How to assert your rights?

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The person who wants to assert his or her ownership of the property will have to appear in the criminal process or exercise the action of third party ownership,   proving that he or she obtained it lawfully and that he or she is a bona fide owner not responsible for the crime, that is, that it is not a person brought in to prevent the confiscation of the effects, instruments or profits derived from the crime of which he is aware or of which he could suspect with minimal diligence. How is domain third party formulated? The third party owner of the property who wants to avoid its seizure or seizure may file a claim for third party ownership in the criminal execution file. Appeals against the inadmissibility of the domain third party claim If the execution is carried out by a Provincial Court, faced with the resolution by which the claim for third party ownership is inadmissible, you can file an appeal. If the appeal is rejected, a cassation appeal may be filed against the order that rejects the claim .

Of course, as long as it complies with the jurisprudential criteria defined by the High Court - th respect to third-party ownership, the cited ruling states that since it involves the execution of the ruling of a criminal sentence that directly affects the ownership of a third party's property, of which they are deprived when the confiscation is carried out, whatever is decided In this regard, it affects a part of the ruling of the criminal DM Databases sentence and, therefore, there is an appeal against the order of inadmissibility of the third party domain action exercised.Provide false information about your personal and financial situation. If the sentence is revoked for any of the aforementioned reasons and the convicted person has paid what corresponds to him for the civil liability of the crime he committed, those amounts he paid will not be returned. But the judge will take into account and record in the process documents the payments made by the inmate and the fulfillment of community or other work that he has carried out.



Conclusion There are some circumstances that allow a person who has received a prison sentence for the commission of a crime to obtain a suspension of the custodial sentence. But the suspension is not automatically granted by the courts. For this to happen, it is advisable to seek the advice of expert lawyers in criminal matters , who will be able to advise on the possibility of processing this suspension, according to the case, and carry out the necessary procedure. It is important that the defense has a solid strategy that allows it to argue and convince the judge that the convicted person deserves to receive the suspension of the custodial sentence.Violation of substantive law. Error in the assessment of the evidence. Once the appeal has been filed, the other parties have 10 days to make allegations and, then, the files are submitted to the Superior Court, which must decide after holding a hearing (or it may not be held). The sentence must be issued in 5 days or 10 depending on whether there is no hearing or if there is one.