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dolo eventual

English translation: In case of eventual or indirect fraud,

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:dolo eventual
English translation:In case of eventual or indirect fraud,
Entered by: Heather Phillips
Options:
- Contribute to this entry
- Include in personal glossary

19:16 Sep 19, 2007
Portuguese to English translations [PRO]
Law/Patents - Law (general) / Legal explanation of the concepts of dolo and culpa
Portuguese term or phrase: dolo eventual
No dolo eventual, ou indireto, o agente tem a previsao do resultado, mas, prevendo o resultado antijuridico, embora nao o deseje, assume o risco de produzi-lo. Is this consequential malice??? I have "dolo" as malice and "culpa" as blame.
Heather Phillips
United Kingdom
Local time: 05:28
In case of eventual or indirect fraud,
Explanation:
The New ... of the eventual disclosure of an alleged fraud within the company.
Selected response from:

Marlene Curtis
United States
Local time: 00:28
Grading comment
Thanks, I found this on the Internet, so I'm happy with it.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +2implied malice aforethought
Donna Sandin
5 +1malice in law
Clauwolf
4oblique or foresight intent(ion)xxxAdrian MM.
4In case of eventual or indirect fraud,Marlene Curtis


  

Answers


3 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
malice in law


Explanation:
:) Maria Chaves

Clauwolf
Local time: 01:28
Works in field
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 237

Peer comments on this answer (and responses from the answerer)
neutral  Donna Sandin: Chaves latest edition skips the "eventual" kind of dolo
21 mins
  -> anyway, it is defined in the context - so "malice in law" would fit

agree  Henrique Magalhaes
13 hrs
  -> obrigado
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5 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
In case of eventual or indirect fraud,


Explanation:
The New ... of the eventual disclosure of an alleged fraud within the company.

Marlene Curtis
United States
Local time: 00:28
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 1318
Grading comment
Thanks, I found this on the Internet, so I'm happy with it.
Login to enter a peer comment (or grade)

22 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
implied malice aforethought


Explanation:
I had this in my glossary from law firm days but I didn't note the source.

the "eventual" makes it milder, less formal, more "potential"

Donna Sandin
United States
Local time: 00:28
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  Amy Duncan
7 mins

agree  Humberto Ribas
1 hr
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2 days2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
oblique or foresight intent(ion)


Explanation:
Dolo in Port. & Span. seems to be the underlying mens rea element of a crime.

Sub-categories in Eng. law include oblique intent where the outcome is foreseeable and transferred malice where the victim is different from the intended one.

Another possibility is conditional intent: a person goes into a store intending to steal anything, but does not form a definite intent until sees sthg.

TRANSFERRED MALICE

Under the doctrine of transferred malice a defendant will be liable for an offence if he has the necessary mens rea and commits the actus reus even if the victim differs from the one intended. The basis for this principle is the decision of the court in:

R v Latimer (1886) 17 QBD 359.

If the defendant has the mens rea for a different offence from that which he commits however, the intent cannot be transferred. See:

R v Pembliton (1874) LR 2 CCR 119.



Example sentence(s):
  • Já o dolo eventual ocorre quando o sujeito assume o risco de produzir o resultado. O agente não deseja o resultado, pois se assim ocorresse, não seria dolo eventual, e sim direto.
  • Oblique intent (also known as foresight intent) covers the situation where the consequence is foreseen by the defendant as virtually certain, although it is not desired for its own sake, and the defendant goes ahead with his actions anyway.

    Reference: http://www.proz.com/kudoz/727894
    Reference: http://www.lawteacher.net/Criminal/Principles/Mens%20Rea%20L...
xxxAdrian MM.
Local time: 06:28
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 357
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