More convictions to come? The Netherlands and the US investigate ING for corruption

ING under criminal investigation both in the Netherlands and in the US. It seems things are getting serious for the bank.

http://www.fcpablog.com/blog/2017/3/24/dutch-us-investigate-ing-for-corruption.html

Interesting enough

Whether white-collar defendants are innocent can never truly be known because these crimes are not susceptible to the type of proof that would definitively exonerate a person, making it almost impossible for there to be any Perry Mason moments of vindication. There is no DNA that can establish conclusively what was in a defendant’s mind at the time the conduct took place, so professions of innocence based on a lack of intent can never be proved — or disproved.

https://www.nytimes.com/2017/03/20/business/dealbook/insider-trading-cases-proof.html?rref=collection%2Fcolumn%2Fwhite-collar-watch&action=click&contentCollection=business&region=stream&module=stream_unit&version=latest&contentPlacement=1&pgtype=collection

Venice Commission: Critical analysis of amendments to Spain’s Constitutional Court

The following article, which can be found in the link below, is worth of consideration since it highlights the uncommon turn Spain has taken with the Act of 16 October 2015 amending the Organic Law num. 2/1979. The Venice Commission poses that:

In an opinion that has been adopted on Friday, the Council of Europe’s constitutional law experts, the Venice Commission, conclude that Spain should improve certain amendments to the Organic Law on its Constitutional Court, which attribute to the Court the task to execute its own judgments, although it also notes that these amendments do not contradict European standards. The new powers attributed to the Court include the suspension of officials refusing to implement judgments.
The Venice Commission adopted its opinion on the Act of 16 October 2015 amending the Organic Law no. 2/1979 on the Constitutional Court of Spain at its 110th plenary session held in Venice from 10 to 11 March. The opinion was issued upon request by the Council of Europe’s Parliamentary Assembly Monitoring Committee.
As a starting point, the Venice Commission recalled that judgments of Constitutional Courts have a final and binding character and that they have to be respected by all public bodies and individuals. Disregarding such a judgment is equivalent to disregarding the Constitution and the Constituent Power. When a public official refuses to execute a judgment of the Constitutional Court, he or she violates the principles the rule of law, the separation of powers and loyal cooperation of state organs. Measures to enforce these judgments are therefore legitimate. The opinion examines to which extent the amendments are an appropriate means to achieve this legitimate objective.
On the basis of a comparative overview, the Commission finds that the responsibility for the Constitutional Court to contribute to the execution its own decisions is the exception and this task is usually attributed to other state powers.  Attributing the overall and direct responsibility for the execution of the Constitutional Court’s decision to the Court itself should be reconsidered in order to promote the perception of the Court as a neutral arbiter, as judge of the laws. For all measures of execution, the Court should not act on its own motion but only upon request by the parties.
While some of the measures examined do not raise problems (e.g. requesting the national government to ensure the execution or requesting the prosecution of the offender in the ordinary courts), questions may be raised with respect to heavy repetitive, coercive penalty payments applied to individuals and the suspension from office of officials. The Venice Commission is concerned that the Constitutional Court would have to take measures of execution in a situation where it is already facing a refusal to execute its judgments. A refusal to follow also the execution measures could challenge the authority of the Constitutional Court and, in turn, that of the Constitution itself.
In such a case, other state bodies should step in, in order to defend the Constitution and the Constitutional Court. The attribution of the power of execution of its decisions to the Constitutional Court may seem as an increase of power at first sight. However, the division of competences of adjudicating on the one hand, and of executing its results, strengthens the system of checks and balances as a whole, and in the end, also the independence of the Constitutional Court.
While the Venice Commission does not recommend attributing such powers to the Constitutional Court, it concludes that in the light of the absence of common European standards in this field, the introduction of such powers does not contradict such standards.

http://www.coe.int/en/web/portal/-/critical-analysis-of-amendments-to-spain-s-constitutional-court-venice-commission

The Young Pope

If I may, Holy Father, what you are proposing is nothing short of suicide, media suicide.

Media suicide, you say? Fine, now try to keep up with me, if you can.

- I'm right with you, Holy Father.

- Good.

Ok, so, who is the most important author of the last twenty years? Careful now, not the best, virtuosity is for the arrogant, the most important, the author who has sparked so much morbid curiosity that he became the most important? I wouldn't know.

I'd say Philip Roth.

No.

Salinger.

The most important film director? - Spielberg.

- No.

Kubrick.

Contemporary artist? Jeff Koons.

Or Marina Abramovic.

Banksy.

Electronic music group? I don't know the first thing about electronic music.

You say Harvard is a good university! Anyway, Daft Punk.

The best Italian female vocalist? - Mina? - Very good! Now do you know what it is, what the invisible red thread is that connects them all, all these most important figures in their respective fields? None of them let themselves be seen.

None of them let themselves be photographed.

But you're not an artist, Holy Father.

You are a head of State.

Yes, of a city state so small that it has no outlet to the sea, and in order to survive, its leader has to make himself as unreachable as a rock star.

The Vatican survives thanks to hyperbole.

So we, we shall generate hyperbole, but this time in reverse.

I'm beginning to get your point, Holy Father.

Yes, not only am I beginning to get it, I'm beginning to like it, too.

Good, very good.

John Steinbeck on love: nothing good gets away. A letter to his eldest son.

New York
November 10, 1958

Dear Thom:

We had your letter this morning. I will answer it from my point of view and of course Elaine will from hers.

First—if you are in love—that’s a good thing—that’s about the best thing that can happen to anyone. Don’t let anyone make it small or light to you.

Second—There are several kinds of love. One is a selfish, mean, grasping, egotistical thing which uses love for self-importance. This is the ugly and crippling kind. The other is an outpouring of everything good in you—of kindness and consideration and respect—not only the social respect of manners but the greater respect which is recognition of another person as unique and valuable. The first kind can make you sick and small and weak but the second can release in you strength, and courage and goodness and even wisdom you didn’t know you had.

You say this is not puppy love. If you feel so deeply—of course it isn’t puppy love.

But I don’t think you were asking me what you feel. You know better than anyone. What you wanted me to help you with is what to do about it—and that I can tell you.

Glory in it for one thing and be very glad and grateful for it.

The object of love is the best and most beautiful. Try to live up to it.

If you love someone—there is no possible harm in saying so—only you must remember that some people are very shy and sometimes the saying must take that shyness into consideration.

Girls have a way of knowing or feeling what you feel, but they usually like to hear it also.

It sometimes happens that what you feel is not returned for one reason or another—but that does not make your feeling less valuable and good.

Lastly, I know your feeling because I have it and I’m glad you have it.

We will be glad to meet Susan. She will be very welcome. But Elaine will make all such arrangements because that is her province and she will be very glad to. She knows about love too and maybe she can give you more help than I can.

And don’t worry about losing. If it is right, it happens—The main thing is not to hurry. Nothing good gets away.

Love,

Fa

The dilemma of unfair public judgement

Ms. Lagarde is facing criminal charges for negligence. The alleged negligence resulted in the misuse of more than 400 million euros from public funds. Being that the situation should the I.M.F. President resign from her position?

That situation is not unknown in Spain, where, more often than desired, politicians are asked to resign from their positions because of criminal proceedings against them. The dilemma is that if that public individuals continue holding their positions there is a risk of overshadowing the institution represented but on the other hand anyone is innocent until proven guilty.

Which scenario would be better for protecting fundamental rights? That one of a public officer stripped of his position and later absolved or the one of a public officer in office whilst the proceedings are pending and then found guilty?

I would certainly choose the second one, since it ensures better protection of the rights of the defendant. Otherwise it could seem that the judgement is brought forward to the moment of the indictment, which should be completely disapproved in modern societies.

http://www.nytimes.com/2016/12/12/business/international/christine-lagarde-trial-imf-france.html

¿La instrucción en manos del Fiscal?

Comparto las interesantes reflexiones de Pilar Álvarez Mendez, Fiscal de la Fiscalía de Huelva. Parece ser que cada vez más voces se alzan en favor de una reforma del órgano sobre el que debería recaer la instrucción de los procedimientos penales. Ahora bien, como se señala en el artículo, no puede de cualquier forma y a cualquier precio.  

Tal y como apunta la Fiscal que suscribe el artículo que comparto, lo cierto es que de hacerse bien, se podría conseguir no sólo cierta agilidad en la llevanza de los procedimientos penales, sino también mayor especialización en las instrucciones. 

Bien es cierto que somos el único país de nuestro entorno que cuenta con un sistema en el que la instrucción no recae en la Fiscalía, sin embargo el problema se vislumbra cuando se ha de hablar de la (cuestionable) independencia, cuando menos formal, en las que los Fiscales se encuentran. 

A mi modo de ver, para que la introducción de esta paradigmático cambio sea respetuosa con la independencia con la que sí cuentan nuestros Jueces de Instrucción, deberían modificarse numerosos aspectos del órgano que ahora podría tomar el relevo en las instrucciones de los procesos penales. 

http://hayderecho.com/2016/12/12/el-ministerio-fiscal-la-instruccion-y-el-peligro-de-empezar-la-casa-por-el-tejado/