Remand Prisons (30)

if, under the law of the requested State, the offence is one which justifies remand in custody, and

For these purposes, the Appeals Chamber may remand a factual issue to the original Trial Chamber for it to determine the issue and to report back accordingly, or may itself call evidence to determine the issue.

If the court of second instance establishes that the limits of the claim have been transgressed, it may set aside the judgment of the first instance and remand the case for reconsideration to the court below or, considering the nature of transgression, render a judgment modifying the attacked decision.

If the court of second instance establishes that a severe violation of civil procedure provisions (Article 339) has occurred, it shall set aside the judgment of first instance by a decree and remand the case to the same court of first instance or to a competent court of first instance for a new main hearing.

Without prejudice to the provision of the above paragraph, the panel of the court of second instance shall set aside the judgment and/or of the court of first instance and remand the case for rehearing when it establishes that the due to violation of substantive law the determination of state of facts is erroneous and/or incomplete.

In conference or upon a hearing, the court of second instance may reject the appeal as belated, incomplete or inadmissible, or dismiss it as unfounded and affirm the judgment of the court of first instance, or set aside that judgment and remand the case to the court below for reconsideration, or modify judgment render in first instance.

If the revising court establishes that the limits of the claim have been transgressed by a final judgment passed by the court of second instance, it may pass a decree to set aside this judgment and remand the case for reconsideration to the court of second instance or, depending of the nature of transgression, render a judgment to modify the attacked decision.

If the any of the provisions contained in clauses 3 to 12 of the second paragraph of Article 339 of the present Act has been violated, the court of second instance shall set aside the judgment below and remand the case to the same court of first instance for reconsideration or, depending on the nature of violation, set aside the judgment below and reject the action.

This requirement has subsequently been reformulated as follows: every newly-arrived prisoner should be properly interviewed and physically examined by a medical doctor as soon as posible after his admission; save for in exceptional circumstances, that interview/examination should be carried out on the day of admission, especially insofar as remand establishments are concerned.

If the erroneous and/or incomplete determination of the state of facts is due to violation of substantive law and if, therefore, the attacked judgment cannot be modified, the revising court shall by a decree grant to the revision and set aside, in whole or in part, the judgments of the courts of first and second instance, or only the judgment of the court of second instance, or only the judgment of the court of first instance, and remand the case for rehearing to the court of first or of second instance.

Upon setting aside the judgment of the court below and remanding the case for reconsideration, the court of second instance may order the case to be heard by a different panel.

If the revising court establishes a severe violation of the civil procedure provisions referred to in the first and second paragraph of Article 339 on the ground of which a revision may be lodged, except of those stated in the second and third paragraphs of the present Article, it shall by a decree set aside, in whole or in part, the judgments of the court of second instance and of the court of first instance, or only the judgment of the court of second instance, and remand the case for reconsideration to the same or a different panel of the court of first or of second instance, or to some other competent court.

The same shall apply in respect of any period during which the person sentenced was remanded in custody in the requesting State before being sentenced in so far as the law of that State so requires.

Upon setting aside of the decision against which a means of ordinary judicial review has been lodged and remanding of the case to the court below for a new hearing and determination, the court shall rule that the costs of appellate proceedings be decided upon in the ultimate judgment.

The magnet may be ring-shaped with a relation between outer and inner diameter smaller or equal to 1.6:1. The magnet may be in a form having an initial permeability of 0.15 H/m (120,000 in CGS units) or more, or a remanence of 98.5% or more, or an energy product of greater than 80 kJ/m3 (107 gauss-oersteds).

The magnet may be ring-shaped with a relation between outer and inner diameter smaller or equal to 1,6:1. The magnet may be in a form having an initial permeability of 0,15 H/m (120 000 in CGS units) or more, or a remanence of 98,5 % or more, or an energy product of greater than 80 kJ/m3 (107 gauss-oersteds).

When a judgment of first instance is set aside and the case remanded to the court of first instance for re-examination of facts, the statement of ground shall indicate the points in which the determination of the state of facts made by the court of first instance comes short or is erroneous, as well as wherein the presentation of new facts and evidence is important for a correct decision and why such evidence and facts affect the correctness of the adjudication process.

remanded in custody in Germany (June 2003)."

Ferrite magnet having a remanence of 455 mT (± 15 mT)

Ferrite magnet having a remanence of 455 mT (±15 mT)

The committee's report may, exceptionally, propose that the waiver of immunity shall apply solely to prosecution proceedings and that, until a final sentence is passed, the Member should be immune from any form of detention or remand or any other measure which prevents him from performing the duties proper to his mandate.

The magnet may be ring-shaped with a relation between outer and inner diameter smaller or equal to 1, 6: 1. The magnet may be in a form having an initial permeability of 0, 15 H/m (120 000 in CGS units) or more, or a remanence of 98, 5 % or more, or an energy product of greater than 80 kj/m3 (107 gauss-oersteds).