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单词 Holding charge
释义 保留控訴
A charge laid by the police for an offence (generally of a minor nature) while investigations are continued into the possibility of a more serious charge, arising from the same facts that gave rise to the offence charged. This procedure was adopted, and is still followed in some jurisdictions, because at common law, the police were required to take the person arrested before a court, as soon as was reasonably practicable, but had no power to detain a person in custody for questioning or while investigations were being pursued. In Hong Kong, further evidence may warrant an amendment of the charge or an additional charge being laid against a defendant.
警務人員就某罪行(一般是較輕微的性質)提出的控訴,而調查仍在進行中,並有可能從被起訴的罪行的同一事實中引發控告更嚴重的罪行。若干司法管轄區已採納並仍沿用此等程序,因為在普通法上,警務人員須在合理而切實可行的範圍內將已拘捕的人帶到法庭前,但無權扣押受羈留的人問話或無權在調查仍在進行中時扣押某人。在香港,進一步的證據可足以成為修正控訴的理由或就某被告人提出任何附加控訴。
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更新时间:2025/6/20 7:31:24