13:34 Aug 25, 2017 |
Portuguese to English translations [PRO] Law/Patents - Law (general) | |||||||
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| Selected response from: Oliver Simões United States Local time: 06:04 | ||||||
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3 +2 | the commitment to reduce the penalty (over jail credit) |
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the commitment to reduce the penalty (over jail credit) Explanation: "Detração é abater ou computar na pena privativa de liberdade o tempo de prisão preventiva ou provisória, e o de internação em hospital ou manicômio. Esse "desconto" se dá na pena definitiva aplicada. A detração está prevista no artigo 42 do Código Penal Brasileiro." - Wikipedia "JAIL CREDIT STATUTES § 15-196.1 Credits allowed “The minimum and maximum term of a sentence shall be credited with and diminished by the total amount of time a defendant has spent, committed to or in confinement in any State or local correctional, mental or other institution as a result of the charge that culminated in the sentence. The credit provided shall be calculated from the date custody under the charge commenced and shall include credit for all time spent in custody pending trial, trial de novo, appeal, retrial, or pending parole, probation or post-release supervision revocation hearing: Provided, however, the credit available herein shall not include any time that is credited on the term of a previously imposed sentence to which the defendant is subject.” Comment: A defendant is entitled to jail credit for periods of confinement prior to his conviction (or probation revocation) as long as the defendant was not serving another sentence during the same time period. A defendant stops earning credit when he begins serving his active sentence." - North Carolina Prisoner Legal Services (NCPLS) website -------------------------------------------------- Note added at 3 hrs (2017-08-25 16:38:37 GMT) -------------------------------------------------- Not sure if we should say "over jail credit" or "due to jail credit". -------------------------------------------------- Note added at 3 hrs (2017-08-25 16:42:44 GMT) -------------------------------------------------- Clarification: The penalty can also be reduced in case of protective custody. https://pt.wikipedia.org/wiki/Detra%C3%A7%C3%A3o Reference: http://www.ncpls.org/JC_issues_09.pdf |
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