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tacha de imputado

English translation: accuses XX of being the subject of a criminal investigation

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:tacha de imputado
English translation:accuses XX of being the subject of a criminal investigation
Entered by: Sherry Godfrey
Options:
- Contribute to this entry
- Include in personal glossary

11:38 Feb 19, 2007
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: tacha de imputado
The context is that someone had a compliant lodged against them but in the end it was rejected by the court:

La prensa tacha de imputado a XXXX, cuando no lo es.

I understand "imputado" to be "the accused", but here, I am thinking it may be more like "guilty".
Any ideas/ confirmations?

Thanks in advance!
Sherry Godfrey
Local time: 22:52
accuses XX of being the subject of a criminal investigation
Explanation:
(or) the press accuses XX of being a suspect in a criminal investigation

This is a Spain-specific question and I believe it requires clarifying a few details of Spanish criminal procedure:

In Spanish procedure, the "imputado" has not yet been accused of any wrongdoing and is not yet subject to criminal proceedings. An "imputado" is merely a suspect in the preliminary criminal investigation ("instrucción del sumario") of an investigating magistrate ("juez de instrucción"), and is called before the magistrate to answer questions in the presence of his lawyer. The "imputado" may later be formally accused ("procesado") if the criminal court trial judge ("juez de lo penal") believes the case has merit and issues an indictment ("auto de procesamiento"). But at this stage, the "imputado" is really still a suspect and not an accused, because no formal charges have yet been brought against him.

In other respects, in English the expression "taken to court" generally refers to civil proceedings, rather than criminal prosecution. A private party "takes another party to court", i.e., brings a lawsuit against him, while a criminal suspect is "prosecuted."

--------------------------------------------------
Note added at 8 hrs (2007-02-19 19:42:00 GMT)
--------------------------------------------------

In response to Flavio's observation, my use of "indictment" is in no way intended to suggest that Spanish criminal proceedings mirror crimpro in the United States, and there are certainly no grand juries in Spain. I use the term "indictment" as used in England/Wales (see brief definition below), but of course this is merely a "functional equivalent", since no two judicial systems are alike, and, as most always is the case, it may not be the only appropriate translation.

Indictment :
An indictment is a legal document that formally accuses an individual of committing an indictable offence. The indictment lists the crime that has been committed and the details of the offence. It is read out at the trial before the accused, and can refer to more than one offence.
http://www.bbc.co.uk/crime/law/jargonbuster_i.shtml


--------------------------------------------------
Note added at 8 hrs (2007-02-19 19:59:31 GMT)
--------------------------------------------------

For info:

The grand jury was supplanted in English law by the introduction of examining magistrates. Effectively it ceased to operate in England in 1933, and was completely abolished in 1948 (it still remains important in US criminal procedure).
http://www.kcl.ac.uk/depsta/law/research/coroners/jury.html



--------------------------------------------------
Note added at 8 hrs (2007-02-19 20:27:38 GMT)
--------------------------------------------------

I have reread my explanation and want to make a correction:
It is the "juez de instrucción" (investigating/examining magistrate) who issues the "auto de procesamiento" if he believes that there is enough evidence to prosecute, and the trial judge either confirms or revokes that indictment. And it should be underscored that this refers to ordinary criminal proceedings ("procdimiento ordinario") and not other fast-track criminal proceedings ("procedimiento abreviado", "juicios rápidos", etc. )
Selected response from:

Rebecca Jowers
Spain
Local time: 22:52
Grading comment
Thank you everyone! And thanks Rebecca for your detailed explanation- it really helped!
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +4accuses XX of being the subject of a criminal investigationRebecca Jowers
4 +1accuses XX of being subject to a criminal procedure
Ana Brause
5brands XXXX as defendant
Flavio Posse
4The press branded XXX as the acused, when he is not.Medworks
4implied that he had been charged
David Cahill
4speaks of him openly as "the accused" (if he'd been charged with or accused of)
patricia scott
4suggested/had it that he had been taken to court for
Noni Gilbert
4puts (XXX) into disrepute by blaming (him) for crimes
Tom2004


Discussion entries: 1





  

Answers


2 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
suggested/had it that he had been taken to court for


Explanation:
A couple of options

Noni Gilbert
Spain
Local time: 22:52
Native speaker of: Native in EnglishEnglish
PRO pts in category: 91
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20 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
accuses XX of being subject to a criminal procedure


Explanation:
tachar a alguien de: accuse somebody of being (S/Alcaraz-Hughes)
El problema es que imputado es suspect or accused person, person charged (S/Alcaraz Hughes), para no repetir tomé la definición de Cabanelas de imputado (person subject to a criminal procedure without being formally accused or indicted).
Creo que te puede servir. Saludos =o)

Ana Brause
Local time: 17:52
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 508

Peer comments on this answer (and responses from the answerer)
agree  Mónica Algazi
56 mins
  -> Gracias Mónica, saludos =o)
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27 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
speaks of him openly as "the accused" (if he'd been charged with or accused of)


Explanation:
I'd say.


patricia scott
Spain
Local time: 22:52
Native speaker of: Native in EnglishEnglish
PRO pts in category: 60
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
implied that he had been charged


Explanation:
Another option

David Cahill
Local time: 22:52
Native speaker of: English
PRO pts in category: 22
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
puts (XXX) into disrepute by blaming (him) for crimes


Explanation:
The press puts XXX into disrepute by blaming him for crimes which he did not commit.

Tom2004
Canada
Local time: 16:52
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 313
Login to enter a peer comment (or grade)

6 hrs   confidence: Answerer confidence 5/5
brands XXXX as defendant


Explanation:
It would be something like this:
"the press brands XXXX as defendant, when it wasn't so".

--------------------------------------------------
Note added at 6 hrs (2007-02-19 18:08:10 GMT)
--------------------------------------------------

CORRECTION: ...when it isn't so"

Flavio Posse
United States
Local time: 13:52
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 368
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46 mins   confidence: Answerer confidence 5/5 peer agreement (net): +4
accuses XX of being the subject of a criminal investigation


Explanation:
(or) the press accuses XX of being a suspect in a criminal investigation

This is a Spain-specific question and I believe it requires clarifying a few details of Spanish criminal procedure:

In Spanish procedure, the "imputado" has not yet been accused of any wrongdoing and is not yet subject to criminal proceedings. An "imputado" is merely a suspect in the preliminary criminal investigation ("instrucción del sumario") of an investigating magistrate ("juez de instrucción"), and is called before the magistrate to answer questions in the presence of his lawyer. The "imputado" may later be formally accused ("procesado") if the criminal court trial judge ("juez de lo penal") believes the case has merit and issues an indictment ("auto de procesamiento"). But at this stage, the "imputado" is really still a suspect and not an accused, because no formal charges have yet been brought against him.

In other respects, in English the expression "taken to court" generally refers to civil proceedings, rather than criminal prosecution. A private party "takes another party to court", i.e., brings a lawsuit against him, while a criminal suspect is "prosecuted."

--------------------------------------------------
Note added at 8 hrs (2007-02-19 19:42:00 GMT)
--------------------------------------------------

In response to Flavio's observation, my use of "indictment" is in no way intended to suggest that Spanish criminal proceedings mirror crimpro in the United States, and there are certainly no grand juries in Spain. I use the term "indictment" as used in England/Wales (see brief definition below), but of course this is merely a "functional equivalent", since no two judicial systems are alike, and, as most always is the case, it may not be the only appropriate translation.

Indictment :
An indictment is a legal document that formally accuses an individual of committing an indictable offence. The indictment lists the crime that has been committed and the details of the offence. It is read out at the trial before the accused, and can refer to more than one offence.
http://www.bbc.co.uk/crime/law/jargonbuster_i.shtml


--------------------------------------------------
Note added at 8 hrs (2007-02-19 19:59:31 GMT)
--------------------------------------------------

For info:

The grand jury was supplanted in English law by the introduction of examining magistrates. Effectively it ceased to operate in England in 1933, and was completely abolished in 1948 (it still remains important in US criminal procedure).
http://www.kcl.ac.uk/depsta/law/research/coroners/jury.html



--------------------------------------------------
Note added at 8 hrs (2007-02-19 20:27:38 GMT)
--------------------------------------------------

I have reread my explanation and want to make a correction:
It is the "juez de instrucción" (investigating/examining magistrate) who issues the "auto de procesamiento" if he believes that there is enough evidence to prosecute, and the trial judge either confirms or revokes that indictment. And it should be underscored that this refers to ordinary criminal proceedings ("procdimiento ordinario") and not other fast-track criminal proceedings ("procedimiento abreviado", "juicios rápidos", etc. )

Rebecca Jowers
Spain
Local time: 22:52
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2050
Grading comment
Thank you everyone! And thanks Rebecca for your detailed explanation- it really helped!

Peer comments on this answer (and responses from the answerer)
agree  Angeles Castelo: Completely agree with this explanation, and the translation offered.
1 hr
  -> Thanks Angeles

agree  Andy Watkinson
2 hrs
  -> Gracias Andy

agree  Noni Gilbert: As ever, yes.
4 hrs
  -> Thanks aceavila

agree  Flavio Posse: Your explanation is good, although an indictment is not issued by the trial judge but by a grand jury. The criminal court trial judge would issue an information and remand the defendant.
6 hrs
  -> We are talking about Spain; there is no such thing in Spain as a Grand Jury. I am using "indictment" as it is used in England/Wales because it is a functional equivalent of the "auto de procesamiento" in Spanish criminal proceedings. I will post above.
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12 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
The press branded XXX as the acused, when he is not.


Explanation:
:)

Medworks
United States
Local time: 13:52
Native speaker of: Native in SpanishSpanish, Native in EnglishEnglish
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