Sentences with phrase «if such prosecution»

However, a prosecution may be commenced within 1 year after discovery of the offense by an aggrieved party, or by a person who has a legal duty to represent the aggrieved party and who is not a party to the offense, if such prosecution is commenced within 5 years after the violation occurred.

Not exact matches

If animals were forced to experience such cruelty onshore, those responsible would be subject to prosecution under Western Australian animal welfare laws.

According to the Police perpetrators of such attacks risk arrest and prosecution if they go ahead with such acts of vandalism.

«If government does not exempt child victims of rape or defilement from the compulsory payment of N5000 for obtaining medical reports from hospitals as evidence for prosecution, perpetrators of these evil and criminal acts would continue to escape justice and such acts would continue to increase in our society,» she said.

(The press materials understandably keep mum about Basic Instinct but are not at all reluctant to describe the murder trial as «reminiscent of the romantic intrigue contained in such courtroom movie classics from the late 1950s as Billy Wilder's Witness for the Prosecution and Otto Preminger's Anatomy of a Murder,» politely admitting that Body of Evidence dutifully — if pointlessly — rips off both these very entertaining movies.)

The commissioner may enter into deferred prosecution agreements in lieu of finding probable cause if, in his or her judgment, such agreements are in the best interests of the department, the certificateholder, and the public.

Must be a member of the uniformed services on active duty or absent from that duty due to sickness, wounds, leave, or other lawful cause; OR a U.S. citizen serving with a U.S. ally force in the prosecution of a war or military action, if such service is similar to «military service» as defined under the SCRA.

Notwithstanding criminal prosecution, if you deliver or attempt to deliver any damaging code to this website, whether on purpose or negligently, you indemnify and hold TravelGround.com harmless, without limitation, against any and all losses, liabilities and damages which TravelGround.com may suffer as a result of such delivery, attempt or damaging code.

If you commit any of the offences set out in sections 85 to 88 of the ECT Act, you shall, notwithstanding any criminal prosecution, be liable for all losses, liabilities and damages that may be suffered by TravelGround.com due to or related to such offences.

(7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or to an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual; [the law enforcement exemption]

If law societies won't try, other sources should not be barred by such law society prosecutions.

But even if the plaintiff can establish such a state of affairs, one more element is required for a finding of malicious prosecution.

Article II of the Constitution prohibits a President from using the pardon power to overturn an impeachment.5 The Framers of the Constitution placed only this limitation on the ability of the President to exercise his pardon power, 6 and the only sanction for the abuse of the pardon power is the removal of the President through impeachment.7 The Constitution is silent, however, as to whether the President may grant himself a pardon from prosecution and, if so, when such a pardon may be issued.8 In the over 20,000 instances that Presidents have used this exclusive power, 9 no President has used this power to pardon himself.10

Mike Hough thought that a Sentencing Commission should be entitled to comment but warned that it would be overloaded if it were required to speak authoritatively about such broad topics as crime trends, policy and prosecution practice.

But, if your client is effectively «deputized» or becomes a «de facto» agent of the state who is called up to be a member of a posse for the police, for example, by using an agreed symbol such as shining a light with a symbol on it on some clouds, at that point, with respect to that matter, the 4th Amendment exclusionary rule and Miranda probably do apply to evidence that your client obtains, and exclusion of that kind of evidence could make prosecution much more difficult, unless the prosecution can successfully make an argument that the other evidence that the illegally obtained evidence leads them to is not «fruit of the poisonous tree» because it would have inevitably been discovered in due course using only the legally obtained evidence.

(1) A person is subject to prosecution in this state for an offense which he commits, by his own conduct or that of another for which he is legally accountable, if: (a) The conduct constitutes an offense and is committed either wholly or partly within the state; or (b) The conduct outside the state constitutes an attempt, as defined by this code, to commit an offense within the state; or (c) The conduct outside the state constitutes a conspiracy to commit an offense within the state, and an act in furtherance of the conspiracy occurs in the state; or (d) The conduct within the state constitutes an attempt, solicitation, or conspiracy to commit in another jurisdiction an offense prohibited under the laws of this state and such other jurisdiction.

The investigation of financial transactions, for example for the purchase of arms used in murder, may well provide evidence proving the commission of atrocities... Such prosecutions will be a key deterrent to the commission of future crimes, if they can curb the source of funding.

Would Ms Fry's bill make any such incidents subject to criminal prosecution in Canada, if they are not already?

Second, even if a prosecution had been reasonably in contemplation, none of the documents had been created with the dominant purpose of being used in such litigation.

HELD In order to prove an offence of outraging public decency the prosecution had to show that: (i) that the act was of such a lewd, obscene or disgusting character that it outraged public decency; and (ii) that the act took place in a public place and that it was capable of being seen by two or more persons present even if they had not actually seen it.

If there is room for a settlement process, such process will usually be initiated informally, be it by the prosecution or the investigated party.

As to the latter, in such a case it will plainly assist the jury to know that the accused has a propensity for untruthfulness, especially if the prosecution witnesses do not, and that this is so whether or not telling lies is an element of the offence charged.

If she wants, she could direct all such prosecutions are halted or stayed.

If other major price - fixing cases in Canada are any indicator, such as the ongoing Quebec - gasoline cartel or auto - parts investigation, what we will likely see in this case in coming months (assuming the Bureau has sufficient evidence to refer the matter for prosecution) is a series of negotiated guilty pleas and fines.

All lawyers who have a cause of action against a real estate brokerage should first do a fiduciary analysis to determine if advantages exist such as the extension of the statute of limitations, the burden of proof shifting, fee forfeiture, rescission, criminal prosecution or punitive damages.

All lawyers who have a cause of action against a real estate brokerage should first do a fiduciary analysis to determine if advantages exist such as the extension of the statute of limitations, burden of proof shifting, fee forfeiture, rescission, criminal prosecution or punitive damages.