Примеры использования Preliminary custody на Английском языке и их переводы на Русский язык
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Preliminary custody must not last more than 40 days.
The decision of the court on preliminary custody may be appealed.
Similar regulations as regards submitting complaints andpetitions are included in the rules that govern preliminary custody.
Before deciding on preliminary custody the court is obliged to hear the suspect.
The above-specified provisions shall also be applied in case of an evidently wrongful preliminary custody or detention.”.
The broadening of the catalogue of preventive measures reduces the necessity of preliminary custody and, at the same time, ensures the presence of the suspect(the accused) within the country.
The court shall decide not later than 24 hours after the apprehended person was brought before the court on the motion for preliminary custody of the apprehended person.
A decision on preliminary custody and extending its duration, except where the decision has been made by the Supreme Court(art. 222, para. 4, of the Code of Criminal Procedure), may be appealed to a higher court.
Paragraph 8 provides that a State Party may take into preliminary custody only the“person whose extradition is sought”.
The Special Rapporteur continues to receive reports from theFRY of ill-treatment and torture by police during the 72-hour period of preliminary custody.
Regulation by the Minister of Justice of 2 May 1989 on the by-laws of preliminary custody hereinafter called the By-laws of preliminary custody.
The rights enjoyed by persons in preliminary custody(which, at the minimum, are equal to those enjoyed by a convicted person) have been supplemented in the new Code with provisions which give the person in preliminary custody the right to prepare himself for his defence and to communicate in private with his counsel for the defence.
Monitor effective compliance with safeguards during preliminary custody, especially access to a doctor and legal counsel;
The principles underlying criminal justice and the Code of Criminal Procedure ensure that decisions to take persons accused of committing a crime into preliminary custody are substantiated and lawful.
A preventive measure applied by the court(including preliminary custody) may, in preparatory proceedings, be quashed or changed to a milder one also by the public prosecutor art. 213, para. 2, of the amended Code of Criminal Procedure.
However, the principles of maintaining correspondence are specified differently: they stipulate that letters sent by persons in preliminary custody are subject to censorship by the organ in charge.
Paragraph 2 of that article specifies the grounds for the extension of preliminary custody, however, the maximum period of its application may not exceed one year and six months, and in cases involving felonies, two years art. 222, para. 3, of the Code of Criminal Procedure.
The law gives juveniles deprived of liberty andtheir legal representatives far-reaching rights of appeal against a preliminary custody order, as previously mentioned, and against a court sentence.
Pursuant to the provision of article 605 of the new Code of Criminal Procedure preliminary custody may be applied to a person who is suspected of having committed an offence and an extradition request in this regard has been submitted to the Polish side, provided, however, that the request concerns an extraditable offence.
Supervision over the execution of the penalty of deprivation of liberty,the penalty of arrest, and over preliminary custody(penitentiary supervision) is regulated in the following legal acts.
An extension of preliminary custody for a specified period of time exceeding the above-mentioned time limit may be ruled, in particularly justified cases, only by the Supreme Court upon a motion of the court which is hearing the case, and in preparatory proceedings upon a motion of the Prosecutor General art. 222, para. 4, of the Code of Criminal Procedure.
Pursuant to article 222, paragraph 1, of the amended Code of Criminal Procedure the court,when deciding on preliminary custody, determines its duration for a period of not longer than three months.
However, court practice shows that decisions on preliminary custody are taken within 48 hours of detention, in accordance with article 207 of the Code of Criminal Procedure in force, which stipulates that a detained person should be set free immediately unless, within 48 hours of the detention, he has been served with a certified copy of the warrant of preliminary custody.
Having been arrested in late August and sentenced in October, Stepanian has already spent half ofthe sentence in prison, since one day of preliminary custody is equal to one day and a half of imprisonment.
It has repeated the provision on the exclusive competence of the court to make decisions on preliminary custody but has not changed the provision specifying the maximum duration of such measure, with one exception: it has introduced a uniform, two-year long period of its application with respect to both felonies and misdemeanours.
It follows from the construction of the constitutional provisions that detention may last for a maximum of 72 hours:a motion for preliminary custody must be made within 48 hours and the court has 24 hours to decide.
In reporting on the implementation of the Committee's recommendations(CAT/C/SR.279, paras. 11 and 14 of the concluding observations),it should be noted that since 4 August 1996 legal proceedings in Poland have been governed by the amended Code of Criminal Procedure according to which preliminary custody may be applied only by a court art. 210, para. 3.
Ministry of Justice Decree No. 6/1996(12 July) on the Rules andRegulations concerning Imprisonment and Preliminary Custody stipulates that victims' rights may be defended either in person, by a legal counsel, by a statutory agent or by proxy.
As stated in the initial report, on the basis of the Criminal Procedure Act, a person can be detained(in preliminary custody), according to precisely regulated provisions, if there is a reasonable suspicion that he/she has committed a criminal act.
Supervision over the legality and the process of execution of the penalty of deprivation of liberty, the penalty of arrest, the penalty of military arrest,as well as over preliminary custody(penitentiary supervision) is exercised, pursuant to the Code of Execution of Penalties, by the penitentiary judge and public prosecutor.