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Overt acts

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02:45 Sep 14, 2007
English to Chinese translations [PRO]
Art/Literary - Law (general)
English term or phrase: Overt acts
How to translate "overt acts" in legal context. 公然行为?
xiaoxuanhuang
Local time: 23:01
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Summary of answers provided
5 +1公然行为/公然作为
LoyalTrans
4公然的犯罪行为
J.H. Wang
4犯行Wenjer Leuschel
4既成事实Kevin Z


  

Answers


2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
overt acts
既成事实


Explanation:
Example: Rental of a van, purchase of explosives, obtaining a map of downtown New York City and going back and forth to the World Trade Center, could each be considered overt acts as part of the terrorist bombing of that building. ...
"overt acts"这是指犯罪未遂,前所做的一些行为.所以我认为应译为"既成事实",请指正!



Kevin Z
Local time: 17:01
Native speaker of: Native in ChineseChinese
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24 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
犯行


Explanation:
如果说“公然行为”不足以表达正确的内容。

美国宪法中 Article III, Section 3 说:
Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

这里的 overt action 若翻译成“公然行为”会是很奇怪的译法。“犯行”必定是“做出来的恶事”,所以才称为 overt acts。


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Note added at 1 hr (2007-09-14 04:19:26 GMT)
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Whether overt acts are to be considered criminal acts, it is a matter of the judges or the juries. However, the prosecutors must take them as criminal acts to have their cases. Otherwise, there would be any cases in legal terms. That is why I am of the opinion that "overt acts" must be taken as "criminal acts" in legal terms.

If this term is to be translated literally, it cannot be translated "公然行为" for overt acts may not necessarily done in public. They could be done secretely with only a few witnesses who have to prove what the alleged ones have overtly done. For this reason, if it is to be translated literally, the term "显然行为" can be considered, but not "公然行为."


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Note added at 1 hr (2007-09-14 04:28:51 GMT)
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如果必须使用中性的词语翻译 overt acts,除了“显然行为”之外,“事实行为”或“已证实的行为”都是可能的选择。“显然”主要是说“可以被证实已经做出的行为”,这在诉讼中显然是被视为“犯行”的。

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Note added at 2 hrs (2007-09-14 05:31:52 GMT)
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经过 Kevin Z 指出的例子,我觉得比较正确的说法应该是“事实行为”或“证实行为”。请参考以下案例:

http://www.hklii.org/hk/other/hklrc/reports/1994/05/onepage....

4.11 While the House of Lords decision in DPP v Stonehouse perpetuates doubt over the proper interpretation to be placed on the Eagleton test, the case did clarify certain other matters. In that case, the defendant, having insured his life in England, faked his death by drowning for the benefit of his wife, who was innocent of his plans. He faked his death in the United States and disappeared. If he had not been discovered before his wife was paid by the insurers the full offence would have been that he dishonestly and by deception enabled his wife to obtain insurance monies by the false pretence that he had drowned11. In upholding his conviction for attempt the House of Lords made it clear that:

(a) an attempt may be complete even though an act remains to be carried out by an innocent agent, in this case a claim under an insurance policy;

(b) where a defendant outside the jurisdiction attempts to procure the commission of an offence within the jurisdiction there is an attempt, even though all of the defendant's acts are done abroad, if they have an effect within the jurisdiction. In this case the effect was communication of the presumed drowning through the media to the defendant's wife(12); and

(c) it is for the judge to rule whether there is any evidence capable of constituting an attempt, but it is always a matter for the jury to say whether they accept it as amounting to an attempt(13).


The notes 12 and 13 are as follows:

12) Smith and Hogan (op cit, at 316) query the relevance of the "effect" and wonder why the result should have been different if D had been rescued from the sea and confessed before any report of his death appeared in England. They refer to the obiter remarks in Somchai Liangsiriprasert v United States Government ((1991) 92 Cr. App. Rep. 77) that an attempt abroad to commit an offence in England is indictable even though no OVERT ACT has been done within the jurisdiction.

13) See DPP v Stonehouse [1978] AC 55, at 94, where Lord Keith said: “in every case where a jury may be entitled to convict, the application of the law to the facts is a matter for the jury and not for the judge”.


Wenjer Leuschel
Taiwan
Local time: 17:01
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Native speaker of: Native in ChineseChinese
PRO pts in category: 114
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14 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
公然行为/公然作为


Explanation:
Yes, your translation is right.

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Note added at 18 mins (2007-09-14 03:04:08 GMT)
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Or, depending on context, you can translate it as "明显行为".

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Note added at 42 mins (2007-09-14 03:27:35 GMT)
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In my opinion, "犯行" or "犯罪行为" refers to "behavior in violation of law", while "overt act" may by itself be innocent and lawful. It is just an act which facilitates the criminal's intention to commit a crime. I am not an expert in criminal law, but I personally prefer a literal translation for this term.

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Note added at 3 hrs (2007-09-14 06:26:17 GMT)
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Well, a Chinese lawyer practicing in criminal prosecution area should be the ideal person to answer this...



LoyalTrans
Local time: 17:01
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PRO pts in category: 80

Peer comments on this answer (and responses from the answerer)
agree  Raymond Chu
5 days
  -> Thanks a lot!
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7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
overt acts
公然的犯罪行为


Explanation:
来自金属词霸2006版,供参考

J.H. Wang
China
Local time: 17:01
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Changes made by editors
Sep 14, 2007 - Changes made by Paul Merriam:
Language pairChinese to English » English to Chinese


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