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20:38 Feb 3, 2012
English to Czech translations [PRO] Law/Patents - Law (general)
English term or phrase:prejudicial case
A six-month extension applies to the maximum terms of remand in custody when there has been no conviction in a lower court or no final conviction and where the criminal process has been suspended pending judgment of a prejudicial case in another court.
Explanation: rozhodnutí o předběžné otázce (v jiném předcházejícím řízení) u jiného soudu
"Jurisprudence has also defined a prejudicial question as that which arises in a case the resolution of which is a logical antecedent of the issue involved therein, and the cognizance of which pertains to another tribunal. The prejudicial question must be determinative of the case before the court but the jurisdiction to try and resolve the question must be lodged in another court or tribunal. It is a question based on a fact distinct and separate from the crime but so intimately connected with it that it determines the guilt or innocence of the accused."