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norma penal branco

English translation: abstract rule of criminal law (whose enforcement requires supplemental legal specification)

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11:35 Mar 19, 2007
Portuguese to English translations [PRO]
Tech/Engineering - Law (general)
Portuguese term or phrase: norma penal branco
this is part of a report about the misappropriation of manufactured goods from a plant
judith ryan
Brazil
Local time: 23:00
English translation:abstract rule of criminal law (whose enforcement requires supplemental legal specification)
Explanation:
"Abstract rule" may be a bit more useful than "generic rule" because in English-speaking countries an offense against a "generic rule" would probably be eligible for prosecution and punishment, whereas the word "abstract" implies that additional definition is needed.

In fact, a "norma penal em branco" -- or, in Spanish, "norma penal en blanco" -- is not enforceable without an additional rule defining the act more specifically.



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Note added at 1 day2 hrs (2007-03-20 14:04:03 GMT)
--------------------------------------------------

Alternatively, "abstract definition of a crime".
Selected response from:

xxxWm Steinmetz
Brazil
Local time: 23:00
Grading comment
thanks!
4 KudoZ points were awarded for this answer

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Summary of answers provided
3 +1generic rule of criminal law
Donna Sandin
4abstract rule of criminal law (whose enforcement requires supplemental legal specification)xxxWm Steinmetz
3blank criminal rulerhandler


  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
generic rule of criminal law


Explanation:
Folks, I do not know how this term should be translated. HOwever, I have found the precise definition in my four-volume Dicionario Juridico by Maria Helena Diniz, who, when I looked for "norma penal em branco" referred me to the entry for "lei penal em branco." My unpolished translation of that definition reads as follows:

Lei Penal em Branco – A law that needs a complement because it is generic, since its content is indeterminate. It is precise only as regards the penalty. Its complement may be found in that same law, or supplied by another to be issued in the future. It is, therefore, a law that imposes a penalty without defining the crime, since the penalty is provided for violation of a rule that already exists but whose concept may be changed in the future.



Donna Sandin
United States
Local time: 22:00
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 260

Peer comments on this answer (and responses from the answerer)
agree  xxxWm Steinmetz: This is a good description.
1 day35 mins
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56 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
blank criminal rule


Explanation:
Encontrei este exemplo:

[PDF] Page 1 CONSIGLIO DELLA MAGISTRATURA MILITARE EUROPEAN COMMON ...
File Format: PDF/Adobe Acrobat - View as HTML
rules integrated by simple administrative provisions, and conclude – doubtfully – that the blank criminal rule with all its related problems would occur ...
www.difesa.it/backoffice/upload/allegati/2005/{F844C8C9-5FD...


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Note added at 2 hrs (2007-03-19 14:28:55 GMT)
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You may also use "blank criminal law", like in these examples:

[PDF] BILL THAT ESTABLISHES THE COURT OF DEFENSE FOR FREE COMPETENCE IN ...
File Format: PDF/Adobe Acrobat - View as HTML
blank criminal law, keeping just the administrative type. penalties, increasing the fine and establishing common. responsibility for managers and directors ...
www.jftc.go.jp/eacpf/05/APECTrainingProgram2002/Chile.pdf

[PDF] RECOMENDACIONES PARA LA ELABORACION DE UN MARCO JURIDICO SOBRE ...
File Format: PDF/Adobe Acrobat - View as HTML
criminal law, the existence of both blank criminal law, and also open criminal. types will be permitted. 133 . This turns out to be especially relevant when ...
www.field.org.uk/files/chile final recs.pdf

Date of the judgment 1969.12.24 Case number 1965 (A) No. 1187 ...
... to lay down conditions at their discretion, and also in this respect, it is in violation of the said article that prohibits blank criminal law. ...
http://courtdomino2.courts.go.jp/promjudg.nsf/0/caabd88a82ff...


rhandler
Local time: 23:00
Specializes in field
Native speaker of: Portuguese
PRO pts in category: 1302

Peer comments on this answer (and responses from the answerer)
agree  Denise Miranda
47 mins
  -> Obrigado, Denise!

disagree  xxxWm Steinmetz: I have seen this answer in a legal glossary that circulates in hyperspace, but it is a contrived calque and means nothing in English. All these cited sources are by people whose native language is not English.
1 day1 hr
  -> My third example comes from the UK. Their native language should be English.
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1 day2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
abstract rule of criminal law (whose enforcement requires supplemental legal specification)


Explanation:
"Abstract rule" may be a bit more useful than "generic rule" because in English-speaking countries an offense against a "generic rule" would probably be eligible for prosecution and punishment, whereas the word "abstract" implies that additional definition is needed.

In fact, a "norma penal em branco" -- or, in Spanish, "norma penal en blanco" -- is not enforceable without an additional rule defining the act more specifically.



--------------------------------------------------
Note added at 1 day2 hrs (2007-03-20 14:04:03 GMT)
--------------------------------------------------

Alternatively, "abstract definition of a crime".

xxxWm Steinmetz
Brazil
Local time: 23:00
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 32
Grading comment
thanks!

Peer comments on this answer (and responses from the answerer)
neutral  rhandler: Did you mean "the enforcement of which requires ..."? Please correct the glossary.
12 hrs
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