Traduction de «condamner à subir son procès » (Français → Anglais) :

202.11 Notwithstanding a finding that the accused person is fit to stand trial, the court martial may order an accused person to continue to be detained in custody in a hospital or other appropriate place until the completion of the trial, where the court martial has reasonable grounds to believe that the accused person will become unfit to stand trial unless so detained.

The effects of a conviction handed down in another Member State should be equivalent to the effects of a national decision at the pre-trial stage of criminal proceedings, at the trial stage and at the time of execution of the sentence.

These previous convictions are to be taken into account at the pre-trial and trial stage, as well as when the sentence is executed.

A transfer may be made under the Convention only on the following conditions (Article 3): a) if that person is a national of the administering State; b) if the judgment is final; c) if, at the time of receipt of the request for transfer, the sentenced person still has at least six months of the sentence to serve or if the sentence is indeterminate; d) if the transfer is consented to by the sentenced person or, where in view of his age or his physical or mental condition one of the two States considers it necessary, by the sentenced person's legal representative; e) if the acts or omissions on account of which the sentence has been im ...[+++]posed constitute a criminal offence according to the law of the administering State or would constitute a criminal offence if committed on its territory; and f) if the sentencing and administering States agree to the transfer.

According to the Convention, the sentencing State may request another Contracting State to enforce a sentence only if one or more of the conditions set out in Article 5 are fulfilled, namely: (a) if the sentenced person is ordinarily resident in the other State; (b) if the enforcement of the sentence in the other State is likely to improve the prospects for the social rehabilitation of the sentenced person; (c) if, in the case of a sentence involving deprivation of liberty, the sentence could be enforced following the enforcement of another sentence involving deprivation of liberty which the sentenced person is undergoing or is to unde ...[+++]rgo in the other State; (d) if the other State is the State of origin of the sentenced person and has declared itself willing to accept responsibility for the enforcement of that sentence; or (e) if it considers that it cannot itself enforce the sentence, even by having recourse to extradition, and that the other State can. In addition, the judgment handed down in the requesting State must be final and enforceable and the offence in respect of which the sentence has been passed must also constitute an offence under the law of the requested State ("double criminality" requirement [76]).

Offenders eligible for electronic surveillance are those sentenced to a term of imprisonment up to a certain limit (France: one year or more for offenders who have less than a year left to serve; Italy: four years; Sweden: three months).