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instruction

English translation: preparation

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:instruction
English translation:preparation
Entered by: Bogdan Petrovic
Options:
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- Include in personal glossary

15:59 Apr 6, 2008
French to English translations [PRO]
Law/Patents - Law (general) / judiciary
French term or phrase: instruction
Comment la fonction d’instruction (de mise en état des dossiers) est-elle exercée?

It is a questionnaire about the setup of the judiciary in varous countries
Bogdan Petrovic
Serbia
Local time: 01:17
preparation
Explanation:
the context qualifies the headword with "mise en état des dossiers", which is, according to the COE legal dictionary, 'preparation' rather than 'investigation'

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Note added at 38 mins (2008-04-06 16:38:04 GMT)
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preparation of a case
Selected response from:

Graham macLachlan
Local time: 01:17
Grading comment
thanks.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +3(pre-trial) investigationxxxEuqinimod
4 +1preparation
Graham macLachlan
4 +1examinationxxxBourth
4pre-trial inquiry
Irene McClure
3How is a preliminary investigation (case preparation) carried out?MatthewLaSon


  

Answers


3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
(pre-trial) investigation


Explanation:
...

xxxEuqinimod
Local time: 01:17
Works in field
Native speaker of: Native in FrenchFrench
PRO pts in category: 64

Peer comments on this answer (and responses from the answerer)
agree  Aude Sylvain:
23 mins

agree  Michael Lotz
30 mins

agree  mariavaz
19 hrs
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36 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
preparation


Explanation:
the context qualifies the headword with "mise en état des dossiers", which is, according to the COE legal dictionary, 'preparation' rather than 'investigation'

--------------------------------------------------
Note added at 38 mins (2008-04-06 16:38:04 GMT)
--------------------------------------------------

preparation of a case

Graham macLachlan
Local time: 01:17
Native speaker of: Native in EnglishEnglish
PRO pts in category: 298
Grading comment
thanks.

Peer comments on this answer (and responses from the answerer)
agree  cjohnstone
6 mins
  -> thanks Catherine
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51 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
pre-trial inquiry


Explanation:
As an alternative to the other two...

I think Graham's point is valid, but think there is more to the pre-trial proceedings in France than simple 'preparation'. The term 'inquiry' seems less loaded than 'investigation' which in English does imply (to me) that a crime has taken place.

Here are a couple of links that explain the difference between inquisitorial and adversarial legal systems and how the pre-trial proceedings operate in France. Hope it helps.

http://en.wikipedia.org/wiki/Inquisitorial_system

http://www.icac.nsw.gov.au/files/pdf/pub2_5q1.pdf

Irene McClure
Local time: 01:17
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
examination


Explanation:
To keep the tie with the usual English translation of "juge d'instruction", "examining magistrate"

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Note added at 1 hr (2008-04-06 17:08:22 GMT)
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This paper sets out the findings of a Home Office led study into the French EXAMINING MAGISTRATE system in relation to the investigation and prosecution of terrorist suspects. The examining magistrate system is sometimes presented as a possible alternative model for the investigation and prosecution of terrorist suspects in the UK because of the difficulty in terrorism cases of introducing intelligence material as evidence in court. There are different types of intelligence product and work is being undertaken separately on the issue of intercept as evidence.
This paper therefore addresses two issues:

• Whether there are any aspects of the EXAMINING MAGISTRATE system (and other processes associated with this model) which would be desirable to introduce in the UK. Key considerations will be whether any such changes would be achievable within the context of the English or Scots legal systems, and if so, what would be their added value.

• Whether THE EXAMINING MAGISTRATE system could be used to allow the introduction of intercept evidence into criminal proceedings whilst affording the necessary protection to sources/techniques/capabilities, thus increasing the number of successful prosecutions in terrorism cases.
http://security.homeoffice.gov.uk/news-publications/publicat...


xxxBourth
Local time: 01:17
Native speaker of: Native in EnglishEnglish
PRO pts in category: 254

Peer comments on this answer (and responses from the answerer)
agree  Patrice
4 hrs
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6 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
How is a preliminary investigation (case preparation) carried out?


Explanation:
Hello,

To me, "instruction" is a pre-trial investigation, but I think we also say "preliminary investigation" more often in English. To me, it means the same thing in French as "une information judiciaire a été ouverte."


mise en état des dossiers = case preparation

est exercée = is carried out

I wouldn't translate "fonction" as it just means "the job/task of of carrying out a preliminary investigation."

I hope this helps.

MatthewLaSon
Local time: 19:17
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 405
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