Traduction de «Exculpatory » (Anglais → Français) :

This shall be without prejudice to any obligation on the judge or the competent court to seek both inculpatory and exculpatory evidence, and to the right of the defence to submit evidence in accordance with the applicable national law.

22. Reiterates the need for the EPPO to seek out all relevant evidence, whether inculpatory or exculpatory; insists, furthermore, that it is necessary to grant suspects or accused persons in any investigation undertaken by the EPPO certain rights concerning evidence, in particular:

11. Recalls that the actions and investigations undertaken by all prosecutors and staff of the EPPO must be conducted in full compliance with the principles of law, notably as regards the rights conferred on the suspect or the accused person, such as respect for the presumption of innocence until a final and irrevocable court ruling has been reached, the right to a fair trial, the right to remain silent, the right to defence counsel and legal aid, and the principle of non bis in idem; calls on the Member States to ensure the adoption of harmonised measures regarding the recognition and admissibility of the evidence submitted by the EPPO; considers, in particular, that the conditions for admissibility of evidence should be such as to respe ...[+++]ct all rights guaranteed by the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights, as interpreted in the case-law of the European Court of Human Rights, and in accordance with Article 6 of the Treaty on the European Union; considers that the EPPO should actively seek all relevant evidence, whether inculpatory or exculpatory;

22. Reiterates the need for the EPPO to seek out all relevant evidence, whether inculpatory or exculpatory; insists, furthermore, that it is necessary to grant suspects or accused persons in any investigation undertaken by the EPPO certain rights concerning evidence, in particular:

invites the Council to pursue without delay, within the appropriate UN structures, the procedures envisaged for a mechanism for dealing with the immediate and longer-term residual functions, concerning for example witness protection, protection from witness intimidation, contempt of court issues, reviews in the event of exculpatory evidence being received, monitoring of trials referred to the region (currently monitored by the Tribunal's Prosecution Service through the Organisation for Security and Co-operation in Europe (OSCE)), conditions of imprisonment and issues relating to pardon or commutation of sentences, etc; suggests that a p ...[+++]roposal be put to the UN Security Council for the possible setting-up of a joint office to deal with the future residual functions of the Tribunal and of the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone;

(l) invites the Council to pursue without delay, within the appropriate UN structures, the procedures envisaged for a mechanism for dealing with the immediate and longer-term residual functions, such as witness protection, protection from witness intimidation, contempt of court issues, reviews in the event of exculpatory evidence being received, monitoring of trials referred to the region (currently monitored by the Tribunal's Prosecution Service through the Organization for Security and Co-operation in Europe (OSCE)), conditions of imprisonment and issues relating to pardon or commutation of sentences, etc; suggests that a proposal be ...[+++]put to the UN Security Council for the possible setting-up of a joint office to deal with the future residual functions of the Tribunal and of the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone;