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presunción en su contra

English translation: and that such refusal should not be held against you

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14:38 Feb 14, 2006
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: presunción en su contra
Es un exhorto de un trib oral en lo criminal y aclara las etapas del proceso.
El juez debe hacerle saber que tiene el derecho de negarse a declarar **sin que ello implique presunción en su contra**

Muchas gracias
MEdith
Argentina
Local time: 06:45
English translation:and that such refusal should not be held against you
Explanation:
Or: "against him"; "against her".

Suerte.

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Note added at 2 days22 hrs (2006-02-17 13:28:49 GMT)
--------------------------------------------------

From Alcaraz Varo & Hughes, Diccionario de terminos juridicos:

presuncion:
presumption, suspicion

allegation:
denuncia, alegacion, aseveracion, manifestacion, alegato, razon, excusa, disculpa, etc.

From these definitions it may be seen that *presuncion*, in Spanish, and *allegation*, in English, refer to two different things. Specifically, a *presuncion* refers to a *mental attitude* whereas an *allegation* refers to a charge of misconduct that is *verbally expressed*.

This comes from a legal dictionary that is widely considered an authoritative reference. If *presuncion* is actually used to mean *allegation*, I would be interested in seeing references where it is clearly used in this way, and in reference sources that authorize such a usage.
Selected response from:

Robert Forstag
United States
Local time: 05:45
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer

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Summary of answers provided
3 +2and that such refusal should not be held against youRobert Forstag
5allegations against you
JoseAlejandro
4 +1it being held against you/him
Denise DeVries


  

Answers


9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
presunción en su contra
it being held against you/him


Explanation:
I've heard this a lot in court while interpreting.


    Reference: http://en.wikipedia.org/wiki/Miranda_warning
Denise DeVries
United States
Local time: 02:45
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 20

Peer comments on this answer (and responses from the answerer)
agree  Ana Brassara
58 mins
Login to enter a peer comment (or grade)

11 hrs   confidence: Answerer confidence 5/5
presunción en su contra
allegations against you


Explanation:
this is it!

Soy intérprete judicial en California.

JoseAlejandro
United States
Local time: 02:45
Native speaker of: Native in EnglishEnglish
PRO pts in category: 40

Peer comments on this answer (and responses from the answerer)
agree  Flavio Posse: no question about it !
3 hrs
  -> thanks, man!!

disagree  Robert Forstag: An "allegation" is not the same thing as a "suspicion" or a "presumption". Look up the words and you'll see. I simply stated a disagreement and backed it up. You, however, have resorted to personal insult, thus violating Kudoz rules.
1 day20 hrs
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6 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
presunción en su contra
and that such refusal should not be held against you


Explanation:
Or: "against him"; "against her".

Suerte.

--------------------------------------------------
Note added at 2 days22 hrs (2006-02-17 13:28:49 GMT)
--------------------------------------------------

From Alcaraz Varo & Hughes, Diccionario de terminos juridicos:

presuncion:
presumption, suspicion

allegation:
denuncia, alegacion, aseveracion, manifestacion, alegato, razon, excusa, disculpa, etc.

From these definitions it may be seen that *presuncion*, in Spanish, and *allegation*, in English, refer to two different things. Specifically, a *presuncion* refers to a *mental attitude* whereas an *allegation* refers to a charge of misconduct that is *verbally expressed*.

This comes from a legal dictionary that is widely considered an authoritative reference. If *presuncion* is actually used to mean *allegation*, I would be interested in seeing references where it is clearly used in this way, and in reference sources that authorize such a usage.

Robert Forstag
United States
Local time: 05:45
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 738
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Denise DeVries: yes, we answered at the same time
4 mins
  -> Thank you, Denise. :)

agree  Henry Hinds
43 mins
  -> Thank you, Henry.
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Changes made by editors
Feb 14, 2006 - Changes made by hecdan:
Language pairEnglish to Spanish » Spanish to English


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