Traduction de «Demande de délégation de poursuite pénale » (Français → Anglais) :

request for execution of criminal judgments

principle of substitute criminal jurisdiction

substitute criminal jurisdiction

It follows inter alia that, under those provisions, the request to initiate criminal proceedings against a Member may be made by any authorised State body, the injured party as plaintiff or a private plaintiff.

Is a national law compatible with the obligation of a Member State to provide for the effective prosecution of criminal offences by customs officials if that law provides for criminal proceedings brought against customs officials — for participation in a conspiracy to commit corruption offences while performing their professional duties (accepting bribes for non-performance of customs inspections), and for specific bribery offences and concealment of bribes received — to be terminated, without the court having examined the charges brought, under the following conditions: (a) two years have elapsed since the accused was charged; (b) the ...[+++]accused has lodged a request for the pre-trial investigation to be concluded; (c) the court has given the prosecutor a period of three months to conclude the pre-trial investigation; (d) during that period, the prosecutor has committed ‘infringements of essential procedural requirements’ (failure properly to notify a supplementary charge, failure to disclose the investigation file, contradictory indictment); (e) the court has given the prosecutor a further period of one month to remedy those ‘infringements of essential procedural requirements’; ([f]) the prosecutor has failed to remedy the ‘infringements of essential procedural requirements’ within that time-limit — albeit that the infringements committed within the first three-month period and the failure to remedy them within the subsequent one-month period are attributable both to the prosecutor (failure to remove contradictions in the indictment; failure to take real action for most of those periods) and also to the defence (breach of the duty to cooperate with respect to notification of the charge and inspection of the investigation file due to the hospitalisation of the accused and claims regarding the lawyers’ other professional commitments); ([g]) the accused has acquired a subjective right to the termination of the criminal proceedings on account of the failure to reme ...

A. whereas the Prosecutor-General of the Republic of Poland has forwarded a request from the District Prosecutor’s Office in Warsaw for authorisation to bring criminal proceedings against a Member of the European Parliament, Janusz Korwin-Mikke, with regard to an offence under Article 222(1) of the Polish Criminal Code; whereas, in particular, the proceedings concern the alleged infringement of the physical integrity of a public official;

A. whereas the Deputy Attorney General of the Portuguese Republic has forwarded the request for the waiver of the parliamentary immunity of Ana Gomes, made by a public prosecutor of the Lisbon Department of Investigation and Criminal Proceedings in connection with allegedly defamatory statements made by Ms Gomes during a television debate; whereas the request has been made so that criminal proceedings may be instituted against Ms Gomes and the latter may be questioned in the context of those proceedings;