Traduction de «tribunal qui détermine la peine » (Français → Anglais) :

The implementation of Article 3 paragraphs (4) and (5) will have to be assessed in the light of national criminal law principles and procedures related specifically to imposing sentences (e.g. aggregated sentences).

I would like to give you a specific example: our colleague, Mr Onesta, the Vice-President of the European Parliament, was sentenced a few months ago by a court in France to a suspended sentence of several months for an act that, under Polish law, would automatically mean the loss of one’s mandate to the European Parliament.

This provision provides that the court can mitigate a sentence (according to the rules laid down in Article 49 of the Criminal Code) or even decide not to impose a sentence provided that the sentence would not have exceeded one year or 360 daily fines, provided that the author of the offence has a) undergone the mediation procedure (Täter-Opfer-Ausgleich) and has made full or almost full reparation for the damage caused, or has genuinely tried to do so or, b) made full or almost full reparation for the damage caused, provided that this required considerable personal effort on the part of the author of the offence.

J. whereas, on 22 March 2002, the international media carried reports about Nigerian Justice Minister Godwin Agabi's letter to the 12 northern Nigerian states applying Sharia law stating that "a Muslim should not be subjected to a punishment more severe than would be imposed on other Nigerians for the same offence' and that any court "which imposes discriminatory punishment is deliberately flouting the constitution' (Section 42 (1a) which guarantees sexual, religious, ethnic and political freedoms),

J. whereas, on 22 March 2002, the international media carried reports about Nigerian Justice Minister Godwin Agabi's letter to the 12 northern Nigerian states applying Sharia law stating that ‘a Muslim should not be subjected to a punishment more severe than would be imposed on other Nigerians for the same offence’ and that any court ‘which imposes discriminatory punishment is deliberately flouting the constitution’ (Section 42 (1a) which guarantees sexual, religious, ethnic and political freedoms),

In all cases, racist or xenophobic motivation shall be considered to be an aggravating circumstance or, alternatively, the courts must be empowered to take such motivation into consideration when determining the penalties to be applied.