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crime material

English translation: consummated crime

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:crime material
English translation:consummated crime

10:27 Jan 4, 2015
    The asker opted for community grading. The question was closed on 2015-01-07 15:54:52 based on peer agreement (or, if there were too few peer comments, asker preference.)


Portuguese to English translations [PRO]
Law/Patents - Law (general) / Legal/ Recurso Extraordinário
Portuguese term or phrase: crime material
"Sonegação de Contribuição Previdenciária (Artigo 337-A do CP), é crime material"

I know what it means in Portuguese, but have not found the translation into English, in Google there are no hits for "material crime".

Meaning in Portuguese:
http://www.direitonet.com.br/dicionario/exibir/847/Crime-mat...
Crime Material: É aquele em que a lei descreve uma ação e um resultado, e exige a ocorrência deste para que o delito se consume. Podemos citar como exemplo o crime de estelionato, em que a lei descreve uma ação, qual seja, "empregar fraude para induzir ou manter alguém em erro", e um resultado, qual seja, "obter vantagem ilícita em prejuízo alheio" (art. 171 do Código Penal). Assim, o estelionato só se consuma com a obtenção da vantagem ilícita visada pelo agente.

Thanks again!
Thaise Poerschke Freitas
Australia
Local time: 20:32
consummated crime
Explanation:
The crime has been consummated as oposed to being attempted, known in PT-BR as "crime formal".
Selected response from:

Martin Riordan
Brazil
Local time: 09:32
Grading comment
Thanks, Martin! Very helpful! I found that this is the most adequate option.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1consummated crime
Martin Riordan
4(OzE, AmE & BrE) choate criminal offence
Adrian MM. (X)
4actual crime
Nick Taylor
4material crime
Marcia R Pinheiro


Discussion entries: 1





  

Answers


48 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
consummated crime


Explanation:
The crime has been consummated as oposed to being attempted, known in PT-BR as "crime formal".

Example sentence(s):
  • The subsequent judicial declaration of the nullity of the second marriage is immaterial because prior to the declaration of nullity, the crime has already been consummated.

    Reference: http://www.philstar.com/opinion/2014/04/16/1313251/consummat...
Martin Riordan
Brazil
Local time: 09:32
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 361
Grading comment
Thanks, Martin! Very helpful! I found that this is the most adequate option.

Peer comments on this answer (and responses from the answerer)
agree  Paulinho Fonseca
1 hr
  -> Obrigado, Paulinho!
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
(OzE, AmE & BrE) choate criminal offence


Explanation:
vs. inchoate, namely uncompleted such as conspiracy, incitement and attempt.

I tend to avoid consummated just in case the wedding night was unsuccessful.

IATE's website:

Criminal law, LAW [Council] Full entry
PT

crime material



EN

"result" offence




--------------------------------------------------
Note added at 5 hrs (2015-01-04 15:41:00 GMT)
--------------------------------------------------

You might find that, in Aussie and English criminal law textbooks, the chapter headers feature choate vs. inchoate offences and not consummated vs. unconsummated crimes.

Example sentence(s):
  • "Choate", as used in American law, means "completed or perfected in and of itself", [1] or "perfected, complete, or certain". en.wikipedia.org/wiki/Choate_(law)
Adrian MM. (X)
Local time: 14:32
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 357
Notes to answerer
Asker: Thanks for the option, Adrian! I found that choate is more like a historical term and quite controversial. I found more instances of "consummated crime/offence" on Google than "choate crime/offence". I also found out this book, "Rethinking Criminal Law", by George P. Fletcher Cardozo, p. Ixxx, which compares inchoate offence with consummated offence, meaning that if they are antonyms, it's because the latter is correct. :) Thanks again!

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8 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
actual crime


Explanation:
actual crime

Nick Taylor
Local time: 13:32
Native speaker of: Native in EnglishEnglish
PRO pts in category: 102
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1 day 1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
material crime


Explanation:
We should always prefer the closest to the original that we have in terms of options.
It appears to me that we also have this expression, precisely as it is in Portuguese, in the English language.


--------------------------------------------------
Note added at 2 days12 hrs (2015-01-06 22:40:55 GMT)
--------------------------------------------------

www.juridicainternational.eu/?id=12544 also brings reference to the term.


    Reference: http://www.answers.com/Q/What_is_a_material_crime
    Reference: http://www.ncc.nebraska.gov/pdf/manuals/nibrs/nibrs_data.pdf
Marcia R Pinheiro
Australia
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 19

Peer comments on this answer (and responses from the answerer)
neutral  T o b i a s: Neither of the references make any mention of "material crime."
1 day 4 hrs
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