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单词 申辩
释义

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第二而且很重 要的原因是,公平审判的种种需要——在这两案中, 除其他外,辩方均作了不在犯罪现场 申辩 , 因 此需 要一个会员国合作。
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The second and important reason is fair trial requirements — in both cases linked, among others things, to an alibi defence that required cooperation from a Member State.
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Grégoire Ndahimana 于上星期首次出庭,他对所有有关他的指 控申 辩 无 罪
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Grégoire Ndahimana made his initial appearance before a judge of the Tribunal last week, pleading not guilty on all charges against him.
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法院的结论是,Qadi的基本权 利,申辩权、 获得有效司法审查的权利和财产权遭到了侵犯。
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The Court concluded that Qadi’s fundamental
[...] rights, namely his right to defend [...]
himself, his right to an effective judicial
[...]
review and his right to property, had been infringed.
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学生及其父母可以亲自或由指定代表进 申辩。
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The pupil and his/her parents may
[...] state their claims in person or [...]
by an appointed representative.
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委员会注意到,提交申辩说由 于司法 系统缺乏独立性,自己无法在科特迪瓦获得实际有效的补救办法;他本人自出狱 [...]
伊始便受到治安机构某些人员的威胁;这些威胁使他无法诉诸于司法,更何况这 样做就等于向当局暴露自己,也就是给自己带来生命危险;最终,提交人不得不
[...]
逃到摩洛哥,在那里获得难民身份。
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The Committee notes the author’s
[...] argument that legal remedies in Côte d’Ivoire [...]
are in fact not available due to the lack
[...]
of independence of the judiciary, that he has been personally threatened since he left prison by members of the security forces, that those threats prevented him from taking the matter to court as such action would draw the attention of the authorities and therefore endanger his life, and that the author consequently had to flee to Morocco, where he was granted refugee status.
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该当事方只能向预审法官提供:有关为获得提 供者的同意而采取步骤的简述、一份有关该资料是否具 申辩 性 质 及得出该结论 理由的声明,以及一份提议的制衡措施清单。
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The party can submit to the Pre-Trial Judge only an overview of the steps taken to obtain the provider’s consent, a statement as to whether the information is exculpatory, the reasons why it is so, and a list of proposed counterbalancing measures.
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必须指出的是,根据既定程序处理纪律问题需要时间,包括有些情况下 需要在调查后获得进一步信息,按规定工作人员应有机会对指控的不当行为提申辩,因 此,表中数字反映了在本报告之前和期间提交人力资源管理厅但在本报 告所述期间结案的案件数
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It should be noted that, owing to the time required to process disciplinary matters under established procedures, including the need in some cases to obtain further information after the investigation, and the requirement to give staff members an opportunity to provide comments on charges of misconduct, the figures reflect cases completed during the reporting period that had been referred to the Office of Human Resources Management both prior to and during the reporting period.
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在本报告所述期间,审判分庭发出了 33 项
[...] 书面裁决,包括与一个会员国合作以获得关于不在犯罪现 申辩 的 有 关信息的若 干裁决。
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During the reporting period, the Trial Chamber filed 33 written decisions, including several
[...]
decisions regarding cooperation with a Member State for the obtention of relevant
[...] information with regard to an alibi defence.
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上诉分庭发现,审判分庭在评估给 Zigiranyirazo 定罪的两起 事件的不在犯罪现场申辩时, 存在若干严重的事实错误和法律失误,因而撤销 了原判。
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The Appeals Chamber reversed the convictions after finding several serious factual and legal errors in the Trial Chamber’s assessment of Zigiranyirazo’s alibi in respect of both events on which his convictions were based.
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至于仲裁条款因为其用 词模棱两可、不完整和模糊不清而缺乏有效性,必须立即指出的是,这 申辩 已被 法院驳回,尽管法院没有作出可强制执行的裁定,宣布该条款是无效的, 但这是驳回这种说法的一条充足的理由。
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As for the lack of validity of the arbitration clause on the grounds of its ambiguity, incompleteness and vagueness, it had to be pointed out immediately that these arguments had been dismissed by the Court, although it had made no enforceable judgement declaring the clause invalid, which was a sufficient reason to dismiss the argument.
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如果需要,实验室是否愿意出庭说明 申辩其 结果?
itopf.co.uk
Is the laboratory willing to explain and defend its results in court if required?
itopf.co.uk
Al Uteibi 先生一直无法就所遭的逮捕和监禁是否合法问题向主 管当局提申辩,并 且不准他寻求法律援助。
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The source contends that Mr. Al Uteibi has been unable to contest the legality of his arrest and detention before a competent authority and has been deprived of the possibility to seek legal assistance.
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被申请申辩说, 根据《纽约公约》第五条第 1(b)款,以及《国际商事仲裁 [...]
法》第 36 条第 1(a)㈡款(等同于《仲裁示范法》第 36(1)(a)㈡条),国际商业 合同中有些理由可用于拒绝承认或强制执行裁决,这就是在最后作出目前讨论 中的在智利寻求强制执行的裁决的程序中,被申请人未能够陈述其案情。
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The defendant had argued that there had [...]
been grounds in the international commercial contract under which recognition or
[...]
enforcement of the award could be refused, in accordance with both article V, paragraph 1 (b), of the New York Convention and article 36, paragraph 1 (a) (ii), of the International Commercial Arbitration Act (consistent with art 36(1)(a)(ii) MAL), in that it had been unable to present its case during the proceedings that had concluded in the award of which the enforcement in Chile was currently under discussion.
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在 2009 年 11 月 16 日 判决中,上诉分庭认定对 Zigiranyirazo 不在犯罪现申辩的评估有严重的法律 和事实错误,推翻了对 Zigiranyirazo 的定罪,做出了无罪开释判决。
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In its judgement of 16 November 2009, the Appeals Chamber, having found serious legal and factual errors in the assessment of his alibi, reversed Zigiranyirazo’s convictions and entered a verdict of acquittal.
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预防性羁押也降低了嫌疑申辩的可 能性,尤其是当他生活贫穷而无法依 靠辩护律师或支助来获取对他有利的证据时。
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Preventive detention also lessens a suspect’s possibilities of defence, particularly when the person is poor and cannot rely on a defence counsel or support to obtain evidence in his favour.
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但是,由于证人作证时间较长,增加了新的证人,而且辩方在检方即将结束 陈情时又进一步提出了不在犯罪现场 申辩 细 节 ,检方需要更多的时间陈情。
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However, additional time was required to present the Prosecution case, due to the length of the witnesses’ testimony, as well as the inclusion of supplementary witnesses and the Defence disclosure of further alibi particulars near the end of the Prosecution’s case.
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如 果检方打算增加证人以反驳辩方关于被告不在犯罪现场 申辩 , 预 定将于 2010 年 6 月 24 日启动该分庭的工作。
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The Prosecution is scheduled to move the Chamber, by 24 June 2010, if it intends to add witnesses to rebut the Defence alibi.
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考虑到请求强制执行的申请所具有的唯一目的是可以启动讨论强制执行的程
[...]
序,其中可以讨论所提出的索赔,以及所提出的抗辩是《民事程序法典》第 464 条第 2 款项所明确规定的抗辩,因此法院认定,为了发生效力,所提出的申请
[...] 人因为没有注册公司或代理其行事的人并非其代表因而申请人不具有合法性申辩,无 疑本应当在仲裁程序期间提出,但看来实际并未这样做。
daccess-ods.un.org
Bearing in mind that a request for enforcement had the sole purpose of making it possible to initiate enforcement proceedings at which claims could be discussed and that the defence that had been put forward was clearly that provided for under article 464, paragraph 2, of the Code of Civil Procedure, the Court held that in order to be effective, the claim of illegality on the part of the plaintiff for not having registered the firm or that
[...]
the person acting on its behalf was not its
[...] representative should undoubtedly have [...]
been made during the arbitral proceedings,
[...]
which did not seem to have happened.
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被拘禁期间,也从未能向任 何机申辩自己 被捕或被拘禁的合法性。
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At no point during his detention did he have the opportunity to challenge the legality of his arrest or his detention before any kind of authority.
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这一程序完 全符合《国际商事仲裁法》第 11 条第 3 款(等同于《仲裁示范法》第 11(3)条) 的规定,这为驳回被申请人申辩提 供了充分的根据。
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This procedure was fully in line with the provisions of article 11, paragraph 3, of the International Commercial Arbitration Act (consistent with art. 11(3) MAL), which provided sufficient grounds for dismissing the defendant’s argument.
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7名与Pavlov 先生没有亲属关系的目击证人也同样确认了他的不 在犯罪现场申辩。
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However, the court did not take into account that at least seven other witnesses, unrelated to Mr. Pavlov, had similarly confirmed his alibi.
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法院认定,被申请申辩说仲 裁员是由一个私营实体指定的,这种说法缺乏依 据,因为事实是根据民事法庭的一项命令作出指定的,据称,当事各方根据该 命令各自指定一名仲裁员,第三名仲裁员则由前两名仲裁员指定。
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The Court held that the defendant’s argument that the arbitrators had been appointed by a private entity lacked any merit, in view of the fact that the appointments had been made following an order by a civil court, under which the parties had reportedly designated one arbitrator each, while the third had been appointed by the first two.
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如果争议当事一方未能出席仲裁庭审,或未能做 申辩 , 另一方可要求继续庭审并做出裁决。
unesdoc.unesco.org
If one of the Parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other Party may request the tribunal to continue the proceedings and to make its award.
unesdoc.unesco.org
委员会注意 到,缔约申辩称,提交人未用尽所有国内补救办法,而且根据“新”文件再次 申请遣返前风险评估和申请暂缓执行驱逐令并不为时过晚。
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The Committee noted the State party’s argument that domestic remedies had not been exhausted and that it was not too late to submit a further application for a pre-removal risk assessment and an application for a stay of the expulsion order on the basis of the “new” documents.
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报告委员会的这种 运作方式显然与透明、社会对话、预防冲突、公正、有权在与其领导平等的基础上,发表意 见申辩的原则不符。
unesdoc.unesco.org
This aspect of the functioning of the Reports Board runs directly counter to the principles of transparency, social dialogue, conflict prevention, justice and the right to be heard and defended on an equal footing with one’s superviser.
unesdoc.unesco.org
所以直接插入 Adobe Premiere Pro 并没有转化,除非你把插入的片段放在一个具有批判性、历史回顾,或其他你可以在法庭上合 申辩 的 脉 络中审视。
benchmarkemail.com
So a straight insert in Adobe Premiere Pro does not transform, unless you are placing the imported footage into the context of criticism, historical review or some other aspect you can defend in court.
benchmarkemail.com
委员会注意到缔约国的辩,申诉人 所说的促使 他离开科特迪瓦的理由站不住脚,他没有声称从事过政治活动,也没有受到过酷 [...]
刑,回国后受到当局迫害的可能性不大。
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The Committee noted the State party’s
[...] arguments that the complainant’s account of [...]
the events that prompted his departure from
[...]
Côte d’Ivoire was improbable, that he had not claimed to have been politically active, or to have been subjected to torture, and that it was unlikely that he would be persecuted by the authorities upon return.
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可以向任何司法机关提起诉讼:该司法 机关应立即中止处理案件并将所有有用信息转交上诉法院,上诉法院将负责受理 审议违宪辩申诉。
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The challenge may be made before any court; the court should immediately suspend the case and forward all relevant information to the Supreme Court, which will consider the admissibility of the challenge.
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