在审理时不得有不当的延误,这是被告享有的一项权利,但在有些情况下,由于案件的延误,被告的这种权利受到了不利影响。
This protraction has, in some cases, undermined the right of defendant to be tried without undue delay.
468. 根据总检察长办公室收集的数据,自2001年以来,积压案件大增。
According to data collected by the Office of the Prosecutor General, the backlog of cases has grown significantly since 2001, though it has reduced slightly following the arrival of international judges.
不过,在国际法院到来之后,情况略有好转。
According to data collected by the Office of the Prosecutor General, the backlog of cases has grown significantly since 2001, though it has reduced slightly following the arrival of international judges.
截止2004年末,该系统收到的案件为1 091起(2004年为174起),其中440起案件仍未处理。
As at the end of 2004, there were 1,091 cases entered into the system (174 in 2004) of which 440 were still pending.
新《刑事诉讼法典》做出了一系列规定,以解决不当延误的问题,自独立以来,这些问题一直不利于司法系统有效发挥其职能。
The new Criminal Procedure Code includes a series of provisions designed address the problem of undue delays that have plagued the effective functioning of the judicial system since before independence.
新法律框架的出台,以及司法部门工作人员能力的提高将有望提高案件的处理效率。
It is hoped that this new legislative framework and increasing capacity of justice-sector actors will do much to strengthen efficiency in the processing of cases.
469. 法庭裁决将通过律师通知给被告及其家庭,并尽可能通过印刷和电子媒体告知公众。
Court decisions are to be made available to defendants and their families through their attorneys, and to the public through print and electronic media so far as possible.
2005年,上诉法院院长签发了一项指令,对公众获知法院判决结果的问题做了正式规定。
In 2005, a directive was issued by the President of the Court of Appeal, formalizing public access to court decisions.
起初,有些人投诉说仍然无法获知某些法院裁决,但如今法院已开始更多地公布其判决结果,有关案件的信息流通更通畅了。
Initially, there were complaints that some court decisions remained inaccessible, but the courts have now commenced more regular publication of their decisions and improved the flow of case information.
470.《宪法》未对“上诉权”做出特别规定,但《刑事诉讼法典》指出,“除非法律明文禁止,可以就事实与法律问题对法院指令、判决和裁决进行上诉” 。
There is no specific constitutional “right to appeal” but the Criminal Procedure Code states that “unless expressly prohibited by law, court orders, sentences and decisions may be appealed to in whole or in part on matters of fact and law”.
对地区法院裁决的上诉将提交给最高法院——目前为上诉法院。
Appeals from decisions of the district courts shall be made to the Supreme Court of Justice, currently the Court of Appeal.
471. 根据《东帝汶宪法》规定,刑法的实施将采取不溯及既往的原则。
The Constitution of Timor-Leste provides that the criminal law shall not be enforced retroactively.
另外,《宪法》还禁止重复起诉同一罪行,这样,无论终审裁决如何,一旦对一个人进行了审理,那么就不得对同一罪行进行第二次审理。
It also prohibits double jeopardy so that, regardless of the final verdict, once an individual has been tried for a crime, s/he cannot be tried a second time for the same offence.
至于就同一罪行对被告进行一次以上的审理问题,目前尚无这方面的报道。
There are no reported cases of a defendant having been tried more than once for the same offence.
但是关于不溯及既往的原则,有两例这方面的情况。
There are, however, two cases on the issue of non-retroactivity.
472. 第一例情况发生在上诉法院。
The Special Panels had been delegated specific jurisdiction to determine such cases.
重罪特别审理小组曾被特别授权对反人类罪案件进行审理,但上诉法院认为该审判小组无权对这些发生在其成立以前的反人类罪案件进行审理,因为在这种情况下,实施刑法所采取的是溯及既往的原则。
However, this decision was revisited by the Special Panel for Serious Crimes, which determined not to follow the decision of the Court of Appeal and found that as crimes against humanity are deemed to constitute crimes under customary international law, such crimes formed part of the fabric of law in Timor-Leste at the time the crimes were committed.
因此,可以对发生在法院成立前所犯下的个人反人类罪进行审理,这没有违反溯及力的原则。
Accordingly, an individual could be tried for crimes against humanity committed before the establishment of the court without violation of the principle of retroactivity.
473. 其后,在“检察官诉保利诺·德·杰索斯”案的裁决中,尽管被告行为发生时还没有被国内法律视为犯罪,但上诉法院还是裁定被告行为构成了“反人类罪”。
In a subsequent decision, Public Prosecutor v.
Paulino de Jesus, the Court of Appeal also found the defendant guilty of “crimes against humanity” despite the fact that the crimes were committed before such acts were deemed to be crimes by domestic law.
这解决了在这一点上的模糊问题。
This has resolved any ambiguity on the point.
474. 为了给性犯罪的受害人提供支持,已采取了特别措施,其中包括:在警察机构内部建立保护弱势人员股,以便为性虐待的受害人提供支持。
Special measures have been adopted to ensure support for victims of sexual offences.
此外,还建立了一个由政府机构和非政府组织组成的支持服务网。
These measures include the establishment of the Vulnerable Persons' Unit (VPU) within the police service to provide support to victims of sexual abuse.
该网络不断提供创伤心理辅导和安全住所方面的援助,以帮助受害人全面康复。
In addition, there is a network of support services consisting of government agencies and NGOs, which provide continuing assistance in the form of trauma counselling and safe houses to help victims towards full recovery.
这些机构通常与警察进行密切合作,并在调查期间负责陪伴受害人。
These agencies often work closely with the police and accompany victims during investigations.