Regulation 2018/1725 sets forth the rules applicable to the processing of personal data by European Union institutions, bodies, offices and agencies
Overview of the right to protection of personal data, reform of rules and the data protection regulation and directive.
Book -IOFTHEJUDICIALPOLICEANDINSTRUCTION Title -VIOFINSTRUCTION Section -III Expertise Article 118.- The expert who does not take an oath or who does not file his report within the fixed time limits is immediately replaced. In thiscase, and subject to the application of the provisions of article 115 ofthis code, he will not be allowed to claim either fees or reimbursement of costs, without prejudice to any damages
Lord Advocate Dorothy Bain KC is in Brussels and The Hague this week with the Crown Agent and our Head of International Cooperation to build and maintain key justice relationships that help keep people in Scotland safe... (@ScotGovBrussels@MJohnsonSG1@ScotGovJustice@J_R_Doyle)
The controller shall implement appropriate technical and organisational measures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed. That obligation applies to the amount of personal data collected, the extent of their processing, the period of their storage and their accessibility. In particular, such measures shall ensure that by default personal data are not made accessible without the individual’s intervention to an indefinite number of natural persons.
paragraph 5 of this Article may be established for the purpose of demonstrating the existence of appropriate safeguards provided by controllers or processors that are not subject to this Regulation pursuant to Article 3 within the framework of personal data transfers to third countries or international organisations under the terms referred to in point (f) of Article 46(2). Such controllers or processors shall make binding and enforceable commitments, via contractual or other legally binding instruments, to apply those appropriate safeguards, including with regard to the rights of data subjects.
The certification shall be voluntary and available via a process that is transparent.
A certification pursuant to this Article does not reduce the responsibility of the controller or the processor for compliance with this Regulation and is without prejudice to the tasks and powers of the supervisory authorities which are competent pursuant to Article 55 or 56.
The EU General Data Protection Regulation went into effect on May 25, 2018, replacing the Data Protection Directive 95/46/EC. Designed to increase data ...
The General Data Protection Regulation (GDPR) is the toughest privacy and security law in the world. Though it was drafted and passed by the European Union (EU), it imposes obligations onto organizations anywhere, so long as they target or collect data related to people in the EU. The regulation was put into effect on May 25, 2018. The GDPR will levy harsh fines against those who violate its privacy and security standards, with penalties reaching into the tens of millions of euros.
390. Arrest of accused in appeal from acquittal. When an appeal is presented under section 378, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.
397. Calling for records to exercise powers of revision.(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order,- recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. Explanation.- All Magistrates whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub- section and of section 398. (2) The powers of revision conferred by sub- section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. (3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.
Article 118 du Code de procédure pénale
If it appears during the information that the facts of which the person charged under a correctional qualification in fact constitutes a crime, the investigating judge notifies the person, after having informed him of his intention and having collected his possible observations and those of his lawyer, that a criminal qualification is substituted for the qualification initially adopted. In the absence of this notification, the provisions of article 181 cannot be applied. If the person was remanded in custody, the warrant of committal originally issued remains valid and is considered a criminal warrant of committal. The provisional detention is then subject to the rules applicable in criminal matters, the time limits provided for the extension of the measure being calculated from the issue of the warrant. During the notification provided for in the first paragraph, the investigating judge may inform the person of a new foreseeable time limit for completing the investigation, in accordance with the provisions of the ninth paragraph of Article 116. If the information was opened within a court without an investigation center and when the seriousness or complexity of the case justifies it, the investigating judge, immediately after having carried out the formalities provided for by this article, may withdraw, ex officio or at the request of the public prosecutor, in favor of a judge of the competent investigation center, designated by the president of the judicial court in which this center is located.
References:
Comments