alleged commission of the crime of fraud of fluids by illegal connection to the electric power service.

The operation, carried out this Thursday morning, was led by Electricaribe, the Attorney General’s Office, the Sijin and the Special Operations Group (Goes) of the National Police, Atlantic section. In its development the existence of a large electrical infrastructure operating illegally was confirmed.

A 112.5 KVA power transformer was found connected to the Electricaribe network. With this capacity, it is estimated that the monthly billing would be higher than 4 million pesos.

The superintendent, Natasha Avendaño García, confirmed that, “despite having the energy service, the establishment is not formalized as an Electricaribe client. The place has more than 30 rooms, more than 40 air conditioners, an auditorium for events with capacity for 200 people, and only paid 130 thousand pesos of energy per month. This value was included in the total consumption of the San Jorge neighborhood community, in subnormality, in Ponedera (Atlántico), thus violating the rights of users who were unaware that they were paying for the energy consumption of the property ”.

The purpose of the raid was to inspect, collect evidence, and dismantle the illegal connection. It was carried out at the request of Electricaribe, in response to complaints from the public and to the refusal of the owners of the establishment to formalize themselves as a user of the company. During the procedure, the hostel manager was captured.

Faced with this case, and given the upcoming entry of the new energy service operators in the Caribbean, the superintendency invited the community and local authorities to keep reporting power theft and other illegal practices that affect the provision of the service and the interests of the users.

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Radeon RX 6000: smallest card as fast as RTX 2080 Ti?

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The new graphics cards from AMD could, contrary to expectations, put Nvidia under considerable pressure.


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Gamers await the unveiling of AMD’s RX 6000 range.

© amd.com

Gamers around the world await the unveiling of AMD’s Radeon RX 6000 series. The new graphics cards are supposed to put pressure on the competitor Nvidia, which recently introduced its new graphics cards with the RTX 3000 series. Little information is available about the performance of the new AMD cards. Well cares

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But for excitement: According to the hardware speaker Apsiak, even the smallest new Radeon GPU should achieve the performance of a Geforce RTX 2080 Ti. Although this is already clearly surpassed by the new RTX 3080, it has so far been considered the fastest graphics card for gamers from Nvidia.

Apsiak’s claim is based on benchmark results from Ashes of the Singularity that were leaked two weeks ago. The graphics card, which is only called “AMD Radeon Graphics”, achieves 6000 points, a value that is on par with the RTX 2080 and RTX 2080 Ti. Specifically, it is said to be the smallest Radeon RX 6000 card, which is traded under the name “Navy Flounder” or Navi 23 and is said to have 40 CUs and 2,560 computing cores. In addition, with Navi 21 (“Sienna Cichlid”) there is also a larger model with 80 CUs and 5,120 cores. A model of the GPU with 60 CUs named Navi 22 is also haunted by the rumor mill. This card could roughly reach the level of an RTX 2080 Super.

Nvidia Geforce RTX 3090: The game changer for ray tracing

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The new BMW M 1000 RR, born to race

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Until now, the “M-Motorsport” series at BMW brought together only the most sporty and exclusive cars, laden with success in motor racing and aimed at customers with particularly high demands in terms of performance, exclusivity and personalization. In the motorcycle field the suffix “M” was only used for accessory packages, such as the “M kit” intended for the latest S 1000 RR, which includes white / red / blue livery, carbon rims, sports saddle, swingarm height adjustment kit, lighter battery and dedicated engine map.

Today, however, the exclusivity of the “M” world is also extended to the motorcycle world, where the House exploits the charm of the “M-Motorsport” series to present a new and muscular range of two-wheeled vehicles (what until now were the HP versions). The first motorcycle to become part of this family is the new M 1000 RR, an anabolized version of the super sports car made in Monaco that comes with a respectable business card: 212 HP, 192 kg and suspension and aerodynamics designed for maximum performance on the track.

On the following pages you will find all the details of the new BMW M 1000 RR.

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The time it takes to admit patients with Covid tripled

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“These long attentions have a great impact on both the patients and the staff,” warns Miguel Torres Morales, medical director of the Urgencies company, and points out that “if these waits increase day by day, the hospitalization management time goes away. to go very fast up ”.

Emerger’s medical officer, Alberto Davidovich, points out that complications when admitting a patient grew at the rate of the increase in coronavirus infections in recent weeks, which put the capacity of the health system to the limit. Yesterday, the percentages of bed occupancy exceeded 90 percent in the public and private sectors.

>> Read more: Dramatic search for a hospital bed in Rosario

“In the private sector it is where we have the most difficulties in locating patients,” says Davidovich, noting that generally patients with respiratory difficulties “go directly from the ambulance to intensive care.”

For Torres Morales, the inconveniences are exacerbated “with social works that have only one place of hospitalization. It is complex, because some patients cannot wait for hours and too it is risky to transfer him to a public hospital, for example to Granadero Baigorria ”.

Currently, says the doctor, the main concerns of the sector go through “human resources, the number of personnel with Covid-19 or who have to be in isolation, and the saturation exhibited by the health system.”

Equipped

Companies dedicated to providing medical services for home care and transfers play an important role in the care of the pandemic. As soon as the first infections were registered in the city, back in March, the chamber that gathers them was summoned by the provincial and municipal health authorities.

Since then, they have been in charge of preparing the epidemiological files of patients who demand medical attention for symptoms compatible with coronavirus. They are also in charge of the telephone follow-up of the people who were diagnosed with the disease and comply with the isolation at home and the transfer of patients who demand hospitalization.

Davidovich highlights that the company added five new mobile intensive care units to the fleet and also increased the number of doctors for telemedicine care, “a service in high demand to prevent the spread of the virus and take care of health personnel.”

>> Read more: Patients wait long hours to be admitted to Rosario while they see how a deceased is removed

Emerger’s benchmark also points out that the firm increased its mobiles by 30 percent and expanded its staff. “We are very well prepared, but we need to improve health indicators,” he says.

Until there is no vaccine, both doctors point out, the recipe is more or less known: reduce circulation to essential tasks, maintain social distance, wear face masks and wash hands frequently.

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Trutnev criticized the pace of construction of dams in the Khabarovsk Territory

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Deputy Prime Minister – Plenipotentiary of the President of the Russian Federation in the Far Eastern Federal District Yuri Trutnev criticized the pace of construction of dams in the Khabarovsk Territory during a meeting in the regional center.

He noted that a comprehensive system of measures to reduce flood risks in the Far East was developed, which, according to the proposals of the subjects, included 38 measures. However, most of them were not implemented.

Thus, in Komsomolsk on Amur – in the villages of Mendeleeva and Pobeda, in the Parkovy and Parus microdistricts – the readiness of the dams is only 1.5 percent. However, according to the plans, in four years the hydraulic structures should be put into operation.

– The project of engineering protection of the central district in the city has been implemented by 63 percent. I would like to speak separately about Komsomolsk-on-Amur. You probably remember what happened in 2013, when they literally held the elements with their hands. I think that everyone should understand that this cannot be repeated, – said the Deputy Prime Minister.

In addition, the money allocated for flood protection in the southern part of Khabarovsk has not been spent.

– The situation is, in my opinion, quite paradoxical: money is allocated, but not used. People are not protected, cities are not protected, enterprises are not protected. We have already talked about this, but it seems to me that the time has come to move on to some more radical measures, because the situation is not yet being corrected, ”Trutnev emphasized.

In particular, control over the construction of dams in the regions can be transferred to the federal level.

– Most likely, we will postpone the point of responsibility, because the Ministry of Natural Resources and the subjects cannot cope with this work. This is for new objects. Regarding the objects under construction, the governors will have to complete everything, – said the plenipotentiary.

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