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|French to English translations [PRO]|
Law/Patents - Law (general) / droit pénal
|French term or phrase: acte d’exécution suspendu |
|Mais un acte d’exécution, suspendu volontairement, qui, dans l’intention de l’agent, était une tentative pour accomplir tel délit, peut constituer la consommation d’un autre délit, si bien que l’agent, qui ne doit pas être poursuivi pour le délit qu’il a tenté, puisqu’il s’est désisté, peut l’être pour le délit qu’il a consommé. |
|step in the commission of an offence, interrupted|
I have read Richard Benham's helpful explanation and entirely agree with this. English legalese does of course have an expression for this and for clarity I suggest "step in the commission of an offence" which leaves no room for ambiguity. The following ref. has a discussion on the principles of this, which you may find helpfiul:
Haughton -v- Smith, On Appeal From Reg. -v- Smith (Roger), House of ...
... from doing some act necessary to complete commission of the crime - as when a ... case there is both mens rea and an act connected immediately with the offence. ...www.swarb.co.uk/c/hl/1974haughton_smith.html -
Selected response from:
Local time: 18:45
|This is the expression I was looking for, thank you. |
4 KudoZ points were awarded for this answer
3 hrs confidence:
suspended execution of an act
| Katarina Peters|
Local time: 13:45
Specializes in field
Native speaker of: Hungarian, English
PRO pts in category: 70
4 hrs confidence: peer agreement (net): +4
I have been reluctant to answer this, because, although it seems obvious what it means, I am not so sure how to express it in English, especially legally acceptable English.
But here is a rough attempt. First let me note, however, that I don't really think "exécution" adds much. I think the phrase "acte d'exécution" just means actually doing something. I have no reference or justification for this, other than that it seems to be required for the passage to make sense. So here goes....
But an act, voluntarily interrupted, which, in the actor's intention, was an attempt to commit a crime, may constitute the completion of another crime, so that the actor, who may not be prosecuted for the crime he attempted, because he stopped, can be prosecuted for the crime he completed.
I am not so sure about the terminology here, but I am sure that is the sense of it. For example, an voluntarily aborted attempt to murder someone might still be an assault....
Local time: 19:45
Native speaker of: English
PRO pts in category: 28
|Notes to answerer|
|Asker: Yes, I thought it might be an "interrupted sequence" but I wanted to hear some more opinions.|