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ADUANA MARITIMA
Dec 15, 2010 16:38
13 yrs ago
29 viewers *
Spanish term

medidas cautelares sustitutivas de la privación judicial preventiva de libertad

Spanish to English Law/Patents Law (general)
I understand the gist of this, but I'm not really sure about the "sustitutivas", or whether the "judicial" has any specific bearing on the phrase. Could it mean that it's specifically "court-ordered" rather than being a metter of course?
Proposed translations (English)
5 +2 preventive measures in lieu of pretrial detention
5 +1 alternatives to pretrial detention
4 injunction in lieu of remand in custody

Discussion

Charles Davis Dec 17, 2010:
Sure. I like linaza's neat suggestion of "alternatives" too. My only doubt is whether it is close enough to "medidas cautelares". In principle "alternatives" could be just about anything. In the pdf linaza posted they range quite widely, more widely than the list in Spain's Ley de Enjuiciamiento Criminal.
I have only just noticed that pretty much the same issue was thoroughly aired here in 2009. It's worth a look: http://www.proz.com/kudoz/spanish_to_english/law_general/332...
The asker eventually decided to use "preventive measures (against the criminal defendant and/or his property)" for "medidas cautelares penales". The whole discussion is enlightening, though lengthy.
I would just add that, although I'm open to correction, I think "pretrial detention", to a UK lawyer, would probably imply non-judicial preventive detention (generally in other countries) rather than custodial remand ordered by a court. I'm just basing that on looking at some examples of usage.
Sandro Tomasi Dec 17, 2010:
preventive/precautionary measures, alternatives I think preventive measures would work for this context, but the terms precautionary measures and alternatives work as well. They seem to be interchangeable for the given context. It will come down to which one will best convey the overall message of the source text in the TL.
Charles Davis Dec 16, 2010:
Back to "preventive measures" after all? But what I already knew and have just learned leads me to believe that even in the UK, where the term "injunction" appears to have a broader application than in the US, it is still too narrow for this question: that it covers only certain sorts of "medidas cautelares", many of them not relevant to criminal proceedings, and accordingly, I think the best solution is probably the one you first thought of, namely "preventive measures".
Charles Davis Dec 16, 2010:
Sandro To tell you the truth, I feel a little out of my depth here, and I don't want to waste your time. Let's hope someone who really knows about UK law is listening! Thanks again for the exchange; it's been fun and enlightening.
Sandro Tomasi Dec 16, 2010:
Charles, I viewed both links. The first one, I could only read the first page. But it talks about whether courts of equity can issue injunctions in criminal cases. The second link seems to provide us with a pseudo-generic phrase, not an actual injunction from a criminal court. I remain open to any other links or quotes.
Sandro Tomasi Dec 16, 2010:
The key then would be to be certain about UK's usage of the term injunction within the criminal-justice arena. However, the examples you give that you believe a UK injunction would apply in criminal are related to what we call in the US an order of protection, a stay-away order or a restraining order. All of these terms denote the same basic legal concept, which constitutes one type of preventive measure.
Charles Davis Dec 16, 2010:
Injunctions in UK criminal law Here are just a couple of relevant references:
Amarasekara, Kumar; Aikers, Keith, "Injunctions in Criminal Law: An Anglo-Australian Analysis", 6 Deakin L. Rev. 1 (2001) ( http://heinonline.org/HOL/LandingPage?collection=journals&ha...
"Dr Bridget Towers: My doctoral research was on the use of injunctions in criminal justice policy, which has contemporary resonance with the use of Anti Social Behaviour Orders and Dispersal Orders." http://www.kingston.ac.uk/postgraduate-course/criminology-ma... .
Best wishes
Charles Davis Dec 16, 2010:
court orders and injunctions Hi Sandro. I'm certainly not going to argue with you about US criminal/civil law and terminology! Nor am I an expert on UK law. But I believe that in the UK injunctions are sometimes issued by the court in criminal cases (domestic violence or rape, for example, where an alleged victim/complainant might be granted an injunction prohibiting a defendant not remanded in custody from approaching her before the trial). Conversely, there can be other kinds of court orders apart from injunctions in civil cases. There's a list of examples in http://www.justice.gov.uk/civil/procrules_fin/contents/parts... , a UK government website. Perhaps "injunction" is indeed too narrow a term for this question. However, the question of UK vs. US terminology is something Woodiezzz may have to keep in mind (I believe he/she is in the UK).
Sandro Tomasi Dec 16, 2010:
That is what I thought originally, but then I began to read too much into the "privación judicial preventiva de libertad" phrase and thought that it could mean something related to post conviction instead of during the investigation. The phrase in Spanish is unnecessarily wordy.
Woodiezzz (asker) Dec 16, 2010:
Your suggestion seems to make sense. Basically the "medidas" (whatever they are) were imposed during a criminal investigation and have now been terminated due to a lack of evidence...
Sandro Tomasi Dec 15, 2010:
Woodiezzz, It just dawned upon me that the translation could be something else, depending on context. Could you provide more?

Proposed translations

+2
3 mins
Selected

preventive measures in lieu of pretrial detention



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Note added at 6 mins (2010-12-15 16:45:18 GMT)
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Not pretrial detention, but pretrial custody. Or in lieu of remand.

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Note added at 21 mins (2010-12-15 16:59:40 GMT)
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Not preventive measures, but precautionary measures. So phrase should read as follows: precautionary measures in lieu of pretrial custody.

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Note added at 13 hrs (2010-12-16 06:13:29 GMT)
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According to Black's Law Dictionary my first answer, pretrial detention, is more appropriate. And, given context, preventive measures may work better than precautionary measures, although there may be reasons to translate both differently in other contexts. Sorry for the confusion, but I'm going with the original term I posted.
Peer comment(s):
agree Gary Smith Lawson : This is the general idea.
1 min
Thank you, Gary.
agree kalungo
16 days
Thank you, kalungo.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
6 hrs

injunction in lieu of remand in custody

1. I have put "injunction" and "remand" in the singular, without articles, because I take this phrase to be referring to them in general terms.
2. A "medida cautelar" is a preventive measure ordered by a court, normally to forestall actions which would prejudice rights that are or may be the subject of judicial proceedings. Its detailed meaning in Spanish law is well covered at http://es.jurispedia.org/index.php/Medida_cautelar_(es) . The equivalent term in English is an injunction.
3. sustitutivas refers to a measure taken instead of another alternative measure, and the appropriate translation here is "in lieu of".
4. privación judicial preventiva de libertad means remand in custody; in the UK and some other countries there are other forms of remand (notably on bail) that do not involve imprisonment. The term "judicial" is indeed important here, but it doesn't need to be translated separately; remand is a court procedure, so it is necessarily "judicial". On the other hand, preventive detention is a term that refers to imprisonment without trial normally ordered by the executive for (alleged) security reasons, so it would be the wrong term here: it is not, or certainly not necessarily, judicial. On this see Andrew Harding & John Hatchard, Preventive Detention and Security Law: A Comparative Survey, available at http://books.google.es/books?id=J0eBd0JDvRQC&printsec=frontc...
5. Actually, "prisión preventiva" is itself a "medida cautelar" in the Spanish system, so it means other alternative "medidas cautelares". But this does not affect the translation.
Hope this helps.
Peer comment(s):
neutral Sandro Tomasi : Injunction is a type of court order. However, in U.S. criminal procedure we say court order while injunction is reserved for civil matters.
21 hrs
OK, Sandro, thanks for the information :) See discussion entry (please wait for a few moments while I write it!)
Something went wrong...
+1
23 hrs

alternatives to pretrial detention

Yo lo he visto siempre así en muchos documentos que he tracido del inglés. Saludos.

www.pretrial.org/Docs/Documents/Alternatives to Pretrial Detention Southern District of Iowa Case Study Final Report 6-30-10.pdf

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Note added at 23 hrs (2010-12-16 15:55:46 GMT)
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Perdón, traducido (no "tracido").
Peer comment(s):
agree Sandro Tomasi : Your answer demonstrates an ability to think outside of the box. You captured the legal concept and expressed it nicely. I like my version, but I agree with this one, too.
8 hrs
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