Примеры использования Same conduct на Английском языке и их переводы на Русский язык
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The same conduct, perpetrated.
This is regardless of the identity of the alleged offender or of the victim, orwhether another State can exercise jurisdiction over the same conduct;
The same conduct committed by use of arms or which caused mass disorders, loss of life or other grave consequence.
No person who has been tried by the Court, or another court,for conduct proscribed by article 70 shall be tried by the Court with respect to the same conduct.
The other condition is that the same conduct"constitutes a breach of an international obligation of that organization.
The Chamber noted that the Appeals Chamber has interpreted the latter to mean that the investigation orprosecution must cover"substantially" the same conduct.
In that context, it had been noted that the same conduct might be attributable to a State and an international organization, or to two or more international organizations.
However, it concluded that a domestic investigation orprosecution for"ordinary crimes", to the extent that the case covers the same conduct, would be sufficient.
This provides, moreover, that the same conduct should not serve in a particular case as evidence of both practice and acceptance of that practice as law.
It appears that there may be cases in which the competencies and responsibilities of the four authorities may overlap orthe authorities may handle the same conduct from different angles.
In some systems, the same conduct that would constitute commercial fraud may give rise to actions based on deliberate tortious conduct such as misrepresentation or deceit.
Suspension of the statute of limitations period is possible when the accused is absent from the jurisdiction ora prosecution is pending against the accused for the same conduct.
The question of what constitutes"substantially the same conduct as alleged in the proceedings before the Court" will vary according to the concrete facts and circumstances of the case and requires, therefore, a case-by-case analysis.
Saying that an international organization is responsible for its own unlawful conduct does not imply that other entities may not also be held responsible for the same conduct.
The Chamber stressed that the question of what constitutes"substantially the same conduct as alleged in the proceedings before the Court" will vary according to the concrete facts and circumstances of the case and requires, therefore, a case-by-case analysis.
The first requirement involves a consideration of whether the Libyan investigation covers the"same case",characterized by two components: the same person and the same conduct.
El Salvador is encouraged, if it has learned that any other States Parties are conducting an investigation orjudicial proceeding in respect of the same conduct, to consult with the other State or States with a view to coordinating actions art. 42, para. 5.
More specifically, Canada opposes extraterritorial measures that contradict or undermine the laws orclearly enunciated policies of another State exercising concurrent jurisdiction on a territorial basis over the same conduct.
Thus, attribution of a certain conduct to an international organization does not imply that the same conduct cannot be attributed to a State; nor does attribution of conduct to a State rule out attribution of the same conduct to an international organization.
No person who has been tried by another court for conduct also proscribed under articles 6, 7 or8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court.
In determining the criminal sanctions to be imposed, the national criminal courts may, in accordance with fundamental principles of their domestic law,take into account any disciplinary sanction already imposed on the same person for the same conduct.
However, with respect to requests relating to offences established in accordance with article 5 or to serious crime,where States parties are not required to criminalize the same conduct, no obligation to extradite arises unless this dual criminality requirement is fulfilled.
It was precisely by using the same criterion of attribution for the purpose of State responsibility and of immunity of State officials ratione materiae that the responsibility of the State, as well as the individual criminalresponsibility of the official, would be engaged for the same conduct.
In imposing a revised sentence, the Appeals Chamber considered theelement of double jeopardy, in that the appellant had had to appear for sentence twice for the same conduct and also that he had been detained a second time after a period of release of nine months.
Article 42, paragraph 5, requires that the competent authorities of States Parties, as appropriate, consult one another with a view to coordinating their actions, in the case that a State Party has been notified, or has otherwise learned, that any other States Parties are conducting an investigation, prosecution orjudicial proceeding in respect of the same conduct.
If, under a generally applicable law of the State of imprisonment,a person in the same circumstances who had been convicted for the same conduct by a court of that State would be eligible for pardon, parole or commutation of sentence, the State shall so notify the Court.
The question is what difference does it make to the responsibility of one State, if another State(or indeed several other States)is also responsible for the very same conduct, or is also injured by it.
The Chamber noted that the same case for the purposes of article 17(1)(a) of the Statute has been found to be characterized by two components: the same person and the same conduct, while the Appeals Chamber has interpreted the latter to mean that the investigation orprosecution must cover"substantially" the same conduct.
Should one assume that conduct could not be simultaneously attributed to a State and an international organization,the positive criteria for attributing conduct to a State would imply corresponding negative criteria with regard to attribution of the same conduct to an international organization.
A State Party which receives a request from the Court for the surrender of a person under article 89 shall,if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact.