The 1997 Criminal Code of the People's Republic of China

Format: Hardcover

Language: English

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Defendant may apply to the supreme court for review of a trial court order denying defendant appointed counsel. The module will focus both on substantive crimes and on enforcement mechanisms. The accused shall enjoy the right to an expeditious, regular and fair trial. In a deferred prosecution, the proceedings in a criminal case are put off for a period of time, say one year, subject to certain conditions. The minimum term for a sentence to life imprisonment shall be ten years, if not otherwise specified by statute. §31.4.

Pages: 341

Publisher: William S Hein & Co (March 1998)

ISBN: 1575883988

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Such a motion shall specify the particulars sought by the defendant Judging Addicts: Drug Courts download epub An offender given a conditional discharge must obey the conditions imposed by the judge or face a more severe sentence. An offender who is given a discharge will not receive a criminal record for the offence. The right to appeal a court's decision is an important safeguard in our legal system because a court could make an error in a trial. In most civil and criminal cases, a decision made at one level of the court system can be appealed to a higher level ref.: Rethinking Rehabilitation: Why Can't We Reform Our Criminals? L. 87–849 provided in part that: “All exemptions from the provisions of sections 281, 282, 283, 284, 434, or 1914 of title 18 of the United States Code heretofore created or authorized by statute which are in force on the effective date of this Act [see Effective Date note under section 201 of this title] shall, on and after that date, be deemed to be exemptions from sections 203, 204, 205, 207, 208, or 209, respectively, of title 18 of the United States Code except to the extent that they affect officers or employees of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, as to whom they are no longer applicable.” “(a) Sections 203, 205, 207, and 208 of title 18, United States Code, shall not apply to a private sector representative on the United States delegation to an international telecommunications meeting or conference who is specifically designated to speak on behalf of or otherwise represent the interests of the United States at such meeting or conference with respect to a particular matter, if the Secretary of State (or the Secretary's designee) certifies that no Government employee on the delegation is as well qualified to represent United States interests with respect to such matter and that such designation serves the national interest , e.g. Followership: How Followers read pdf

The bigger concern for us as a society is those innocent people who are rotting away in prison or who have been put to death for crimes they did not commit , e.g. Changes in Society, Crime and Criminal Justice in Europe / Changements de Societe, Crime et Justice Penale en Europe (Kluwer Sovac Series on Social Security) (Vol I) A married woman is not free from criminal responsibility for doing or omitting to do an act merely because the act or omission takes place in the presence of her husband. But a wife of a Christian marriage is not criminally responsible for doing or omitting to do an act which she is actually compelled by her husband to do or omit to do, and which is done or omitted to be done in his presence, except in the case of an act or omission which would constitute an offence punishable with death, or an offence of which grievous harm to the person of another, or an intention to cause such harm, is an element, in which case the presence of her husband is immaterial Restorative Justice & download here Restorative Justice & Responsive.

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The appeal to the Supreme Court in cases where the penalty imposed by the Regional Trial Court is reclusion perpetua. the appellate court may increase the penalty and indemnity of damages awarded by the trial court although the offended party had not appealed from said award American Justice in the Age of Innocence: Understanding the Causes of Wrongful Convictions and How to Prevent Them (Paperback) - Common The NYS Attorney General's office has told us they represent the State and State agencies so only an Agency can request a review. If you want a legal opinion from the AG's office, you simply contact one of your elected officials to the NY State Assembly. Remember, your elected official work for you , source: Banks on Sentence 2015: Volumes 1 and 2 Banks on Sentence 2015: Volumes 1 and 2. Cases of first instance where a Higher People's Court has imposed a death sentence and the defendant does not appeal, and cases of second instance where a death sentence has been imposed shall all be submitted to the Supreme People's Court for approval Ecuador Criminal Laws, read pdf With regard to a case under which the circumstance of the crime is of a minor nature and which shall, according to the provisions of the Criminal Law, not be given a criminal punishment or be exempted from criminal punishment, the people's procuratorate may make a decision not to initiate a prosecution , e.g. The Colour of English Justice: A Multivariate Analysis (Avebury Series in Philosophy) download for free. For complete classification of this Act to the Code, see Short Title note set out under section 601 of Title 7 and Tables Comprehensive Criminial download for free Intermediate People's Courts: Counterrevolutionary cases (i.e. treason, political crimes), cases involving foreigners, and cases with a possible sentence of life imprisonment or death (Article 15) Blackstone's Police Manual: read epub The first to third sentences shall not apply if the person concerned already has or must have knowledge of the request for information or if the use of the data has already been permitted by a court decision Smith and Hogan's Criminal Law by Ormerod, David 13th (thirteenth) Edition (2011) Smith and Hogan's Criminal Law by. At the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may file written requests that the court shall instruct the jury on the law as set forth in the requests , e.g. Criminology download online Criminology. The following actions shall then be taken: (1) In case of the official’s arrest, the official conducting the arrest shall inform the arrestee of the allegation and the essential facts of the offence alleged , cited: Comprehensive Criminal download epub

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Investigation and trial of offenses committed by juvenile offenders, including girls, shall be conducted in accordance with the relevant laws and regulations. The Bureau of Investigation and Prosecution shall conduct its investigation and prosecution in accordance with its Law and the implementing regulations thereof Essentials of Criminal read here Henry Alford was charged with first-degree murder, a capital crime, and faced strong evidence of guilt. Rather than going to trial, he pleaded guilty to second-degree murder, a non-capital crime, while protesting his innocence. 30 In North Carolina v. Alford, the Supreme Court held that defendants may knowingly and voluntarily plead guilty even while protesting their innocence , e.g. Criminal Procedure, 5th, download here Criminal Procedure, 5th, Hornbook. Gewirtz, Paul, Johnson, Karen, & Cogan, Jacob Katz eds. Global Constitutionalism: Criminal Procedure, Courts and Politics (New Haven, CT: Yale Law School, 2000). Covers "the right to silence and the privilege against self-incrimination, the right to confront witnesses, and the relationship between the media and the courts in criminal cases" with illustrative cases from the Australia, Canada, England and Wales, the European Court of Human Rights (ECHR), Germany, Israel, Italy, the International Criminal Tribunal for Yugoslavia (ICTY), and the United States ref.: A Pound of Flesh: Monetary download here Any person who may lawfully arrest another in respect of any offence and who knows or reasonably suspects such other person to be on any premises, may, if he first audibly demands entry into such premises and notifies the purpose for which he seeks entry and fails to gain entry, break open, enter and search such premises for the purpose of effecting the arrest. (a) ‘arrestor’ means any person authorised under this Act to arrest or to assist in arresting a suspect; (b) ‘suspect’ means any person in respect of whom an arrestor has a reasonable suspicion that such person is committing or has committed an offence; and (c) 'deadly force' means force that is likely to cause serious bodily harm or death and includes, but is not limited to, shooting at a suspect with a firearm. (2) If any arrestor attempts to arrest a suspect and the suspect resists the attempt, or flees, or resists the attempt and flees, when it is clear that an attempt to arrest him or her is being made, and the suspect cannot be arrested without the use of force, the arrestor may, in order to effect the arrest, use such force as may be reasonably necessary and proportional in the circumstances to overcome the resistance or to prevent the suspect from fleeing, but, in addition to the requirement that the force must be reasonably necessary and proportional in the circumstances, the arrestor may use deadly force only if- (a) the suspect poses a threat of serious violence to the arrestor or any other person; or (b) the suspect is suspected on reasonable grounds of having committed a crime involving the infliction or threatened infliction of serious bodily harm and there are no other reasonable means of effecting the arrest, whether at that time or later. (a) Any person who is arrested with or without warrant for allegedly committing an offence, or for any other reason, shall as soon as possible be brought to a police station or, in the case of an arrest by warrant, to any other place which is expressly mentioned in the warrant. (b) A person who is in detention as contemplated in paragraph (a) shall, as soon as reasonably possible, be informed of his or her right to institute bail proceedings. (i) no charge is to be brought against him or her; or (ii) bail is not granted to him or her in terms of section 59 or 59A, he or she shall be brought before a lower court as soon as reasonably possible, but not later than 48 hours after the arrest. (i) outside ordinary court hours or on a day which is not an ordinary court day, the accused shall be brought before a lower court not later than the end of the first court day; (ii) or will expire at, or if the time at which such period is deemed to expire under subparagraph (i) or (iii) is or will be, a time when the arrested person cannot, because of his or her physical illness or other physical condition, be brought before a lower court, the court before which he or she would, but for the illness or other condition, have been brought, may on the application of the prosecutor, which, if not made before the expiration of the period of 48 hours, may be made at any time before, or on, the next succeeding court day, and in which the circumstances relating to the illness or other condition are set out, supported by a certificate of a medical practitioner, authorise that the arrested person be detained at a place specified by the court and for such period as the court may deem necessary so that he or she may recuperate and be brought before the court: Provided that the court may, on an application as aforesaid, authorise that the arrested person be further detained at a place specified by the court and for such period as the court may deem necessary; or (iii) at a time when the arrested person is outside the area of jurisdiction of the lower court to which he or she is being brought for the purposes of further detention and he or she is at such time in transit from a police station or other place of detention to such court, the said period shall be deemed to expire at the end of the court day next succeeding the day on which such arrested person is brought within the area of jurisdiction of such court. (a) “a court day” means a day on which the court in question normally sits as a court and “ordinary court day” has a corresponding meaning; and (b) “ordinary court hours” means the hours from 9:00 until 16:00 on a court day. (3) Subject to the provisions of subsection (6), nothing in this section shall be construed as modifying the provisions of this Act or any other law whereby a person under detention may be released on bail or on warning or on a written notice to appear in court. (i) was arrested for allegedly committing an offence shall, subject to this subsection and section 60- (aa) be informed by the court of the reason for his or her further detention; or (bb) be charged and be entitled to apply to be released on bail, and if the accused is not so charged or informed of the reason for his or her further detention, he or she shall be released; or (ii) was not arrested in respect of an offence, shall be entitled to adjudication upon the cause for his or her arrest. (b) An arrested person contemplated in paragraph (a)(i) is not entitled to be brought to court outside ordinary court hours. (c) The bail application of a person who is charged with an offence referred to in Schedule 6 must be considered by a magistrate’s court: Provided that the Director of Public Prosecutions concerned, or a prosecutor authorised thereto in writing by him or her may, if he or she deems it expedient or necessary for the administration of justice in a particular case, direct in writing that the application must be considered by a regional court. (d) The lower court before which a person is brought in terms of this subsection, may postpone any bail proceedings or bail application to any date or court, for a period not exceeding seven days at a time, on the terms which the court may deem proper and which are not inconsistent with any provision of this Act, if- (i) the court is of the opinion that it has insufficient information or evidence at its disposal to reach a decision on the bail application; (aa) procure material evidence that may be lost if bail is granted; or (bb) perform the functions referred to in section 37; or (v) it appears to the court that it is necessary in the interests of justice to do so. (7) If a person is arrested on suspicion of having committed an offence, but a charge has not been brought against him or her because further investigation is needed to determine whether a charge may be brought against him or her, the investigation in question shall be completed as soon as it is reasonably possible and the person in question shall as soon as it is reasonably possible thereafter, and in any event not later than the day after his or her arrest contemplated in subsections (1) and (2), be brought before an ordinary court of law to be charged and enabled to institute bail proceedings in accordance with subsection (6) or be informed of the reason for his or her further detention, failing which he or she shall be released ref.: Bahamas Criminal Laws, Regulations and Procedures Handbook: Strategic Information, Regulations, Procedures (World Business and Investment Library)

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