Dec 26, 2022 13:43
1 yr ago
57 viewers *
Spanish term

promover acción penal

Spanish to English Law/Patents Law (general)
Se trata de un documento donde se exponen los argumentos para solicitar la extradición de una persona en el extranjero debido a un supuesto delito cometido en este país (Argentina). La caratula es "Robo calificado por el uso de arma de fuego en grado de tentativa en concurso real con el delito de homicidio criminis causa y homicidio criminis causa en grado de tentativa".
Después de exponer todos los hechos aparece esta frase: el Sr. Fiscal, procedió a **promover acción penal** en contra de XXX
Estoy dudando sobre la traducción, ¿podrá ser "criminally prosecute"? ¿o "prosecute"?
Desde ya muchas gracias.

Discussion

Andrew Bramhall Dec 26, 2022:
Don't trust proz gloss! When "'iniciate' incidental procedings" is given as the translation. Still, at least " incidental" was spelt correctly. Equally flawed is Adrian's assertion :"Instigate is misleading as connotes and denotes putting someone else up to prosecute, whereas 'promover' means it is the prosecutor who takes the initiative." No, incorrect; 'iniTiate'( note the correct spelling, Adrian), instigate, or institute proceEdings (again, note the correct spelling, Adrian) are all valid phrases. "To bring a criminal prosecution" does not denote the instigator of the action, as Adrian incorrectly suggests. All prosecutions are brought by a prosecuting body,agent, or agency but it is who instigates such proceedings in the first place that matters; this could be anybody; private individuals, legal bodies, entities, or persons,the police, CPS (in the U.K.) etc, etc.

Proposed translations

+3
40 mins
Selected

bring a criminal prosecution (case)

ProZ glossary entry: promover incidentes > 'iniciate' incidental procedings or motion = bring interlocutory or interim application / (AmE) motions.

Instigate is misleading as connotes and denotes putting someone else up to prosecute, whereas 'promover' means it is the prosecutor who takes the initiative.
Example sentence:

IATE: es acción penal ejercitada contra un Juez COM en criminal proceedings instituted against a Judge

Section 9: The decision to bring a prosecution or not Charges, offences and the victims' 'right to review'

Peer comment(s):

agree Jennifer Levey
33 mins
Gracias and thanks, Jennifer.
neutral philgoddard : I don't believe instigate is 'misleading'.
1 hr
The asker implicitly disagrees, AB is unqualified in crim. law & gives no refs. + g/hits point to a different context of instigation of the original offenc/se http://south-floridaattorney.com/what-are-the-criminal-charg...
agree Sandro Tomasi
2 hrs
Gracias and thanks, Sandro.
agree AllegroTrans : I don't believe instigate is 'misleading' - term used time and again
3 hrs
It is. Perhaps you, Chris, on the strength of criminal law practice or g/hits, can supply any refs. Mine suggest the crime itself is instigated http://south-floridaattorney.com/what-are-the-criminal-charg...
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4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
+2
23 mins

instigate criminal proceedings (against)

"The Prosecutor went ahead with the instigation of criminal proceedings against XXX
Peer comment(s):

agree philgoddard : //Same to you!
1 hr
Of course it isn't misleading Phil, although AMM will probably choke on his Wiener Sachertorte at the thought ! see my entry in discussion box above; and season's greetings to you and yours Phil
agree AllegroTrans : commence/instigate/initiate/launch/bring - all words seen in this connection; You don't need to say "went ahead with" - just "instigated"
3 hrs
Agree, yes, thanks Allegro!...and for that matter, neither does he! He only does it for reasons of oneupmanship, and personal animosity.
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19 hrs

to bring a criminal action

The District Attorney (Prosecutor/prosecuting attorney), proceeded to bring a criminal action against (the defendant).

Explanation:
The filing of a criminal complaint by another individual is essentially a petition to the district attorney asking him/her to initiate charges.
The plaintiff's lawyer must decide where to file the case. The government may decide to dismiss a case or be ordered to do so by a court. If not dismissed, a criminal action is brought by the government (society) to determine whether the accused individual committed the unlawful act and to determine the guilty person’s punishment.

Código Procesal Penal Federal de Argentina
El Ministerio Público Fiscal tiene a su cargo la investigación de los delitos y la promoción de la acción penal pública contra los autores o partícipes.
https://www.mpf.gob.ar/cppf/la-accion-penal-y-las-funciones-...

Action: An action refers to a judicial proceeding. If a party brings a civil or criminal case against you, an action has been brought against you. The party bringing the action is the plaintiff /prosecution respectively.
https://www.law.cornell.edu/wex/action

file/bring (a) suit/idiom: to start legal proceedings to settle a disagreement or problem between people or organizations
https://www.merriam-webster.com/dictionary/file/bring (a) su...

How Courts Work / Steps in a Trial
https://www.americanbar.org/groups/public_education/resource...
Criminal charges are brought against a person in one of three ways:
1. Through an indictment voted by a grand jury.
2. Through the filing of an information by the prosecuting attorney (also called the county, district, or state's attorney) alleging that a crime was committed. Sometimes charges are pressed through the filing of a criminal complaint by another individual, which is essentially a petition to the district attorney asking him/her to initiate charges.
3. Through a citation by a police officer for minor traffic offenses and the like. This procedure is usually used for certain petty misdemeanors and other minor criminal matters.


A criminal action is brought by the government (society) to determine whether the accused individual committed the unlawful act and to determine the guilty person’s punishment.
N.D.C.C. §29-01-02. Criminal action medium of trial and punishment. The proceeding by which a party charged with a public offense is accused and brought to trial and punishment is known as a criminal action.
https://www.ag.ndsu.edu/aglawandmanagement/appliedaglaw/refe...

Criminal Cases
A criminal case is a lawsuit brought by the state against a person who has broken a criminal law. They are usually filed by the district attorney (also called the "DA"), which represents the state, against 1 or more defendants. Only the state, not another person or company, can bring criminal charges against you. The penalty for being found guilty of a crime is jail or prison time or a fine (or both).
https://www.courts.ca.gov/1000.htm
Peer comment(s):

neutral Andrew Bramhall : Yes, that's a possibility too;
1 hr
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