Sentences with phrase «conviction in absentia»

In other words, the EU definition of what a conviction in absentia is and which conditions apply for a retrial of persons sentenced in their absence are not only binding but also limitative.

First of all, the national court wanted to know if the optional ground for refusal in case of a conviction in absentia as laid down in the new Article 4a (1) FD EAW precludes the Executing State from making the surrender conditional on the right of a retrial in the Issuing State, if deemed necessary by the Executing State, similar to what used to be possible on the basis of Article 5 (1) FD EAW 2002.

This distinction between both provisions is important because the possibilities for a conditional surrender regarding convictions in absentia were broader under the old provision, leaving the Spanish Constitutional Court just enough leeway to continue the line of reasoning of its earlier case law.

The fact that the national law of the Executing State might still consider these situations as convictions in absentia triggering the right to a retrial, is irrelevant.

Not exact matches

Furthermore, although he concurs with the result in this case, he considers that there was no need to modify of the Court's doctrine on extradition in cases of convictions rendered in absentia.

The order contained three questions: (i) whether Article 4a (1) FD must be interpreted as prohibiting Member States from making the execution of an EAW subject to the possibility of retrial in cases where a conviction has been rendered in absentia; (ii) whether Article 4a (1) FD is valid in light of Articles 47 and 48 of the EU Charter of Fundamental Rights; and (iii) whether, under Article 53 of the Charter, it can grant a higher level of protection than that provided for under EU law.

He argued that his surrender to the Italian authorities would infringe his right to fair trial enshrined in Article 24 (2) of the Spanish Constitution, because he had been convicted for a very serious offence in absentia without him having the possibility of challenging his conviction.

His convictions and four - year sentence were upheld, in absentia, in 2012.

Mr. Best had complained to the Canadian Judicial Council alleging serious misconduct by Justice J. Bryan Shaughnessy during a 2013 hearing where Best had asked Justice Shaughnessy to set aside his 2010 conviction obtained in absentia (in Best's absence) for contempt of court in a «trial» that Best had not be informed of and therefore did not attend.

This already difficult scenario was exacerbated by the use of a domestic terrorism conviction, made in absentia, to obtain an Interpol Red Notice and Worldwide Freezing Order against Mr Boreh and the brandishing of the underlying judgment to the media, financial institutions and international security organisations, including US Homeland Security.

If you fail to pay after conviction by trial in absentia, the Court can add another civil assessment of up to $ 300.00, and you can be sent to a collection agency for payment.