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Brazil: Supreme Court Reaffirms that Convictions Are to Be Enforced After Confirmation by Appellate Court Decision

(Nov. 17, 2016) A decision on an extraordinary appeal (recurso extraordinário), issued by the Brazilian Federal Supreme Court (Supremo Tribunal Federal, STF) on November 10, 2016, reaffirmed Court jurisprudence from October 2016 that determined that enforcement of a criminal sentence is to commence after a conviction has been confirmed by the first appellate court to […]

Brazil: Confirmation that Enforcement of Sentences Begins After First Appellate Ruling

(Oct. 11, 2016) On October 5, 2016, the Brazilian Federal Supreme Court (Supremo Tribunal Federal, or STF) ruled that article 283 of the Code of Criminal Procedure does not preclude the enforcement of a criminal sentence commencing after a conviction has been confirmed by the first appellate court to consider the conviction. (STF Admite Execução da Pena […]

Brazil: Decree Enacted to Regulate Use of Handcuffs

(Oct. 6, 2016) On September 26, 2016, Decree No. 8,858 was enacted to regulate the use of handcuffs in the Brazil. (Decreto No. 8.858 de 26 de Setembro de 2016, PLANALTO.)  The decree follows the guidelines established in articles 1(III) and 5(III) of the Brazilian Constitution, which provide for the protection and promotion of human […]

Sweden: Appellate Court Reaffirms Detention in Absentia of Julian Assange

(Oct. 3, 2016) On September 16, 2016, the Swedish appellate court, the Svea Court of Appeal, reaffirmed the detention in absentia of Julian Assange, following a request from Assange to have his detention set aside. (Press Release, Svea Court of Appeal, Decision in the Case Concerning the Detention of Julian Assange (Sept. 16, 2016).) Assange […]

France: Seized Cell Phone Data Can Be Used

(Sept. 29, 2016) On August 12, 2016, a judge of the Conseil d’État (the highest administrative jurisdiction in France) authorized the use of the data stored in a cell phone that had been seized during a search ordered on the basis of the Law on the State of Emergency.  (CE, ordonnance du 12 août 2016, […]

Chile: Preventive Identification by Police Authorized

(Sept. 1, 2016) On July 5, 2016, the Chilean Congress passed Law 20931 on Easing the Effective Application of the Established Penalties for Robbery, Theft, and Receipt of Stolen Goods and Improving Criminal Prosecution of the Said Offenses. (Facilita la Aplicación Efectiva de las Penas Establecidas para los Delitos de Robo, Hurto y Receptación y […]

Italy: Legislation Implementing the EU Criminal Mutual Assistance Convention

(Aug. 26, 2016) On August 5, 2016, new legislation ratifying and implementing the European Union Convention on Mutual Assistance in Criminal Matters, in particular concerning extradition, entered into effect in Italy. (Law No. 149 of July 21, 2016, Ratifying and Implementing the Convention on Mutual Assistance in Criminal Matters Between Member States of the European […]

South Africa: Constitutional Court Confirms Right of a Child not to be Detained Except as a Measure of Last Resort

(Aug. 26, 2016) On August 11, 2016, South Africa’s Constitutional Court found unconstitutional the arrest and detention of a 15-year-old child by the police and upheld her claim for damages for wrongful arrest and detention against the Minister of Safety and Security.  (The Right of a Child Not to Be Detained Prevails, BUSINESS DAY LIVE […]

Argentina: Expansion of Plea Bargain in Corruption Cases

(Aug. 15, 2016) On June 23, 2016, the Cámara de Diputados (Argentina’s Lower House of Congress) approved the draft Ley del Arrepentido (Law of the Repentant) that would expand plea bargaining in corruption cases, allowing prosecutors to offer criminal suspects the opportunity to bargain for a shorter sentence in exchange for an admission of wrongdoing and […]

Italy: Right to Interpretation and Translation in Criminal Proceedings

(July 29, 2016) On July 29, 2016, new legislation on the right to interpretation and translation services in criminal proceedings entered into effect in Italy. (Legislative Decree No. 129 of June 23, 2016, Implementing EU Directive 2010/64/UE on the Right to Interpretation and Translation in Criminal Procedures, GAZETTA UFFICIALE, No. 163 (July 14, 2016), NORMATTIVA […]