Traduction de «Compte sous procès judiciaire » (Français → Anglais) :

(15) The pre-trial conference reports and any other materials filed for use at the pre-trial conference or prepared as a result of the pre-trial conference shall be provided to the trial judge, except that all references to the sentencing positions advanced by Crown counsel, the criminal record of the accused and any application relating to evidentiary use of the accused’s criminal record shall be deleted from the materials provided to the trial judge, kept in the custody of the court and only disclosed by order of a judge of the court.

where the economic operator is bankrupt or is the subject of insolvency or winding-up proceedings, where its assets are being administered by a liquidator or by the court, where it is in an arrangement with creditors, where its business activities are suspended or it is in any analogous situation arising from a similar procedure under national laws and regulations; the contracting authority or the contracting entity may, however, decide not to exclude or be required by the Member State not to so exclude an economic operator which is in one of the above situations where it has established that the economic operator in question will be ab ...[+++]le to perform the concession, taking into account the applicable national rules and measures on the continuation of business in the case of those situations.

However, the discretion of Member States for transposing these grounds into national law is particularly governed by the right to a fair trial, while taking into account the overall objective of this Framework Decision to enhance the procedural rights of persons and to facilitate judicial cooperation in criminal matters,

2. Firms or individuals threatened with proceedings or wishing to bring proceedings in another Member State may need legal aid in the form of:

As to her broader question, the issue of whether substance abuse can be taken into account in determining the degree of culpability or the nature of the charge, may I simply say that the Criminal Code at present, and defences that are available to those accused of criminal acts, provide and have provided throughout the history of our justice system that all circumstances be taken into account, including the question of whether the individual accused was acting under the influence of an agent.

Particular attention has been drawn to aspects of the military justice system that reflect a disparity of treatment between soldiers and civilians or among military personnel, such as the lack of certain traditional criminal law safeguards at summary trials; the fact that only junior ranks (privates and corporals(3)) and non-commissioned officers (master-corporals and sergeants) can be summarily sentenced to detention or reduction in rank; the considerable discretion of commanding officers in deciding to proceed with or dismiss charges, possibly including even very serious criminal ...[+++]charges; and the fact that persons exercising judicial functions (or what would be judicial functions in the civilian system) are often members of the chain of command who have no legal training and who have other apparently conflicting responsibilities for administering the Code of Service Discipline.