当審における未決勾留日数中80日を原判決の懲役刑に算入し
English translation: 80 days in detention (remand) shall be calculated as time served
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| 11:36 Jun 30, 2014 |
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| Japanese to English translations [PRO] Law/Patents - Law (general) | |||||||
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|  Selected response from: Port City New Zealand | ||||||
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| FYI |
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| Discussion entries: 2 | |
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Answers
57 mins confidence: 
included as prior time served Explanation: It's basically saying the appeal is mute and the original sentence is unchanged and the same amount of time will be served. "This Appeal is dismissed based on Article 396 of the Code of Criminal Procedure and the 80 days of imprisonment served prior to this hearing will be included as part of the original period of detention sentenced, in accordance with Article 21 of the Penal Code" |
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Notes to answerer
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14 hrs confidence: peer agreement (net): +1
peer agreement (net): +180 days in detention (remand) shall be calculated as time served Explanation: 未決勾留日数 is "days in detention (remand)", not in imprisonment. What it says is that the 80 days in detention are considered "time served". In other words, they deduct the 80 days from the original prison term (sentence). -------------------------------------------------- Note added at 17 hrs (2014-07-01 05:17:47 GMT) -------------------------------------------------- My bad. This was an appellant. If he/she had served a certain time, that time plus the period in detention count as 未決勾留日数. |
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21 hrs confidence:
Time served in custody pending appeal shall be applied against 80 days of the jail term imposed by t Explanation: The "中" indicates that the defendant was held in custody for more than 80 days pending appeal, but he/she was awarded credit for only 80 days, not for the entire time in custody. Translating the source text literally might be awkward, especially 当審における未決勾留 part. It can be put as "time spent in custody pending appeal." 算入し in this context means to apply [credit] against the prison sentence, which is obviously the trial court decision. http://blog.la-criminal-defense.com/how-credit-for-time-serv... As someone commented, a defendant, who is innocent until proven guilty, technically does not "serve" a jail term before conviction. -------------------------------------------------- Note added at 21 hrs (2014-07-01 08:49:24 GMT) -------------------------------------------------- Sorry, I was going to post my answer as follows: Time served in custody pending appeal shall be applied against 80 days of the jail term imposed by the trial court |
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2 days 16 hrs confidence:
80 days of pre-sentencing detention... Explanation: 80 days of pre-sentencing detention during the period for filing an appealshall be included as time served toward the sentence rendered in the original court. ------------------------------------------------- Article 495 (1) All the days of pre-sentencing detention during the period for filing an appeal, except the days in pre-sentencing detention after an appeal has been filed, shall be included as time served toward the sentence. 第四百九十五条 上訴の提起期間中の未決勾留の日数は、上訴申立後の未決勾留の日数を除き、全部これを本刑に通算する。 - 日本法令外国語訳データベースシステム http://ejje.weblio.jp/content/period of days of detention -------------------------------------------------- Note added at 2日16時間 (2014-07-03 04:13:32 GMT) -------------------------------------------------- 刑事訴訟法４９５条の英訳（法務省公式）です。参考になると思います。 -------------------------------------------- 第四百九十五条 上訴の提起期間中の未決勾留の日数は、上訴申立後の未決勾留の日数を除き、全部これを本刑に通算する。 Article 495 (1) All the days of pre-sentencing detention during the period for filing an appeal, except the days in pre-sentencing detention after an appeal has been filed, shall be included as time served toward the sentence. ２ 上訴申立後の未決勾留の日数は、左の場合には、全部これを本刑に通算する (2) The days in pre-sentencing detention after the filing of an appeal shall be included as time served toward the sentence when: 一 検察官が上訴を申し立てたとき。 (i) A public prosecutor filed the appeal; or 二 検察官以外の者が上訴を申し立てた場合においてその上訴審において原判決が破棄されたとき。 (ii) A person who was not the public prosecutor filed an appeal and the original judgment was reversed in the appellate instance. ３ 前二項の規定による通算については、未決勾留の一日を刑期の一日又は金額の四千円に折算する。 (3) With regard to the inclusion set forth in the preceding two paragraphs, one day in pre-sentencing detention shall be calculated as either one day of imprisonment or as 4,000 yen. ４ 上訴裁判所が原判決を破棄した後の未決勾留は、上訴中の未決勾留日数に準じて、これを通算する。 (4) Pre-sentencing detention after the appellate court has reversed the original judgment shall be included in time served, based on the number of days in pre-sentencing detention. http://www.japaneselawtranslation.go.jp/law/detail/?ft=2&re=... |
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Reference comments
15 mins |
| Reference: FYI Reference information: http://ejje.weblio.jp/sentence/content/Appellate/2 |
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