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the parties who which evidence should be presented

English translation: Today, the parties decide which evidence is presented (at trial) ....


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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:the parties who which evidence should be presented
English translation:Today, the parties decide which evidence is presented (at trial) ....
Entered by: Taña Dalglish
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18:16 Dec 25, 2011
English to English translations [PRO]
Law/Patents - Law (general)
English term or phrase: the parties who which evidence should be presented
Hello everyone,

The trial still opens in XXX and most post-Soviet republics, with the trial judge asking the defendant whether he admits the charges, advising him of the right to silence, and then asking him whether he wants to testify. This procedure arguably could be considered against the presumption of innocence, guaranteed by YYY, because the burden is on the prosecution to prove guilt and the defendant is asked to respond before any evidence of guilt has been presented in court. It is a positive step forward in XXX, however, that it is today **the parties who which evidence should be presented**, whereas in Soviet times this role was carried out by the judge, who was in effect an ersatz prosecutor in more than half of all criminal cases because the prosecutor was not obligated to appear

Does the phrase in question mean that evidence should be presented to the parties, not by the parties? If so, this sounds like a contradiction to me because in Russia (and in the country in question) evidence is presented by the parties, first the prosecution presents evidence, then the defense presents evidence.

Thank you.
klp
Local time: 05:17
Today the parties decide which evidence is presented at trial ....
Explanation:
It means the evidence is presented by the parties. The word "who" is clearly an editing error.

See page 104. http://www.scribd.com/doc/64815488/2/Mirjan-Damaška-A-Bridge... Stephen Thaman
Mirjan Damaška: A Bridge Between Legal Cultures
***Today the parties decide which evidence is presented at trial, whereas in Soviet times this role was carried out by the judge, who was in effect an ersatz prosecutor in more than half of all criminal cases because the prosecutor was not obligated to appear. **** 34

34 Thaman, above n 6, at 67.

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Note added at 1 day5 hrs (2011-12-26 23:42:08 GMT) Post-grading
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Thank you klp. Enjoy the rest of the holiday and best for 2012.
Selected response from:

Taña Dalglish
Jamaica
Local time: 20:17
Grading comment
Many thanks to everyone.
Thank you, Taña.

And yes, the source text is another article by Thaman.

4 KudoZ points were awarded for this answer



Summary of answers provided
3 +5Today the parties decide which evidence is presented at trial ....
Taña Dalglish


Discussion entries: 3





  

Answers


26 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +5
Today the parties decide which evidence is presented at trial ....


Explanation:
It means the evidence is presented by the parties. The word "who" is clearly an editing error.

See page 104. http://www.scribd.com/doc/64815488/2/Mirjan-Damaška-A-Bridge... Stephen Thaman
Mirjan Damaška: A Bridge Between Legal Cultures
***Today the parties decide which evidence is presented at trial, whereas in Soviet times this role was carried out by the judge, who was in effect an ersatz prosecutor in more than half of all criminal cases because the prosecutor was not obligated to appear. **** 34

34 Thaman, above n 6, at 67.

--------------------------------------------------
Note added at 1 day5 hrs (2011-12-26 23:42:08 GMT) Post-grading
--------------------------------------------------

Thank you klp. Enjoy the rest of the holiday and best for 2012.

Taña Dalglish
Jamaica
Local time: 20:17
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12
Grading comment
Many thanks to everyone.
Thank you, Taña.

And yes, the source text is another article by Thaman.

Peer comments on this answer (and responses from the answerer)
agree  MARK ROBERTSON: Happy Channukah!
37 mins
  -> Thank you very much. Merry Christmas!

agree  AllegroTrans: totally logical, but cannot be certain that is what is meant by the jumbled sentence...asker needs to check back with the client. Happy Christmas to you!// a very interesting article, since I have links with Croatia. Will read it in the holidays. Thanks!
1 hr
  -> Thank you. However, it is clear if you read the link I included (see page 104. http://www.scribd.com/doc/64815488/2/Mirjan-Damaška-A-Bridge... Stephen Thaman), the phrase is copied word for word! Have a Merry Christmas!

agree  Charles Davis: Merry Christmas, Taña :)
2 hrs
  -> Thank you so much and a very Merry Christmas to you and yours!

agree  Andy Watkinson: Excellent, as usual
4 hrs
  -> Thank you so much Andy and Merry Christmas!

agree  Tina Vonhof: No editing error but a word is missing: today it is the parties who decide... (in contrast to the previous situation when it was the judge who decided). // There is no indication that the source text came from this link.
22 hrs
  -> Thank you Tina. The link I provided (twice) is clear: "Today, the parties decide which ("who") evidence is presented at trial .." "Who" should not be there. The wording is an extract from an article by Thaman. //Indication (the Asker?). See pg. 104.
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Changes made by editors
Dec 26, 2011 - Changes made by Taña Dalglish:
Created KOG entryKudoZ term => KOG term


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