Примеры использования Principle of non на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
The non-derogability of the principle of non.
Mr. SCHEININ pointed out that the principle of non bis in idem was not reflected in the English version, only in the French.
New Zealand is in principle opposed to any derogation from the principle of non bis in idem.
Among other things, the principle of non bis in idem should be noted here, which under the Protocol becomes unconditional.
That would also serve to enhance the principle of non bis in idem.
Люди также переводят
That provision not only violated the principle of non bis in idem but also placed the court in a superior position vis-à-vis national courts.
Although such a provision was to be found in the statute of the International Tribunal for the former Yugoslavia,it was an excessive derogation from the principle of non bis in idem.
The issue therefore arose as to whether the principle of non bis in idem was genuinely being adhered to.
In a discussion of the substance of the statute, therefore, it was necessary to distinguish clearly between the concept of res judicata,the right of revision and the principle of non bis in idem.
As regards article 42,the remark was made that, the principle of non bis in idem was closely linked with the issue of complementarity.
Greater thought should be devoted to the obligation of States partiesto communicate evidence and extradite criminals within defined limits, and to the principle of non bis in idem.
It also supported the language of article 42, which recognized the principle of non bis in idem and whose limitations seemed reasonable.
When an application for asylum is made at the border, it is the Office of the Commissioner General for Refugees andStateless Persons that takes decisions concerning the principle of non- refoulement.
One school of thought endorses the principle of non bis in idem and supports its incorporation in the draft Code, while the other opposes its incorporation.
Mr. Palacios(Mexico) said that some of the provisions of the Statute of the Court were at variance with the Constitution of Mexico,such as those concerning the principle of non bis in idem, the surrender of individuals to the Court and the procedural guarantees.
Another significant development relates to the principle of non bis in idem, which generally prohibits a second trial of defendants for the same offence.
Thus, concern was voiced that paragraph 2 left open the possibility that, under certain circumstances, a person who had already been tried by one court could in fact be tried under the statute,which not only violated the principle of non bis in idem but also placed the Court in a superior position vis-à-vis national courts.
A higher court of cassation,guided by the principle of non bis in idem, ruled that the guilty parties could not be held liable twice for the same offencefirst criminally, and then administratively.
Furthermore, he submits that the offences he allegedly committed in Switzerland, Belgium and France are"concomitant, connected and inseparable"; since he had already been convicted in Belgium for the offences mentioned in the warrant, the French authorities, by prosecuting him again,violated the principle of non bis in idem.
Furthermore, in keeping with this, the principle of non bis in idem is developed, although no reference is made to article 10, paragraph 2(b), of the Statute since the situations envisaged would be unlikely to occur in Spain.
According to information before the Committee, those who were not recognized as conscientious objectors were repeatedly brought to court and sentenced to penalties, including imprisonment,which contravened the principle of non bis in idem and constituted psychological pressure with the intention of forcing others to change their views.
It was appropriate to include in the draft Code the widely accepted principle of non bis in idem, but the exceptions to the principle provided in article 12 did not reflect its true implications and would inevitably give rise to controversies.
Many countries have introduced similar new legislation and considerable advances have been made regarding the removal of existing legal restrictions to the prosecution of international crimes under national law, such as prescription, amnesty,extradition, the principle of non bis in idem, due obedience, immunity of own Heads of States and superior responsibility.
The draft articles should reflect the principle of non bis in idem, which established that a person expelled was exonerated from legal and criminal responsibility in the expelling State and should therefore not be tried again for the same offence in the receiving State.
The insertion of the above text does not intend to cover all the matters encompassed by article 42 of the Statute of the International Law Commission, butonly those pertaining to the principle of non bis in idem stricto sensu, as it does not address the possible application of this principle by the international criminal court in relation to decisions of national courts.
The issue arises as to whether the principle of non bis in idem is being adhered to when the court can try a person again who has been properly tried by a national court solely on the ground that the offence concerned was characterized as an ordinary crime.
Belgian law thus recognizes the equality of all before the law, the right of access to an independent, impartial tribunal, the public character of hearings, the presumption of innocence, respect for the rights of the defence, the principle of the legality of offences andpenalties, the obligation to give reasons for decisions, the right of appeal in criminal matters and the principle of non bis in idem.
The provisions regarding the principle of non bis in idem in article 42 of the draft statute appear to actually contradict the requirements of that principle, and run the risk of turning the international criminal court into a de facto superior court or appeals court for the domestic court systems of individual States.
The principle of non bis in idem, which is provided for in article 14, paragraph 7, of the Covenant, may be violated as a result of:(a) the assignment of cases to the inappropriate court by the police(para. 51); and(b) the reopening of cases in which the accused has been tried and acquitted paragraph 57 of the report of the Special Rapporteur on the independence of judges and lawyers.
The Commission had been wise to leave open the question of specific penalties andit had satisfied international standards of due process and the principles of non bis in idem, non-retroactivity, and extenuating circumstances.