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[QUOTE=MCSE]If you are found guilty of murder for the 1st time, you can stay as maximum 5 years in prision. If you are 70 and older you can stay at home. This includes killing someone with a car.[/QUOTE]I hope whoever is selling you this shit isn't a lawyer or your going to get some very bad legal advice.
1st - Killing someone with your car (accidentally) is "Homicido Culposo" under the article H84 of the Penal Code and the maximum penalty is 3 years and any penalty of three years or less is "excarcelable" which means you don't do hard time. If you are already doing "soft" time when this happens, the judge can add both and then you do some hard time.
2nd - Killing someone with a car or a gun or a kick in the nuts (purposely) is "Homicidio Simple" and you are going to do time for it. The fact that you carry an unauthorized concealed weapon can even be considered premeditated and you are going to do some serious time. A good lawyer can work it so you get a minimum of time behind bars but even five years in an Argentine jail being someone's ***** isn't Summer camp.
3rd - If you are over 70 and have a decent attorney you can do the time in your own home. That is IF you have your own home. If you don't, well look at some hard time till you are deported to your own country.
Of course, the point to this discussion is not if you do three years or if you do 30 years. It's about "Is it worth it for $50?"
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[QUOTE=Aqualung]I hope whoever is selling you this shit isn't a lawyer or your going to get some very bad legal advice. [/QUOTE]Funny reply, in fact if someone (or even yourself) needed criminal advice I have a close friend who is one of the best criminal attoneys at law in the city, very recognized. I wish to be a lawyer myself in the future as well as I have already my profession, but I really don't like dealing with street criminals nor their families, etc. I hope to work on commercial and civil issues.
The info I have posted however it's based on the news, in fact just a small research in google. Com. Ar if you are able to read in spanish will give you an idea, of course a general vague idea about the jurisprudence (a kind of equivalent to the common law) as I have posted, here some examples are: [url]http://www.eltribunosalta.com.ar/edicion-salta/policiales/20070902_212640.php[/url]
[url]http://www.eldia.com.ar/edis/20070830/policiales0.htm[/url]
[QUOTE=Aqualung]
Of course, the point to this discussion is not if you do three years or if you do 30 years. It's about "Is it worth it for $50?"[/QUOTE]But remember that you may also get killed when robbed. It's not just about paying. This is Street Crime!
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[QUOTE=MCSE]Funny reply, in fact if someone (or even yourself) needed criminal advice I have a close friend who is one of the best criminal attoneys at law in the city, very recognized.[/QUOTE]I hope the opinions in your earlier mail were your own and not your friend's.
And both examples you give are
First - of "Homicidio del Art. 84 del Código Penal or "Homicidio Culposo"
Second - Lesiones del Art. 94 del Código Penal or "Lesiones Culposas"
Great examples of exactly what I was telling you in my last mail -
If you can't understand the difference I really don't suggest you try a legal career.
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[QUOTE=Aqualung]I hope the opinions in your earlier mail were your own and not your friend's.
And both examples you give are.
First - of "Homicidio del Art. 84 del Código Penal or "Homicidio Culposo"
Second - Lesiones del Art. 94 del Código Penal or "Lesiones Culposas"
Great examples of exactly what I was telling you in my last mail -
If you can't understand the difference I really don't suggest you try a legal career.[/QUOTE]I don't think I need legal advise to express a simple idea Aqua:
The fellas were asking about liability AND weapons carrying INCLUDING fire weapons and that's why I have posted the renar link.
I'm not providing any legal advise as I'm NOT an attorney and I just wanted to expose that the span of time in prision if you are found guilty for MURDER it's "garantista" in Argentina, not meanning the "penal" (criminal) code but the "jurisprudencia" (kind of common law) because very soft penalties are applied, as in the US the time in prision it's longer and in some states it's even possible the prissioner to get killed by the authorities when found guilty for murder.
Again, my source it's nothing but the news.
I have never menctioned the lesiones culposas. That's the way you understood it and I'm sorry if my post wasn't that long and accurate, I have just exposed that you can even kill someone using a car, either accidentally or not.
And thanks for your suggestion but I will follow the career I want as I did in the past and I hope never to deal with death, assesinations, murder, ugly stuff, police, and disgusting things like that. My stuff it's on the side of beauty, models, girls, and things like that.
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[QUOTE=MCSE] My stuff it's on the side of beauty, models, girls, and things like that.[/QUOTE]Now that's something we can agree on.
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Just a note on this interesting thread, I read today in the Buenos Aires Herald that a guy shot someone that had entered his house and was making a robbery. The shooter was put under arrest until it could be proved he shot the robber in self defense.
I guess the guy should of been more polite.
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[QUOTE=Bacchus9]Just a note on this interesting thread, I read today in the Buenos Aires Herald that a guy shot someone that had entered his house and was making a robbery. The shooter was put under arrest until it could be proved he shot the robber in self defense.
I guess the guy should of been more polite.[/QUOTE]Always an interesting question as to when lethal force can be used on someone breaking into your home. Many states in the USA have very different approaches, but the scenario noted above happens in the states as well. I am guessing Thomaso can enlighten about this, especially about his home state. As I recall Texas has some of the "best" legislation in this area. I personally support any law that let's you put a round through anybody who comes into your home uninvited. If you don't want to get shot, don't enter a home that is not your own without permission. Easy!
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Florida has beome more self-defense friendly as well.
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In the past few years many states (perhaps most states) have passed "Castle Doctrine Laws". The NRA has been trying to get these and right to Stand Your Ground Laws passed.
[Quote]A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal concept derived from English Common Law, which designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend that place (his / her "castle") and / or any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. Within the legal paradigm, therefore, it functions as a type of justifiable homicide.[/Quote]I would rather have to explain why I killed an intruder than be dead.
Always remember this; "I thought he had a weapon and I was in fear for my life."
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Actually, I believe in the individual's right to own and carry a gun. It might have sounded as if I wasn't but it's just that there is a huge responsibility in carrying a gun.
You use a gun in this country and you are going to be held responsible. If you used it correctly your troubles are going to be less but if you use it incorrectly you are going to have to pay (like most every other countries in the World) Never get the idea that killing a person is taken lightly. You'll find many articles in the papers about people getting away lightly but that's why those stories are in the papers because they are unusual cases that make headlines. Ask the tens or maybe hundreds of thousand others behind bars if the local legislation is light!
I agree wholly that sooner or later you will walk from prison but you'll never get up out of the grave. The point is, most of you guys on this forum aren't going to find yourselves in life endangering situations so why risk spending the next three or thirty years of your life in the clink? To defend the fifty bucks in your pocket? That doesn't sound like making sense to me!
And there's defending your pride or honour or whatever you like to call it but I still have to find someone that can explain to me how he defended his honour while he's being ass fucked in Devoto jail.
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[QUOTE=Aqualung]Actually, I believe in the individual's right to own and carry a gun. It might have sounded as if I wasn't but it's just that there is a huge responsibility in carrying a gun.
You use a gun in this country and you are going to be held responsible. If you used it correctly your troubles are going to be less but if you use it incorrectly you are going to have to pay (like most every other countries in the World) Never get the idea that killing a person is taken lightly. You'll find many articles in the papers about people getting away lightly but that's why those stories are in the papers because they are unusual cases that make headlines. Ask the tens or maybe hundreds of thousand others behind bars if the local legislation is light!
I agree wholly that sooner or later you will walk from prison but you'll never get up out of the grave. The point is, most of you guys on this forum aren't going to find yourselves in life endangering situations so why risk spending the next three or thirty years of your life in the clink? To defend the fifty bucks in your pocket? That doesn't sound like making sense to me!
And there's defending your pride or honour or whatever you like to call it but I still have to find someone that can explain to me how he defended his honour while he's being ass fucked in Devoto jail.[/QUOTE]Anytime someone carries a weapon they need to understand the great moral and legal responsibility that goes along with that. I tend to agree with your post, as far BsAs goes however if I lived here I would have some form of protection in my home.
You should think long and hard before deciding to carry a weapon (not just guns) especially outside of your home country. I don ’t think anyone wants to end up in an Argentine jail, or any jail for that matter, there is a reason they call it the “pokey ”!
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[QUOTE=MCSE]Again, my source it's nothing but the news.[/QUOTE]MCSE: Trust me I know Aqualung personally, and I can tell you that his sources are way more reliable then the news (papers)
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Hi Gang!
Got my pants back from the Tintoderia. I'm out 12 pesos on this whole deal.
No guns, mace, or tactical nukes required.
Kind of sorry I started the whole thing though.
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[QUOTE=Punter 127]Anytime someone carries a weapon they need to understand the great moral and legal responsibility that goes along with that. I tend to agree with your post, as far BsAs goes however if I lived here I would have some form of protection in my home.
You should think long and hard before deciding to carry a weapon (not just guns) especially outside of your home country. I don 't think anyone wants to end up in an Argentine jail, or any jail for that matter, there is a reason they call it the "pokey "![/QUOTE]In my apartment I have a state of the art alarm system that has a back-up system just in case they cut the phone lines. I can from any room in my apartment just press a button and in a matter of minutes an ambulance, or fire trucks, or the police will be at my front door. At night time while I'm sleeping the alarm is on the entire apartment except the room in which I'm sleeping. I once accidentely pressed the panic button and the police were at my front door in less then two minutes. The monthly cost for this security is $116 pesos per month.
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[QUOTE=Timba8]Hi Gang!
Kind of sorry I started the whole thing though.[/QUOTE]I don't think you should be, I think some good info has been posted, and without anyone getting upset. That's what the forum should be like, IMHO