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die Anklage zur Hauptverhandlung zuzulassen

English translation: to open the main proceedings

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04:09 Aug 10, 2004
German to English translations [PRO]
Law/Patents - Law (general) / criminal indictment
German term or phrase: die Anklage zur Hauptverhandlung zuzulassen
Es wird beantragt,
- die Anklage zur Hauptverhandlung zuzulassen und das Hauptverfahren vor dem Landgericht - 4. Strafkammer - Kaiserslautern zu eröffnen

I'm also not sure how to distinguish between Hauptverhandlung and Hauptverfahren. Trial vs. main proceedings?
Kim Metzger
Mexico
Local time: 05:25
English translation:to open the main proceedings
Explanation:
I agree with your distinction between trial and main proceedings, but I think die A. zur Hauptverhandlung zulassen and das Hauptverfahren eröffnen are two ways of saying the same thing. The second one is just used to name the court. For understanding in English, it doesn't matter whether you say "admit for trial" or "open the main proceedings", because they amount to the same.
Selected response from:

Margaret Marks
United Kingdom
Local time: 11:25
Grading comment
Thank you all very much.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1to open the main proceedingsMargaret Marks
4 -1to schedule an arraignment (on the district attorney's information)
Derek Gill Franßen
3hearingKyle Petersen


  

Answers


12 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
hearing


Explanation:
It is requested that the charge be heard at the main hearing, and that the main trial proceedings be opened at the fourth criminal....



Kyle Petersen
United States
Local time: 04:25
Native speaker of: Native in EnglishEnglish
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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
to open the main proceedings


Explanation:
I agree with your distinction between trial and main proceedings, but I think die A. zur Hauptverhandlung zulassen and das Hauptverfahren eröffnen are two ways of saying the same thing. The second one is just used to name the court. For understanding in English, it doesn't matter whether you say "admit for trial" or "open the main proceedings", because they amount to the same.

Margaret Marks
United Kingdom
Local time: 11:25
Native speaker of: Native in EnglishEnglish
PRO pts in category: 256
Grading comment
Thank you all very much.

Peer comments on this answer (and responses from the answerer)
agree  xxxdesiderata: Trial vs. trial stage of the proceedings (conceived broadly as step three of larger proceeding including investigative stage); but for an Am. jurist this distinction doesn't connote a difference. The judge allows the prosecution to go forth to trial.
8 hrs
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14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
to schedule an arraignment (on the district attorney's information)


Explanation:
The difference between "Hauptverfahren" and "Hauptverhandlung" can be seen in this German excerpt:
"Das Hauptverfahren
Die Hauptverhandlung schließlich dient der Feststellung der Schuld bzw. der Unschuld des mittlerweile Angeklagten und endet mit einer Urteilsverkündung.
Es wird zunächst die Hauptverhandlung durch das zuständige Gericht vorbereitet. Dies beinhaltet die Terminsanberaumungen und Ladungen. Zeugen und Sachverständige, die nicht zur Verhandlung erscheinen können, werden durch Ermittlungsrichter vernommen." (source: http://www.123recht.net/printarticle.asp?a=398)

As you can see, the "Hauptverfahren" can be compared with the "criminal proceedings (of the court)" in which the court prepares for the "trial" = "Hauptverhandlung", among other things. I would probably translate "beantragen, das Hauptverfahren ... zu eröffnen" as "petition the court to initiate criminal proceedings". The court would then begin to act, in this case not on an indictment, but on the district attorney's information (=staatsanwaltlicher Entwurf der Anklage, which is what is sent to the court in Germany and probably in America as well) - compare: "The defendant first appears in court at an arraignment on an indictment or on district attorney's information" (source: http://www.open-oregon.com/New_Pages/media_handbook/chapter_...

To sum it all up, I know that the "Hauptverhandlung" is the "trial" in which the defendant is read the charges for the first time. This happens in the arraignment in American courts; at which point the defendant can plead "guilty". In German courts, the "Hauptverhandlung" is the first occasion that the defendant receives to make a similar plea, hence my suggestion.

I sure hope that I didn't just confuse the heck outta' ya. ;-)

American criminal law has different procedures than German criminal law. The first contact the defendant has with the court is usually during the "arraignment"; i.e. "In most legal systems, the accused are read their rights at the time of arrest--if not before-- and are asked if they understand these rights. (See Rights of the Accused). The accused are usually taken to a court within a reasonable amount of time to have the formal charges read against them as prepared by the prosecutor, at which time they normally enter a plea of guilty or not guilty. This process is called an arraignment.

A speedy arraignment can be another safeguard against arbitrary arrest, prolonged detention or unethical police tactics. An arraignment also lets the accused know what charges have been made against them so that they can prepare their defence or challenge the legality of their detention." (source: http://www.aceproject.org/main/english/ei/eih03.htm).

I myself

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Note added at 14 hrs 39 mins (2004-08-10 18:48:43 GMT)
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Sorry, the paragraph starting with \"To sum it all...\" as well as the following paragraph should replace \"I myself\". ;-)

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Note added at 14 hrs 57 mins (2004-08-10 19:07:10 GMT)
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By the way, in American criminal law, the \"Grand Jury\", a group of seven jurors, evaluates evidence and determines whether sufficient evidence exists to warrant filing formal charges against the defendant. This \"job\" is done by the \"Richter\" according to German law, which is why the Staatsanwalt sends his \"Anklage\" to the court. The Richter can send it back if there is not enough evidence. The Richter may also takes steps in securing evidence (but usually doesn\'t - they don\'t get paid more for doing it!).

In American criminal law the Grand Jury then may file this an accusatory instrument (formal charge), the socalled \"indictment\". Apparantly, the district attorney may also provide information directly to the judge. the judge then schedues an arraignment either on an indictment (from a Grand Jury) or on the information from the district attorney. The German \"Anklage\" is drafted by the Staatsanwalt and sent to the court directly and petitions the court to initiate proceedings and schedule a \"Hauptverhandlung\" (see above). Therefore, it is probably safe to call the \"Anklage\" an \"indictment\" seeing as how Germany doesn\'t have a \"Grand Jury\", but does have a Staatsanwalt (=district attorney) who seems to do a similar job as the \"Grand Jury\". Beside that, the Staatsanwalt will usually only send the Anklage to the court, if the chances that the court will initiate proceeding are very high.

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Note added at 17 hrs 27 mins (2004-08-10 21:37:09 GMT)
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Okay Philip (& Kim), I\'ll try this again.
\"Hauptverfahren\" = \"criminal proceedings of the court\"
\"Hauptverhandlung\" = \"main trial\" (which combines different American hearings & trials, including the arraignment, into one)

For German criminal procedure, see chapters 2 - 6 here (German Criminal Code in English): http://www.iuscomp.org/gla/statutes/StPO.htm

For American criminal procedure, see: http://www.law.cornell.edu/rules/frcrmp/

Now, you can decide for yourself if the Staatsanwalt is applying/petitioning the court schedule an arraignment (or main trial) so that the (DA\'s) bill of indictment/charges can be read to the defendant or if something else is happening.

Derek Gill Franßen
Germany
Local time: 12:25
Specializes in field
Native speaker of: English
PRO pts in category: 728

Peer comments on this answer (and responses from the answerer)
disagree  xxxdesiderata: The original question addresses the filtering function of the civil judge as he/she allows/rejects the information. [To new part of response]. Right. There is no arraignment; cf. your response. "Civil" judge=continental European judge.
1 hr
  -> Perhaps you are right after all. I meant the German criminal trial is not officially seperated into an arraignment, preliminary examination of the defendant; these (as well as the conviction and sentencing) are usually all done in the Hauptverhandlung.
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