Examples of using Executing state in English and their translations into German
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Political
The competent authorities in the issuing and executing state;
Furthermore, the executing State would enforce the confiscation order at least to the extent provided for in similar domestic cases under national law.
Division of competences between issuing State and executing State.
The executing State would, there is a need to ensure that the fundamental right not to incriminate oneself was protected, and respect the need for additional safeguards with respect to search and seizure.
The principle of dual criminality applies,that is to say in both the Issuing and Executing States.
The judgment relates to criminal offences which under the law of the executing State are regarded as having been committed wholly or for a major or essential part within its territory, or in a place equivalent to its territory.
Where the requested personconsents to be surrendered to a State other than the executing State pursuant to an arrest warrant.
The executing State shall take all necessary measures for requesting forthwith the consent of the State from which the requested person was extradited so that he or she can be surrendered to the State which issued the arrest warrant.
In this respect, the following principles will apply as regards the division of competences between the issuing State and the executing State.
In most cases, the victims of the offence are in the issuing state, not in the executing state, so by delaying the trial and examination of the case, the rights of victims are also being undermined.
This Directive applies to persons subject to proceedings pursuant to Framework Decision 2002/584/JHA,from the time they are arrested in the executing State.
In order to prevent a crime, or a new crime,being committed against a protected person, the executing state is now given a legal base for recognising a decision previously adopted in another Member State. .
That does not imply that the person against whom a European Arrest Warrant has been issued is not, and should not,be able to exercise any rights in the executing state.
Execution may not be refused on theground that the offence may be regarded by the executing State as a political offence, as an offence connected with a political offence or an offence inspired by political motives.
One of the key elements of the proposed Framework Decision is the attempt to ensure a wellfunctioning division of competences between the issuing State and the executing State.
The Council also examined a provision according to which the executing state may refuse the recognition/execution of a confiscation order when the offences have been committed wholly or partly within the territory of the executing state. .
It will include a provision for access to a lawyer both in the issuing and the executing States in European Arrest Warrant cases.
If the issuing judicial authority does not know the competent executing judicial authority, it shall make the requisite enquiries,in order to obtain that information from the executing State.
Requests referred to in paragraph 1(a) and(b)shall be submitted by the issuing State and processed by the executing State in accordance with the rules applicable to mutual assistance in criminal matters and the rules applicable to international cooperation relating to confiscation.
Another area of obvious improvement on the current extradition procedure is deducting any detention enforced aspart of the execution of the European arrest warrant in the executing State from the prison sentence that the person handed receives.
In the present case, the French Republic has made a statement in accordance with Article 32 of the Framework Decision,declaring that, as executing State, it will continue to deal with requests relating to acts committed before 1 November 1993, the date of entry into force of the Maastricht Treaty, in accordance with the extradition system applicable before 1 January 2004.
This comes from the principle of mutual recognition upon which the Framework Decisions are based andis reflected in the provision common to the Framework Decisions that the executing State shall recognise a judgment which has been forwarded by the issuing State. .
However, by way of derogation from the rules on mutual assistance referred to in paragraph 2, the executing State may not refuse requests referred to under paragraph 1(a) on grounds of absence of double criminality, where the requests concern the offences referred to in Article 3(2) and those offences are punishable in the issuing State by a prison sentence of at least three years.
The main goal of the initiative is to allow one EU member state("the issuing state")to issue an European Investigation Order and forward it to another member state("the executing state") in order to have one or several specific investigative measure(s) carried out with a view to gathering evidence.
As regards grounds for refusal,the Council agreed on a consultation mechanism between Member States before the executing State decides not to recognise or execute a confiscation order when it falls outside the scope of the option adopted by the executing State under the draft Framework Decision on confiscation of crime-related proceeds, instrumentalities and property.
Grounds for non-recognition or non-execution: A number of safeguards ensure that an EIO will not be executed if it could harm national security interests orimmunities established in the executing state, for instance rules limiting criminal liability relating to freedom of the press.
In any case, a person who has been surrendered to the issuing State pursuant to an arrest warrant may, without the consent of the executing State, be surrendered to a State other than the executing State pursuant to an arrest warrant issued for any offence committed prior to his or her surrender in the following cases.
According to Article 14 of the draft, confiscated assets or proceeds of the sale of confiscated property shall,after deduction of the executing State's costs, be returned to the issuing State unless otherwise agreed between the issuing State and the executing State.
The executing judicial authority may, after deciding to execute the arrest warrant,postpone the surrender of the requested person so that he or she may be prosecuted in the executing State or, if he or she has already been sentenced, so that he or she may serve, in its territory, a sentence passed for an act other than that referred to in the arrest warrant.
Notes: Maria Felicia de Bethlenfalva her parents were Alexius(Elek) Thurzó de Bethlenfalva and Barbara(Borbála) Zrínskyi(Zrínyi) de Serin† after 1624,in Prague was 21/06/1921 at Old Town Square executed States Joannes Jessenius, blood related family Sandor de Szlavnicza- Ondrejkovič: activity renoved history of Upper Nitra deals with one of the personalities Partizánske Mr Peter Múčka.