3
4
Please help me out of this impasse in Geneva. For this you can make a transfer by SWIFT on behalf of the ADEFG Association dedicate to Scientific Education and Participatory Research ADEFG CH – 1200 Geneva N° IBAN: CH30 0078 8000 0504 88493 N° BIC/SWIFT: BCGECHGGXXX Best Regards! 5
Help Me And this is my trial. « It is good for me that I have been afflicted; that I might learn thy statutes. » Psalm 119:71 I answered an ad, published in the GHI (Geneva Home Information) dated November 21st 2013 as AGASF Association (Geneva Association Love without Frontier) is seeking a qualified person, computer knowledge, answer emails and telephone, free accommodation. I have a meeting with Ms Julia Maria PAQUIER, President of AGASF and Mr. Heimann BELLA, someone hosted by AGASF in the period of November and December 2013. I myself was an active member of AGASF upon signature of the agreement dated December 4th 2013, for a period of one year renewable. I understood by studying all administrative papers she entrusted me that despite its inclusion in the Register of Commerce in Geneva on December 22nd 2010, invoice from Study BERNASCONI & TERRIER, her Association was not working as it necessary since, competent person’s fault at all levels. Indeed, I have concluded with her dated December 4th 2013 a contract that is an all stipulating the following clauses: I create the website of the Association; we choose together the domain www.agasf-international.org because we had an international project, and the update is included with all costs being my charge in exchange for housing. 6
I also answer the phone, emails, wrote the letters and all the administration of the AGASF for a period of one year renewable. (Administration: for example for financial support addressed to the city of Carouge, request a new urgency for local AGASF INTERNATIONAL addressed to the city of Geneva, application go to the Sharing Association set for Monday January 30th 2014 8:30 pm, sending 125 donation request letters dated January 3rd 2014, the dispute letters with members etc.) Finally, I signed the same day that I benefited 28% of my turnover compared to my activity, specifically the donation for a period of one year renewable. Thus, the website http://www.agasf-international.org was operational from December 11th 2013. So, I sent her on paper codes needed to access email: julia.maedetodos@agasfinternational.org including the access code email to AGASF. Moreover, I found her a great handicap for writing, reading and use of computer hardware, which is why I moved to her home to orient all this at her request. As an indication the website of more than ten pages worth at least CHF 4’900.- in Switzerland, update not included. Alas, she reported that she lost the paper on which were inscribed the access codes; I immediately took the necessary reactions in such case. (Given the bad and pressure atmosphere within the AGASF) So, I handed her back the codes on another paper but she does read, this concern because I worked also as audits and editor. After several days, the paper was found containing the code lost before the AGASF entry, I took again the necessary precaution in this regard. Indeed I created an email with my name: pearl.rr@agasfinternational.org because the website of AGASF is at my disposal for all administrative procedures, but also at her disposal because both emails are confused, we receive at the same time sent and received emails, but she is suspected to everyone because of her disability. 7
I was sorry for her bad faith because she has not complied with the terms stipulated in the contract that bound us and announced to the Assembly of the AGASF she had a private secretary and now she would take over, she was Ms NETO; Brazilian-born, living with Swiss Angola’s, located Rue Caroline 6th in Carouge, speaking Portuguese and yet she answered as facilitator. The AGASF committee has taken an initiative to remedy this and took following decisions on January 1st 2014 with my presence and my agreement to renew the contract as spouses ROLLIN RALAINARIVO handling the administration of public relations and advertising needed to collect (website http://www.agasf-international.org), telephone relations, raises: Accounting, book-keeping « Bio » Organic Specialties Mr. Yun KIAN was Consultant of the Association; he is also partially cooking and transportation. He was absent for three weeks after the signing of these contracts. They were active members of the AGASF. To top it all, the AGASF is open from 7 to 22 pm from Monday to Saturday, but I was not working on the Sabbath because it’s my day off. I kept the terms of the contract I signed and I did not intend to give up my commitment to the disadvantaged. I go to the end because my image corresponds very well with the profile there. This is not her case, who wanted nothing to offer anyone even free gifts that were offered to her, she exploited the people and thanked them all goes as she pleases without regard for the law and the usefulness public Association. I noticed that she was never grateful for the service provided to anyone. 8
I asked for help from the Mayor of the city of Carouge because I already had contact with them by filling the application for financial assistance to AGASF Headmaster of the Administration, Council of the City of the Carouge and it dated January 7th 2014. I encountered difficulties in the AGASF then I informed the Mayor of Carouge about the disagreements and pressure atmosphere with AGASF. I sent them a copy of email addressed to Ms Maria PAQUIER January 9th 2014, in response to her letter of January 8th 2014, on the table, the night of the same day at the headquarters of AGASF. Since January 11th 2014, Ms Maria PAQUIER cut the telephone, internet and electricity. However, the heating means used was that of the electric heater and a gas heater. When we lit the gas fire, she seized the bottle and was locked up in the office. I still had appointment with the Carouge Station Agent for sending mail, Monday, January 13 rd 2014, at 14:30 pm, we could not do much. Wednesday, January 15th 2014, she called the locksmith to change all the locks and locked the communicating door to access the kitchen and the bathroom. On Thursday January 16th 2014, my husband went out with the HP laptop to be able to connect immediately and Maria PAQUIER pushed me out by confiscating all our things. I asked again for help from the Mayor of the city of Carouge to intervene with Maria PAQUIER to try to recover at least my bag containing my Identification Card, my European Health Insurance Card, my driving license and medicines etc. but in vain.
9
I ran to the Embassy of France in Switzerland that could not redo my papers because they have clearly indicated that they are neither lost nor stolen but confiscated; and I had to contact the police. Maria PAQUIER would not respond so I complained to the Plainpalais Geneva Police. The latter, who was aware of the dealing of the AGASF advised me to make a claim in conciliation with the Labour Court. March 3rd 2014, I conducted a conciliation request Article CPC 202 with the Labour Court, Boulevard Helvetique 27 1211 Geneva 3. April 28th 2014, the Minutes of the hearing was held by the Conciliator Mrs. Hamideh FIORE and allowed to proceed. I was assisted by my husband Alain RALAINARIVO as plaintiff and Maria PAQUIER is assisted by Mr. Nils DE DARDEL, Boulevard Georges Favon 13 – 1204 Geneva. June 24th 2014, Mr. Nils DE DARDEL asked us to introduce ourselves Sunday, June 29th 2014 at 10:00 am at the headquarters of the Association, rue de Veyrier 12 - 1227 Carouge. Maria PAQUIER led us to the deposit so we can get ours belongings. However, he informed us that he has ceased now to look after the interests of the AGASF association. The list of our missing objects belongings is available online on the website http://www.agasf-international.org/objetsmanquants.html Missing objects things spouses RALAINARIVO during partial restitution cases confiscated by the AGASF, dated June 29th 2014 in Geneva. July 3rd 2014, I made a deposit of complaint to the Police Station in Carouge. Geneva, August 15th 2014, the Registrar sent me the order for notification by registered letter. 10
August 26th 2014, the cantonal Lost Property Service informed me that an object may belong to me was deposited in his office by the police. This was subject to the payment of various fees and emoluments according E1. 40. 03 regulations. It was of my French Nationality Identity Card. I wanted to clarify that the fact that I became paperless me from contracting other IT services whose annual turnover of 2013 (base year) is CHF 71’000.I wanted to thank with all my heart the CHUV team (Hospital of the University of Geneva) who prescribed all treatments and medications need during these difficult times. Geneva, September 26th 2014. Concerns: dispute between me and AGASF Decision The Presidency of the Civil Court, acting by way of summary conviction: Given my request for the grant of legal assistance for: Employment Tribunal Procedure Cause C74777/2014-TPH/5 (OS); Given the exhibits: Given the Article 117-123 of the Swiss Code of Civil Procedure, including Article 118 paragraph 2; On Article 239 CPC; Given the Regulations on Legal Aid and Compensation for legal advice and defenders of civil matter, administrative and criminal, including Article 2 to 5; For these Reasons, admits me to the benefit of legal assistance with effect from September 10th 2014. Granting limited status to becoming aware of the procedure and assessing the chances of success of the application lodged by the applicant and up to 5 hours of lawyer activity all included. A request for extension must be requested for further proceedings. Commit these purposes Mr. Manual BOLIVAL, lawyer, Rue des Pâquis 35 – 1201 Geneva. 11
September 30th 2014, is notified a decision. A written motivation is given to the parties if one of them the request within 10 days from the communication of the decision. If a motivation is not requested, the parties are considered to have abandoned the appeal or recourse 8 Article paragraph 2 CPC.) Geneva, October 21st 2014, dated Decision to legal assistance and Employment Tribunal Procedure. I had an interview in his office and he advised me to write a finding of inadmissibility. By cons, it will motivate the request for extension of legal aid and to introduce a procedure before the Court of First Instance. Mr. Manuel BOLIVAR, Barrister in Geneva, Deputy Judge Criminal Tribunal handed me personally becoming aware of the procedure and assessing the chances of success of the complaint I filed with the Labour Court. 1. On July 25th 2014, I made an application to the Labour Court against the Geneva Association Love without Frontier (here in after AGASF) and its President Maria PAQUIER. I concluded a preliminary point that the defendants produce notebooks and that the association be ordered to pay me the sum of CHF 30’500.-. I also concluded the payment of the sum of CHF 10’5OO.- as damage due to theft of personal belongings. 2. I have alleged, in summary, have a contract with the AGASF through which it put housing at my disposal for a period of one year and allowed me to take advantage of 28% of my turnover (the amount of donations received) during the same period; in exchange, I had to create the website of the Association, answering phones and emails, write letters and make various administrative procedures to the benefit of the Association. 12
3. After a period of one month, the Association and/or its president would have broken the contractual relationships, ended the provision of housing and would have excluded me many personal effects. 4. To assess the chances of success of my application to the Labour Court, it should first be determined whether the contract I signed with the Association is the work contract or other contract. According to case law and doctrine (RÊmy Wyler, labour law, Bern, 2002, pages 43 ff), the characteristic elements of the employment contract are: the provision of labour or services, the relation of subordination, which means that activity is undertaken by the worker dependent manner, under the direction and the employer’s instructions, compensation and finally the time element. The employment contract differs from the mandate contract (Article 394 CO), in so far as the latter, which is subsidiary, is characterized by the independence of the agent with the respect of the principal. The agent must follow the instructions of the client but acts independently and on his own responsibility. When the principal, through guidelines, merely to inform the attorney general how it should perform its duties, the rules of mandate shall apply. Once the guidelines go further, they affect the purpose and organization of work and they establish a right to control the copyright, there is a work contract. The established contract differs from the employment contract to the execution of a work (Article 363 CO), while the employment contract is for supply of a work. The contractor performs its work independently and is not incorporated into the organization of the project owner. 13
In this case, the parties do not have little, or given in writing to their contractual agreement. I had a sheet countersigned by either party, on which they have indicated that I had to create the website of the Association with the updates in consideration of housing available for a period of one month. I also was preparing a second document that indicated that I was entitled to 28% of the turnover of the Association, namely donations. I indicate that subsequent written agreements have been reached between the parties, which would appear in notebooks in the hands of the president of the Association, including requirements that the duration of the activity and the handover of housing, even that the right to a percentage of 28% on donations. The written contractual elements are there for imprecise, it should determine the nature of contractual relationships using rules relevant interpretations. According to them, it seems that I agreed with the Association to create a website and to take care of administrative tasks related to the Association, including the harvest of gifts, in exchange for the provision of housing and a percentage of the donations received, this for a period of one year, renewable. It also seems that I acted with certain independence in the realization of the website and the steps I have taken to collect donations. I had my own tools to make the website and had been helped to achieve this task by my husband (third party.) The elements of remuneration, provision of housing and a percentage of the gains (donations) are not the usual elements of compensation in the employment contract. Therefore, because of the absence of subordination and regular remuneration, it appears that the contract with the Association is outside the employment contract, but another contract, likely the contract mandate. 14
5. Any lack of employment contract would be that my application before the Labour Court is likely to be rejected because of the incompetence of this Tribunal, because of material. 6. In the event that the contractual relationships under the mandate contract, the competent authority would be the ordinary Tribunal or the Court of First Instance. It is necessary to analyze the chances of success of an application for payment sent to the Tribunal, based on the rules of the mandate. In this case, the obligations of my consideration were out at my disposal the housing for a period of one year and give me a percentage of gifts given to the Association. It must also be established that the Association has not met its obligations, which should not present any particular difficulties. It is then necessary to determine the consequences of the breach of contractual obligations of the Association. According to Article 97 CO, where the creditor of an obligation cannot get the performance of an obligation can get it imperfectly, the debtor is required to repair the resulting damage, unless proves that no fault is attributable to her. In this case, I seemed to have executed my obligation under the contract, namely realize the website of the Association and perform various administrative tasks to it, before the contract is broken by the Association. It follows that the Association has not met its obligations, which were to the house at my disposal for a period of one year and to reassign me the percentage of donations. 15
To the extent that the parties have not considered the effects of the breach of contract on the compensation of the principal, should be complete agreement between the parties on this issue, according to the meaning and purpose of the contract, assuming what the parties have done in good faith (Article 2 CO, ATF 90 II 235). It seems likely that the parties have agreed that the necessary hours to create the website are then rewarded me, as hours worked for various administrative and other steps taken to collect donations. I estimate (my letter of January 9th 2014 to the Association); the creation of a website of a page of ten represents a «value» of CHF 4’900:-. In summary, it seems possible to make a claim for payment before the Tribunal Court to seek payment of the amount of CHF 4’900.- (value creation of the website),the amount of damage after the end of the provision of housing (relocation bills of around CHF 10 000.-), and the payment of the hours, to be proven. 7. A claim for payment against the Association, described below, does not seem devoid of any chance of success, but presents undeniable difficulties which include proof of the contractual agreements, the value of the website, and hours of activity performed. A possible condemnation of the Association to pay me a sum of money will also present implementation difficulties if the Association is insolvent. 8. The sustained damage due to the loss or theft of my belongings also presents difficulties if I plan to incorporate this conclusion in the claim against the Association. Indeed, the Association does not appear prima facie responsible for the damage suffered due to the wrongful conduct of its 16
president. It seems instead that the president of the Association acted as personnel; insofar as she recovered she had housing available to me in the house she rents. In appropriate, in any case, to prove the value of exempt items. Geneva, October 27th 2014. I gave to the letter dated September 26th 2014 for the Labour Court, fixing me a final deadline of 30 days to submit a valid application complies with the order OTHP/1301/2014 August 15th 2014. I drew your attention that on the advice of attorney that I was appointed by legal aid, Mr. Manuel BOLIVAR, it seems to him that no employment contract has been concluded with the defendant and that the relationships between the parties within the mandate of contract though the contract was signed on behalf of Mrs. Pearl ROLLIN RALAINARIVO, managing partner of EUROMAD Ltd. Moreover, he also endorsed the request I submitted seemed inadmissible. I asked you to therefore make an inadmissibility decision on procedural and/or incompetence of the chosen Court. Geneva, October 28th 2014, the Registry of Legal Assistance referred to my request for extension of the hours of October 27th 2014 that caught his attention. He invited me to speak directly to my lawyer; it is the latter that is competent to make such requests and the reasons. Geneva, February 6th 2015. The Registry of Legal Assistance: Given the decision by which I was admitted to the benefit of legal assistance; Given the Article 117 and following Swiss Code of Civil Procedure (CPC), in particular Article 123; 17
Whereas at the end of the steps and /or procedure covered by legal aid, an amount of CHF 1'080.- has been paid to my legal counsel i.e. Mr. Manuel BOLIVAR as compensation for the activity carried out in my favour; That advanced judicial costs through legal assistance amounted to CHF 0. -; The total fees granted by the State amounted to CHF 1'080.-; That pursuant to Article 123 paragraph 1 CPC, a party must reimburse the legal assistance as soon as she is able to do, or as soon as her financial situation has improved; The debt of the State is prescribed 10 years after the end of the proceedings or the proceedings for which legal aid was granted. For these reasons said that my debt towards the State of Geneva is CHF 1'080.February 16th 2015, I was again interviewed Mr. Manuel BOLIVAR in his study, who advised me to make another request to the Legal Assistance to name me another lawyer in his place because he want to stop there. Geneva, February 18th 2015. The Registry of Legal Assistance was in response to my request for legal assistance and not invites me therefore by the March 10th 2015, to provide the necessary documents and information. Geneva, March 3rd 2015. I sent the supporting documents requested by the Legal Assistance. Geneva, March 20th 2015. The Registry of Legal Assistance to invite me to provide, by April 9th 2015, a copy of the minutes of the criminal procedure P/18168/2014 opened by me against Maria PAQUIER. Geneva, March 1st 2015. I followed this complaint and I forwarded CHF 1'500.- height bills to buy personal belongings for operation. 18
Ref: AC/477/2015 2 WDC EXTRAJ; AJC/2544/2015 Decision Geneva, June 2nd 2015. The President of the Civil Court, acting by way of summary conviction: Considering the complaint I filed February 17th 2015 for the grant of legal assistance for: Action for payment against Maria PAQUIER by the Court of First Instance and procedures for the purpose of my status in Switzerland; Given the exhibits filed; Given the Article 117 – 123 of the Swiss Code of Civil Procedure, including Article 121; Given the Regulations on Legal Aid and compensation for legal advice and defenders of civil matter, administrative and criminal, including Article 11; Considering the complaint I filed February 17th 2015 for the grant of legal assistance for filing a request for payment by the Court of First Instance against Maria PAQUIER and regularized my situation in Switzerland; Given the criminal order issued November 12th 2014 as part of the procedure P718168/2014 whose contribution was solicited; Given the judgment JTPH/535/2014 issued by the Labour Court December 16th 2014 in case C/4777/2014; Given the various letters that I sent to the Registry of legal assistance in connection with the hearing of this petition on February 17 th, March 3rd – 23rd to 31st and May 7th 2015; Considering the documents and explanations produced; 19
Whereas I have signed a contract with Maria PAQUIER by which I undertook to create a website for the Geneva Association Love without Frontier (AGASF) in exchange for the provision of accommodation in the premises of the Association; That our collaboration was suddenly ended January 16th2014, Maria PAQUIER who forced me to leave the premises; Ms. Maria PAQUIER then changed the cylinders doors and keeps my property in a box until end of June 2014, its restitution in all cases partial before witnesses; I filed a criminal complaint – against Maria PAQUIER, who was convicted of theft, wear and violations of federal law on foreigners by the prosecution by criminal order issued November 12 th 2014; In contrast, the Employment Tribunal Procedure opened by my request and for the payment of CHF 41'000. - by AGASF, was ruled inadmissible December 16th 2014 – having myself acknowledged not have been related by an employment contract but rather a mandate because this board Mr. Manuel BOLIVAR, lawyer appointed ex officio by the Legal Assistance; Today I wish to act through civil proceedings to obtain compensation for the damage of CHF 41'000.- I have suffered due to the breach of contract and theft of my personal and professional effects; I request the granting of legal assistance for this purpose; That, for contractual matters, I wish explains obtain payment of CHF 30'500. - sum I justified in claiming to have 450 hours between December 8th and January 11th 2014 equivalent to an average of 13 hours per day – with reference to a second part of contract product in the criminal proceedings, signed by Maria PAQUIER and written by Mr BELLA, providing that « Ms. ROLLIN (my maiden name) will have 28% of my business by compared to my donation activity more precisely. »; 20
I feel that the value of objects that have not been returned to me is CHF 10'500.- (Identity card, European health insurance card, Driving license and, according to the list produced criminal and available online on the page http://www.agasf-international.org/objetsmanquants.html: watch, computer, jewellery, clothes, hats,…); To date, I was alleged have incurred costs of CHF 1'500.- to buy back part of my affairs stolen; For the purposes of justifying the expenses incurred, I produced an estimate for Dior glasses – whose value corresponds to the stolen glasses – as well as many other bills mainly buying clothes, hats, lingerie and footwear; I explained to need my status in Switzerland in order to work and develop my particular associational activity within the ADEFG, associative born by adoption of the statutes December 11 th 2014 and whose members are: Alain RALAINARIVO, Pearl, Larsen, Titony and Ylann ROLLIN RALAINARIVO: Considering that pursuant to Article 117 of the Civil Procedure Code (CPC), a person is entitled to legal aid if it does not have sufficient resources and if its cause does not seem devoid of any chance of success; And to assess the chances of success of proceedings, case law has developed the concept of litigant « reasonable and convenient », objective reference for assessing whether to take legal action with regard to the bankable results and costs to be incurred, « no one to support the State’s expense trial that he would not risk the peril of his own money » 8ATF 122 I 267 considered 2b, ATF 4A-571/2009 considered 3.1); What concretely, a lawsuit has no chance of success when prospects of winning are significantly lower than the risk of losing it, and therefore cannot be considered serious (ATF 5A.144/2008 of April 11 th 2008 considered 3.1); 21
That, moreover, pursuant to Article 118 paragraph 1 letter c CPC, the appointment of a lawyer paid by the state is justified only when its intervention is necessary, particularly when the proposed approaches or procedures raise questions of fact or law that the applicant person is not able to solve alone; On the other hand, content in the Article 3 paragraph 3 of the Regulation on legal aid and compensation for legal advice and defenders of civil matter, administrative and criminal legal assistance does not extend to activities under social assistance or whose others directly or indirectly funded agencies can charge fees; Considering also that each party shall, pursuant to Article of the Swiss Civil Code, unless the law prescribes otherwise, prove the facts it alleges to infer a right; That according to Article 55 paragraph 1 CPC, the parties allege on which they base their claims and produce evidence relating thereto; As content of Article 221 letter 1 d and e CPC, the court application must contain factual allegations and indication for each claim, the evidence available; That an application for payment cannot therefore have a purely exploratory purpose but must instead and to the extent possible build on specific allegations, which may be proved by witnesses, documents or by any other means of proof recognized by the law; In this case, I do not seem able to make plausible the merits of my alleged claims about what I mean to argue, my writings otherwise containing a hardly understandable description of the advanced elements; Finally, with regard to the regularization of my situation in Switzerland, aged 55 and a French nationality – I am able to perform alone, if necessary with the assistance of an organization specializing in immigration law, the necessary steps, including the administrative appears preponderant; 22
As a lawyer is not necessary to do so; That saw all of the above, the request will be rejected; Reasons for thesis: 1. Orders the request for legal assistance. 2. Holds that it is not perceived in Court costs. 3. Judicial review: This decision May be subject to an appeal in writing to the President of the Court of Justice, PO Box 3108, 1211 Geneva 3, within 30 days of notification its, Communicated on: June 5th 2015. Criminal order of March 19th 2015, given the opposition to the penal order of November 12th 2014 Warned: Date of birth: Origin: Home: Complainants:
Maria PAQUIER August 12th 1947 Bex/VD Rue Daniel-Gevril 6, 1227 Carouge GE Pearl RALAINARIVO BROLLIET & Co. Limited Company
IN FACT He is accused of having Maria PAQUIER in Geneva:  Stolen many personal and professional affairs in particular belonging to me the Bible in English KJV version, different clothes, glasses correction, sunglasses, jewellery, watches, bags, camera, mobile phones, laptop, luxury chess game, ID, Driving license, European health insurance card and other documents in order to obtain an undue pecuniary advantage. 23
I filed a criminal complaint on the facts about me July 3 rd 2014, I produced a list of stolen belongings and a copy of the employment contract concluded with the defendant. Heard by the police August 9th 2014, the defendant admitted having signed a contract with me on the creation of a website against free accommodation in the premises of the Association. By criminal order of November 12th 2014, Maria PAQUIER was sentenced to a penalty of 80 days – CHF 50.-, 3 years suspended sentence and a fine of CHF 1'000.-, for misappropriation, theft, wear, breach of Article 116 paragraph 1 letter A and 3 letter A Foreign National Act and breach of Article 117 paragraph 1. By letter of November 28th 2014, she lodged an objection against the order, without alleging reasons. In front the prosecution December 19th 2014, she was again admitted having employed me. January 7th 2015, I was following the letters of December 9th and 12th 2014, notified on December 12th for an appearance of reference to explain the reasons for my absence. I was prevented from appearing this Friday, December 19th 2014 because I had not received these letters in time, sent to the Office in Archamps. So I was not present in Geneva from December 17th to 21st 2014 as I was in Rotterdam to attend the graduation ceremony of my son Ylann RALAINARIVO. A new hearing has been set for February 24 th 2015, to allow my hearing. The defendant, a widow with a child, said collects a retirement pension of CHF 1'200.According to the extract from Swiss criminal records, she was sentenced on April 23rd 2007 by the Public Prosecutor of Geneva, a penalty of 30 days – fine to CHF 30.-, 3 years suspended sentence and a fine of CHF 1'000.-, for simple bodily harm, assault, driving while intoxicated and violation of the rules of road traffic. 24
In law, deductions offenses are established by the elements of the case, including all converging statements, and are constituent: In stolen, according to Article 139 number 1 of the Criminal Code, which prescribes a prison sentence of five years or to a monetary penalty that which, to purchase or procure a third illegitimate gain, will subtracts a chattel belonging to another with the aim of appropriating, To wear, under Article 157 number 1 of the Criminal Code, which prescribes a prison sentence of five years or to a monetary penalty one who has exploited the discomfort, dependence, inexperience or the weakness of a person’s trial capacity by being granted or promised by it, for himself or for a third party in exchange for a benefit, monetary advantages in obvious disproportion with it economically or one who has acquired a usurious debt and will be alienated or argued, On offense under section of Article 116 paragraphs 1 and 3 letter to a federal law on foreigners (FNA), which stipulates a prison sentence of up to five years – added a penalty – or a penalty anyone in Switzerland or abroad, facilitates the entry, exit or illegal residence of a foreign or participates in preparations for that purpose, if the author is to purchase or procure to a third illegitimate gain, In violation of Article 117 paragraph of the Federal Aliens Act (FNA), which stipulates a prison sentence of one year or to a monetary penalty on anyone who intentionally employs an alien is not allowed to engage in gainful employment in Switzerland or uses, Switzerland, to provide cross-border services of a person who has not the required authorization. Sentencing
25
The penalty is fixed according to the guilt of the perpetrator, in particular according to the seriousness of the facts of this motivation, her background and her personal situation (Article 47 CP). These offenses contributing them worth the most serious offenses will be increased in a just proportion (Article 49 paragraph 1 CP). The motives of the defendant is the exclusive financial gain, without any consideration for the heritage of others and selfish temptation of easy money, without regard for the welfare of others. The defendant shall be sentenced to fixed penalty fine days. The number of day-fines will be set according to her guilt (Article 34 paragraph 1 CP). The amount of the daily fine will be fixed according to her personal and economic circumstances (Article 34 paragraph 2 CP), as from the file. This penalty will be suspended, a punishment firm did not appear necessary to divert prevented other crimes or offenses (Article 42 paragraph 1 CP). As an immediate sanction, it will also be fined (Article 42 paragraph 4 and 106 paragraph 1 CP). In case, wrongfully, she does not pay the fine, a prison of substitution (for a day at least and at most three months) will also be imposed (Article 106 paragraph 2 CP). The fine and prison sentence of substitution will be determined taking into account her situation, so as to constitute a punishment corresponding to the offense (Article 106 paragraph 3 CP). Costs and possible compensation The defendant will be ordered to pay the costs of the proceedings (Article 422 and 426 paragraphs 1 CPP). 26
Annex to the Criminal Ordinance Execution Fines, financial penalties imposed WITHOUT suspended, penalties or whose suspension was revoked, compensatory claims and fees must be paid once the criminal order is enforceable (i.e. after the end of the opposition period). Competent to effect recovery, the contraventions of Service (TCS) will send automatically sentenced to a payment slip when this criminal order will become enforceable. For an adjustment of payment terms (extension of time, instalment), the convicted person is invited to personally go to the Department of contraventions, Chemin de la Gravière 5, CH - 1227 Les Acacias GE, Monday to Friday from 7:30h 16:00h (tel.: + 41 22 427 51 70 from 8:00h to 15:00h) by equipping the payment form received her last review of taxation of her last salary slip and all vouchers of her expenses. The custodial sentences and community service sentences NOT stay must be executed once the criminal order is binding. The Application Service punishments and measures (SAPEM) will contact the offender. Pecuniary sentences WITH suspension should not be paid immediately. If the convicted person is making passes the test, the penalty shall not be paid (Article 45 CP). However, if during the probation period, the offender commits a new or misdemeanour, the competent criminal authority will decide whether the penalty should ultimately be paid (Article 46 CP; stay of removal). The custodial sentences and community service sentences WITH suspension should not be executed immediately. If the convicted person is making passes the test, the custodial sentence or sentence of community service should be longer being enforced (Article 45 CP). However, if during the probation period, the offender commits a new crime or misdemeanour, the competent authority will decide whether the criminal custodial sentence or sentence of community work must eventually be performed (Article 46 CP; stay of removal). 27
Restitution of objects and values Once the order came into force the returned items can be collected by appointment with the Registry of exhibits – tel.: + 41 22 327 60 75 or gpc@justice.ge.ch Once the order came into force, a claim for restitution of the sequestered values can be sent to the Financial Services judiciary, PO Box 3675, 1211 Geneva 3, enclosing a copy of this order, bank or postal address as well as a copy of her ID. For questions regarding modalities of return, please contact Financial Services at + 41 22 327 63 20 from 9:00h to 12:00h. Slip Emoluments of the prosecution
CHF 540.-
Opposition to the Criminal Ordinance (Article 354 CPP) The accused, other persons concerned and, if provided, the Attorney General of the Confederation may oppose against the penal order in writing within ten days before the public prosecutor (Route de Chancy 6B, PO Box 3565, 1211 Geneva 3). The opposition must be reasoned, except that of the accused. If no opposition is validly formed, the criminal order is treated as a judgment in force. Procedure for opposition (Article 355 CPP) In case of opposition, the Public Ministry administers other evidence necessary to rule on the opposition. If the opponent, without excuse, fails to a hearing despite a subpoena, her opposition is deemed withdrawn. After administration of evidence, the Prosecutor decides: a. b. c. d.
Maintain the criminal order Classify the procedure Make a new criminal order To bring prosecutions before the Court of First Instance 28
Appeal against non-entry in order The parties may attack the non-entry in order within ten days before the appeal authority or the criminal Complaints Board (Article 310 paragraph 2, 322 paragraph 2 CPP and 128 paragraph 1 LOJ). The appeal must be motivated and submitted in writing (Article 396 paragraph 1 CPP). The parties are made aware of the fact that the costs of the appeal procedure will be dependent on them, if their application is inadmissible if they retire or if they do not win the case (Article 428 paragraph 1 CPP). Under certain conditions, the costs of the appeal procedure can also be made a part load that has used and obtained a favourable decision (Article 428 paragraph 2 CPP). Device On those grounds, bringing to naught the criminal order of November 12th 2014, the Public Ministry: 1. Declares Maria PAQUIER guilty of theft (Article 139 c 1 CP), wear (Article 157 c 1 CP), and violation of Article 117 paragraph 1 of the Federal aliens Act (FNA). Condemned to a penalty from 70 day-fines. Fixed the amount of the daily fine to CHF 50.Puts the benefit of suspension and sets the probationary to 3 years. Condemned to a fine of CH 875.Pronounce a sentence of imprisonment of 17 days substitution. Said the prison sentence of substitution will be carried out if, wrongfully, the fine is not paid. 1. Refers Pearl RALAINARIVO and BROLLIET & Co. Limited Company to act governed by civil way, as regards their possible civilian conclusions.
29
2. Condemns Maria PAQUIER the costs of the proceedings stopped at CHF 540.3. Notifies this order to Maria PAQUIER, domiciled Rue DanielGevril 6, CH - 1227 Carouge GE 4. Communicate this order to: Pearl RALAINARIVO BROLLIET & Co. Limited Company, Real Estate Agency, Legal Department, Avenue Cardinal-Mermillod 36, CH - 1227 Carouge GE. 5. Communicate this order, once final and binding: Cantonal Office of Population Federal Office for Migration Cantonal Office of Inspection and Labour Relations Geneva, March 19th 2015 Registrator
Prosecutor
Ms. Maria DOGLIA
Mr. JoĂŤl SCHWARZENTRU
Appeal against the Order of ranking The parties may attack the ranking order within ten days before the appeal authority or the Criminal Complaints (Article 322 paragraph 2CPP and paragraph 1 LOJ). The appeal must be motivated and submitted in (Article 396 paragraph 1 CPP). The parties are made aware of the fact that the costs of the appeal procedure will be dependent on them, if their application is inadmissible if they retire or if they do not win the case (Article 428 paragraph 1 CPP). Under certain conditions, the costs of the appeal procedure can also be made a part load has used and obtained favourable decision (Article 428 paragraph 2 CPP). AC/477/2015 30
DAAJ/70/2015 COURT Legal Aid Decision of Monday, October 5th 2015 Ruling on the appeal lodged by: I, Mrs Pearl RALAINARIVO, domiciled p.a. Mrs Madeleine Micheli, Rue Beauregard 6, 1204 Geneva, against the decision of June 2 nd 2015 the Vice President of the Civil Court. The FACTS seen my motion filed February 15 th 2015 (Pearl RALAINARIVO, hereinafter : the appellant) for the grant of legal assistance for filing a claim for payment of CHF 41'000.- against Maria PAQUIER for breach of contract and theft of my belongings and professionals, and to my status in Switzerland; Considering the decision of the Vice President of the Civil Court of June 2nd 2015 refusing to the latter legal assistance sought on the ground that her case was devoid of any chance of success; Given the resulting information system ÂŤ Track & Trace Âť of the Post Office, according to which the contested decision was withdrawn by the Appellant June 9th 2015; Considering the application filed July 3rd 2015 at the Registry of the Court of Justice by me (the Appellant); Considering Law that decision rendered in summary proceedings (Article 119 paragraph 3 CPC), may be appealed to the President of the Court of Justice (Article 121 CPC and 21 paragraph 3Lacc), delegated to the undersigned Vice President (Article 29 paragraph 5 LOJ; Federal Court judgment 2D-6/2012 of July 31st 2012 considered 2); Considering that the appeal must be filed within ten days from the notification (Article 321 paragraph 2CPC and 11 RAJ); In this case, the decision of June 2nd 2015 was notified on June 9th 2015 that the appellant withdrew the registered letter containing the decision DISPUTED; The ten days began to run the day following notification (Article 142 paragraph 1CPC) to expire June 19th 2014; 31
That recourse posted July 3rd 2015 is therefore out of time, so it must be declared inadmissible (Article 60 and 322 paragraph 1 in fine CPC); Whereas exceptions unrealized in this case, it is not perceived in Court costs for legal assistance proceedings (Article 119 paragraph 6CPC). Consistent notification registered by mail Clerk of October 9th 2015. On those grounds, the Vice-President of the Court: Declare inadmissible the appeal filed July 3rd 2015 by Pearl RALAINARIVO against the decision of June 2nd 2015 by the Civil Court Vice-President in the cause AC/477/2015. Said it is not perceived of Court costs for the appeal. Notify a copy of this decision to Pearl RALAINARIVO (Article 327 paragraph 5CPC and 8 paragraphs 3 RAJ). Sitting: Mr. Jean-Marc STRUBIN, Vice-President Mr. David VAZQUEZ, Committed-Clerk Indication of remedies: The Federal Court knows, as ordinary court of appeal, appeals in civil matters ; quality and other requirements for filing an appeal are determined by the Article 72 to 77 and 90 ff of the Law on the Federal Court of June 17th 2005 (LTF ; RS 173.110). He also knows subsidiary constitutional appeal; quality and other requirements for filing an appeal are determined by the Article 113 to 119 and 90 ff LTF. In both cases, the motivated appeal must be filed within thirty days of notification of the complete copy of the judgment. Article 119 paragraph 1 LTF provides that is a party as an ordinary appeal and a constitutional appeal; it must file the two actions in a single memory. The appeal must be sent to the Federal Court, 1000 Lausanne 14. ÂŤ Many are the afflictions of the righteous: but the LORD delivereth him out of them all. Âť Psalm 34:19
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50