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Haftprüfungstermin

English translation: next date for a habeus corpus hearing

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18:20 Dec 30, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: Haftprüfungstermin
"Nächster Haftprüfungstermin
23.01.03".

Thank you all.
Nadia Said
Local time: 08:52
English translation:next date for a habeus corpus hearing
Explanation:
In order to acquire a writ of habeus corpuse from the court one usually must have a hearing.

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Note added at 2002-12-30 19:08:20 (GMT)
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The primary purpose of the writ of habeus corpus is to release a person from unlawful imprisonment. Black\'s Law Dictionary

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Note added at 2002-12-30 19:11:25 (GMT)
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Such a writ is an order directed to the person detaining another and commanding him to produce the body of the prisoner, or person detained. The idea is to test the legality of the detention or imprisonment. Applies to both UK and US
Selected response from:

Dr. Fred Thomson
United States
Local time: 00:52
Grading comment
Graded automatically based on peer agreement. KudoZ.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +3next date for a habeus corpus hearing
Dr. Fred Thomson
4 +1next date for the habeas corpus petition
Alison Schwitzgebel
4 +1next date for review of remand in custodyMargaret Marks
4bail hearinggangels


Discussion entries: 2





  

Answers


35 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
next date for the habeas corpus petition


Explanation:
I'm assuming that you are translating a piece about a prisoner being released. "Haftprüfung" means the review of a detention order (US), or a review of remand in custody (UK). This is also know as habeas corpus. See below for an explanation. Your choice of whether to use the latin term or not depends on your exact document (use latin if it's very formal).

What they mean here is that the next date on which the detention order will be reviewed is Jan. 23, 2003.


Check out: HABEAS CORPUS - Lat. "you have the body" Prisoners often seek release by filing a petition for a writ of habeas corpus. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody. A habeas corpus petition is a petition filed with a court by a person who objects to his own or another's detention or imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error. Habeas corpus petitions are usually filed by persons serving prison sentences. In family law, a parent who has been denied custody of his child by a trial court may file a habeas corpus petition. Also, a party may file a habeas corpus petition if a judge declares her in contempt of court and jails or threatens to jail her"


    Reference: http://www.lectlaw.com/def/h001.htm
Alison Schwitzgebel
France
Local time: 08:52
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 3409

Peer comments on this answer (and responses from the answerer)
agree  Dr. Fred Thomson: Sorry, but at least in your casethe slip-up cannot be attributed to a senior moment.
4 hrs
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44 mins   confidence: Answerer confidence 5/5 peer agreement (net): +3
next date for a habeus corpus hearing


Explanation:
In order to acquire a writ of habeus corpuse from the court one usually must have a hearing.

--------------------------------------------------
Note added at 2002-12-30 19:08:20 (GMT)
--------------------------------------------------

The primary purpose of the writ of habeus corpus is to release a person from unlawful imprisonment. Black\'s Law Dictionary

--------------------------------------------------
Note added at 2002-12-30 19:11:25 (GMT)
--------------------------------------------------

Such a writ is an order directed to the person detaining another and commanding him to produce the body of the prisoner, or person detained. The idea is to test the legality of the detention or imprisonment. Applies to both UK and US

Dr. Fred Thomson
United States
Local time: 00:52
Native speaker of: English
PRO pts in pair: 5861
Grading comment
Graded automatically based on peer agreement. KudoZ.

Peer comments on this answer (and responses from the answerer)
agree  Giusi Pasi: yes, hearing is for termin
15 mins
  -> Thank you, Giusi.

agree  Alison Schwitzgebel: ah yes, I meant hearing, wrote petition. silly me. :-(
23 mins
  -> Thanks for the "agree," and I have every reason to be empathetic.

agree  schnuppe
2 hrs
  -> Thanks.
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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
next date for review of remand in custody


Explanation:
(Romain, von Beseler/Jacobs-Wüstenfeld)

A habeas corpus writ is too common-law to render the German IMO. Habeas corpus is (and was) a special procedure, applied to a variety of imprisonments, not just custody in criminal proceedings. It has no equivalent in German law.

Margaret Marks
United Kingdom
Local time: 07:52
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 765

Peer comments on this answer (and responses from the answerer)
agree  Ralf Lemster: Special care is required when crossing jurisdictional boundaries
13 hrs
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21 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
bail hearing


Explanation:
in the US.

The judge decides whether to release someone from detention "on bail" after having posted a (cash) bond, promising to appear before court (if not, the bond is forfeited), or release him "under his own recognizance", i.e. the accused's personal pledge to show up

gangels
Local time: 00:52
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 5480
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