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acte d’exécution suspendu

English translation: step in the commission of an offence, interrupted

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:acte d’exécution suspendu
English translation:step in the commission of an offence, interrupted
Entered by: AllegroTrans
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07:48 Apr 3, 2007
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.

Thank you.
silvia karen
France
Local time: 19:45
step in the commission of an offence, interrupted
Explanation:
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:

AllegroTrans
United Kingdom
Local time: 18:45
Grading comment
This is the expression I was looking for, thank you.
4 KudoZ points were awarded for this answer

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Summary of answers provided
3 +4siehe unten
Richard Benham
4 +2step in the commission of an offence, interrupted
AllegroTrans
3inchoate mode of commissionxxxAdrian MM.
3suspended execution of an act
Katarina Peters


Discussion entries: 1





  

Answers


3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
suspended execution of an act


Explanation:
literally...

Katarina Peters
Canada
Local time: 13:45
Specializes in field
Native speaker of: Native in HungarianHungarian, Native in EnglishEnglish
PRO pts in category: 70

Peer comments on this answer (and responses from the answerer)
neutral  Richard Benham: Well, it might be OK, but it is certainly not literal, since "suspendu" agrees with "act", not "exécution" and the relationsips with the preposition are different.
14 mins
  -> so I should have said "suspended act of execution"...

neutral  AllegroTrans: Agree with last comment, but your suggested wording leaves room for ambiguity
1 hr
  -> Either way - and now I checked in Eurodicautom - it is a "suspended consumatory act" which is a short version of a lengthy explanation...
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4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +4
siehe unten


Explanation:
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....

Richard Benham
France
Local time: 19:45
Native speaker of: Native in EnglishEnglish
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.


Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: Your explanation is spot on. See my suggested answer
49 mins

agree  Evi Prokopi
1 hr

agree  Conor McAuley: Yep, I concur
3 hrs

agree  Patrice
9 hrs
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
step in the commission of an offence, interrupted


Explanation:
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 -

AllegroTrans
United Kingdom
Local time: 18:45
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 958
Grading comment
This is the expression I was looking for, thank you.

Peer comments on this answer (and responses from the answerer)
agree  Richard Benham: OK this is the sort of thing I had in mind.
2 hrs
  -> thanks

agree  Conor McAuley
2 hrs
  -> thanks
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1 day7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
inchoate mode of commission


Explanation:
Whilst agreeing with Richard & Allegro, I feel the terms of art choate and inchoate (offences) - that seem so unpopular with ProZ translators - should be brought into the frame, even though not an exact fit in this context, but fuzzily matching the extracted phrase only.





Example sentence(s):
  • various modes of co-perpetration of which one, while similar to the concept of ... that conspiracy per se be regarded as an inchoate mode of commission. ...

    Reference: http://www.etc-graz.at/cms/fileadmin/user_upload/humsec/Work...
xxxAdrian MM.
Local time: 19:45
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 858
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Voters for reclassification
as
PRO / non-PRO
PRO (3): juliebarba, Katarina Peters, Richard Benham


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Changes made by editors
Apr 3, 2007 - Changes made by Richard Benham:
LevelNon-PRO » PRO
Apr 3, 2007 - Changes made by writeaway:
LevelPRO » Non-PRO
Apr 3, 2007:
Kudoz queueIn queue » Public


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