O compromisso de detração da pena

English translation: the commitment to reduce the penalty (over jail credit)

13:34 Aug 25, 2017
Portuguese to English translations [PRO]
Law/Patents - Law (general)
Portuguese term or phrase: O compromisso de detração da pena
This is from an extradition docket

O compromisso de detração da pena, considerando o período de prisão decorrente da extradição, deve ser assumido antes da entrega do preso, não obstando a concessão da extradição.
Charlie Higgins
United States
Local time: 09:04
English translation: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



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Note added at 3 hrs (2017-08-25 16:38:37 GMT)
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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.
Selected response from:

Oliver Simões
United States
Local time: 06:04
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +2the commitment to reduce the penalty (over jail credit)
Oliver Simões


  

Answers


3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
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
Oliver Simões
United States
Local time: 06:04
Specializes in field
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 283
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Mario Freitas: Acho que só "jail credit" já diz tudo.
2 hrs
  -> Obrigado

agree  Gilmar Fernandes
18 hrs
  -> Obrigado
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