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English translation: I hereby bring this public complaint and move that main court proceedings be formally commenced.

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11:35 Mar 7, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: Sentence
Ich erhebe die öffentliche Klage und beantrage, das Hauptverfahren zu eröffnen.
Poornima Iyengar
Local time: 03:16
English translation:I hereby bring this public complaint and move that main court proceedings be formally commenced.
Explanation:
The German sentence is a typical sentence that appears in every criminal "indictment/information" (German: "Anklageschrift").

The prosecutor has concluded the criminal investigation and has to file the criminal (public) complaint (along with the criminal investigation files) with the court. The court will review the files and public complaint and determine whether to "open" the formal court proceedings (das Hauptverfahren zu eroeffnen).

This means that there will be a "trial" (there is no jury system in Germany, but two "Schoeffen" take part in the public hearings -at certain court levels -, sitting on the bench with the professional judges and having the same vote), but it also means that the duty to investigate now also rests with the court.

The German criminal justice system is therefore not comparable to the Anglo-American system.

This is why I tend not to "Anglo-Americanize" the German terms and concept in order not to mislead an Anglo-American lawyer. He/she will get an idea of what the text is about and, at the same time, understand that the German criminal procedure is different from what he/she is used to.

Diet/Lorenz offers the following translations: "Hauptverfahren: main proceedings" - I prefer "main court proceedings" because this conveys the meaning of the "main proceedings" being court proceedings (in contrast to possible "court proceedings" during the prosecutorial investigation phase).

Dietl/Lorenz: "Anklage erheben - bringing (or preferring) a charge"
- I believe the translation "bringing a public (or criminal) complaint" more precisely conveys the fact that this is a formal complaint concluding investigation.
Selected response from:

Beate Boudro
United States
Local time: 15:46
Grading comment
Thank you! You have been a judge so I would go with your suggestion.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +2In defence of Beate's answerBeate Lutzebaeck
5 +1I hereby bring this public complaint and move that main court proceedings be formally commenced.Beate Boudro
4 +1sentencegangels
5I hereby bring a civil action and move that the matter be tried
Dr. Fred Thomson
3 +1I am filing a civil suit and make a request to open the principal action.
Ursula Peter-Czichi
4I raise the public complaint and request to open the main method.
GBChrista
5 -1I'm initiating this civil suit, and hereby request main proceedings to commence.xxxbrute


  

Answers


29 mins   confidence: Answerer confidence 5/5 peer agreement (net): -1
I'm initiating this civil suit, and hereby request main proceedings to commence.


Explanation:
Legal terminology.

xxxbrute
PRO pts in pair: 255

Peer comments on this answer (and responses from the answerer)
disagree  Terri Doerrzapf: I do not think that you would use contractions in this case. Sounds too informal.
7 hrs
  -> Thanx, Terri!
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36 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
I am filing a civil suit and make a request to open the principal action.


Explanation:
Just a straight translation. I am not a lawyer.

HTH anyway.

Ursula Peter-Czichi
United States
Local time: 17:46
PRO pts in pair: 242

Peer comments on this answer (and responses from the answerer)
agree  Elvira Stoianov
16 mins
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
I raise the public complaint and request to open the main method.


Explanation:
This is a purely legal term and I believe this is the right answer.

GBChrista
Germany
Local time: 23:46
Native speaker of: Native in GermanGerman
PRO pts in pair: 69
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2 hrs   confidence: Answerer confidence 5/5
I hereby bring a civil action and move that the matter be tried


Explanation:
on its merits.
Or: I hereby file suit in civil court and move that the main proceedings begin forthwith.
Strangely, the entire sentence does not provice sufficient context for a decent translation. It is important here to know under what circumstances this sentece came up.

Dr. Fred Thomson
United States
Local time: 15:46
Native speaker of: English
PRO pts in pair: 5861
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
sentence


Explanation:
Motion is made to this court to bring the case to trial

That's how counsel would address a judge in the US. The attorney never refers to himself as "I", only as "we". Legal translation experience

gangels
Local time: 15:46
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 5465

Peer comments on this answer (and responses from the answerer)
agree  Terri Doerrzapf
4 hrs
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5 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
I hereby bring this public complaint and move that main court proceedings be formally commenced.


Explanation:
The German sentence is a typical sentence that appears in every criminal "indictment/information" (German: "Anklageschrift").

The prosecutor has concluded the criminal investigation and has to file the criminal (public) complaint (along with the criminal investigation files) with the court. The court will review the files and public complaint and determine whether to "open" the formal court proceedings (das Hauptverfahren zu eroeffnen).

This means that there will be a "trial" (there is no jury system in Germany, but two "Schoeffen" take part in the public hearings -at certain court levels -, sitting on the bench with the professional judges and having the same vote), but it also means that the duty to investigate now also rests with the court.

The German criminal justice system is therefore not comparable to the Anglo-American system.

This is why I tend not to "Anglo-Americanize" the German terms and concept in order not to mislead an Anglo-American lawyer. He/she will get an idea of what the text is about and, at the same time, understand that the German criminal procedure is different from what he/she is used to.

Diet/Lorenz offers the following translations: "Hauptverfahren: main proceedings" - I prefer "main court proceedings" because this conveys the meaning of the "main proceedings" being court proceedings (in contrast to possible "court proceedings" during the prosecutorial investigation phase).

Dietl/Lorenz: "Anklage erheben - bringing (or preferring) a charge"
- I believe the translation "bringing a public (or criminal) complaint" more precisely conveys the fact that this is a formal complaint concluding investigation.



    Dietl/Lroenz and own professional experience as a judge in Germany (incl. criminal proceedings).
Beate Boudro
United States
Local time: 15:46
Native speaker of: Native in GermanGerman
PRO pts in pair: 253
Grading comment
Thank you! You have been a judge so I would go with your suggestion.

Peer comments on this answer (and responses from the answerer)
agree  Beate Lutzebaeck: That's the one - it doesn't get any better! I also share your view re misleading translation efforts to "Anglo-Americanize" German terms and concepts ...
2 hrs

disagree  gangels: You'd be laughed out of the court room
3 hrs

agree  Ursula Peter-Czichi: Thank you for your effort. Explanations like this are very helpful. So far, I have never dared to translate legal documents... (It will wait.)
9 hrs
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11 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +2
In defence of Beate's answer


Explanation:
I'm putting in this response solely to offer some additional clarification in defence of Beate's answer:

The background here is not a civil law suit, but criminal proceedings (admittedly, you need to have practical legal experience in Germany to recognise that). The author of your document, i_poornima, is the public prosecutor - pretty tough to laugh him out of the court room ...

In any case, I would suggest you watch your language, Klaus Beyer, and keep it professional - as you can see from Beate Boudro's profile (had you bothered checking it), she is not only a qualified lawyer (which requires a minimum training of seven years in Germany), but has also presided as a judge in a German criminal court. Given this level of experience, it is quite clear that it outweighs the experience of someone with "Legal translation experience" who does not even recognise the type of proceedings.

Beate Lutzebaeck
New Zealand
Local time: 09:46
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2079

Peer comments on this answer (and responses from the answerer)
agree  Ursula Peter-Czichi: My experience was also too limited to recognize the underlying facts. Thank you so much for your effort.
3 hrs
  -> Hey - nothing wrong with that. The main thing is that you didn't try to rubbish an excellent answer!

agree  Beate Boudro: Professionalism is always a good idea.
16 hrs
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