This question was closed without grading. Reason: Answer found elsewhere
Jun 23, 2019 14:00
4 yrs ago
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English term
Experienced & qualified linguist
Native in: Romanian 
, French
Works in: English to French, Romanian to French, French to Romanian, and 1 more.
Judicial declaration / direction as to the prejudice
English to Romanian
Law/Patents
Law (general)
criminal proceedings
One of the stock responses to an application to stay an indictment as an abuse of process is for the prosecution to suggest that it is not unfair to try the defendant , nor is it right that the defendant cannot receive a fair trial if there are intrinsic elements of the trial process that can address the potential unfairness.
There are a range of measures often suggested in the trial process that can address the suggested unfairness.
These include:
Judicial declaration / direction as to the prejudice.
This is often employed first as an acknowledgement that something has gone wrong in the trial process and that must be recognised.
There are a range of measures often suggested in the trial process that can address the suggested unfairness.
These include:
Judicial declaration / direction as to the prejudice.
This is often employed first as an acknowledgement that something has gone wrong in the trial process and that must be recognised.
Discussion
referitor la judicial declaration este hotărârea unui judecător sau arbitru, fără forță de executare dar care crează obligații părților. În legătură cu „prejudice”
se poate lua o hotărăre într-o instanță, „without prejudice” adică fără prejudecată, ceea ce înseamnă că în cazul altui proces, totul se reia de la zero (fără prejudecată)