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absolutoria recaída

English translation: favorable decision handed down (in this context)

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:absolutoria recaída
English translation:favorable decision handed down (in this context)
Entered by: Michael Powers (PhD)
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01:28 Nov 8, 2007
Spanish to English translations [PRO]
Law/Patents - Law (general) / Honduras
Spanish term or phrase: absolutoria recaída
También se ha informado sobre la absolutoria recaída en sentencia de casación a favor de ABC, dictada por la Corte Supreme de Justicia.
Michael Powers (PhD)
United States
Local time: 14:03
favorable decision handed down (in this context)
Explanation:
In my reading of this text, there is an ellipsis in “la absolutoria” (i.e., it is “la decisión absolutoria”). In this case, and in the absence of additional context that would indicate the contrary, I believe “También se ha informado sobre la absolutoria recaída en sentencia de casación a favor de ABC, dictada por la Corte Suprema de Justicia” might be translated simply as “Also announced was the Supreme Court’s favorable decision with respect to ABC rendered in cassation appeal proceedings.”

About the use of “acquittal” in this context:

This text refers to a “sentencia de casación”, so this is a judgment rendered in appeal proceedings before the Supreme Court, not at the trial (“primera instancia”) level. “Acquittal” is a judgment of “not guilty” usually rendered by a criminal trial court (first instance). An appellate court does not usually “acquit”, but rather hears and decides appeals (whether they be civil, criminal, administrative or labor). For example, in Spain (and I assume in Honduras as well) the Supreme Court is not the court of original jurisdiction (i.e., the court that hears cases in “primera instancia”) for criminal offenses except for those committed by the high government officials, senators, deputies, etc.

Moreover, translating “(decision) absolutoria” here as “acquittal” automatically assumes that these are criminal proceedings, when the term “absolutoria” can likewise be used in the context of civil proceedings. This is underscored by Thomas West in his “Spanish-English Dictionary of Law and Business”:

sentencia absolutoria 1. (in a civil case) judgment for the defendant. 2. (in a criminal case) acquittal; verdict of not guilty.

Of course from the rest of the text you will know whether these are criminal proceedings or not, but I do not believe “acquittal” is properly used in the context of appellate proceedings (except when an appellate court is the court of original jurisdiction in certain cases, as explained above). In the US an appellate court either “affirms” or “reverses” the lower court’s decision, while in England appellate courts “allow” an appeal (“estimar el recurso”) or “dismiss” an appeal (“desestimar el recurso”).

About the use of “sentence” here:

“Sentencia” and “sentence” are “false friends” in legal Spanish/English. “Sentencia” is properly translated as “judgment,” while “sentence” is limited to criminal law contexts, being the punishment imposed by the court after a verdict of guilty has been rendered. Thus “sentence” is properly translated as “condena” or “pena”: He was sentenced to 12 years in prison = Le condenaron a 12 años de carcel.

About the use of “dismissal” here:

As used here I believe that “(decision) absolutoria” does not refer to a dismissal of the case, which in Spain (and perhaps Honduras) is usually called “sobreseimiento” in this context.

With respect to “recaer”:

I agree that “recaer” may be translated in some contexts as “rendered”, “handed down”, “given”, (i.e., “dictado”). But I don’t believe that the use of “recaída” necessarily denotes the idea of “sentencia firme”, i.e., a “final unappealable judgment” or a “judgment that has become final” (although if the Supreme Court of Honduras is the “última instancia” as it is in Spain, judgments rendered in cassation appeal proceedings would by their very nature be final).

Selected response from:

Rebecca Jowers
Spain
Local time: 20:03
Grading comment
Thank you so much, Rebecca. Your argument is extremely convincing; the document deals with criminal, civil and administrative, so this has to be the correct answer. I also want to express my thanks to Thais, Oscar, Cynthia and Kathryn. - Mike :)
4 KudoZ points were awarded for this answer

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Summary of answers provided
5favorable decision handed down (in this context)Rebecca Jowers
4retroactive sentence relief
Thais Maria Lips
4dismissal in a sentence of cassation/overturn/appeal
Óscar Delgado Gosálvez
4the acquital, as stated in the judgement...
Cynthia Herber, LL.M.
3acquittal handed down
Kathryn Litherland


  

Answers


12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
the acquital, as stated in the judgement...


Explanation:
I think that there is a comma missing, because the way I read the text in Spanish, the term ABSOLUTORIA, refers to the ruling of innocence included in the annulment judgement granted in favor of....
The term RECAIDA in this context means substantiated, stated, included.

Hope it helps.

Cynthia Herber, LL.M.
United States
Local time: 13:03
Meets criteria
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 68
Login to enter a peer comment (or grade)

15 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
acquittal handed down


Explanation:
My sense is that in "handed down" is used in English contexts in the same ways that recaída is in Spanish.

Kathryn Litherland
United States
Local time: 14:03
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 103
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14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
dismissal in a sentence of cassation/overturn/appeal


Explanation:
[sentencia]... absolutoria... de casación

--------------------------------------------------
Note added at 20 mins (2007-11-08 01:48:37 GMT)
--------------------------------------------------

'recaída' would seem to me that the sentence is firm, the sentence "recaes", is dictated or "handed down", but in a formal and definitive way

Óscar Delgado Gosálvez
United States
Local time: 14:03
Does not meet criteria
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 62
Login to enter a peer comment (or grade)

22 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
retroactive sentence relief


Explanation:
(check on Google)

Thais Maria Lips
United States
Local time: 14:03
Meets criteria
Specializes in field
Native speaker of: Native in PortuguesePortuguese, Native in EnglishEnglish
PRO pts in category: 44
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9 hrs   confidence: Answerer confidence 5/5
favorable decision handed down (in this context)


Explanation:
In my reading of this text, there is an ellipsis in “la absolutoria” (i.e., it is “la decisión absolutoria”). In this case, and in the absence of additional context that would indicate the contrary, I believe “También se ha informado sobre la absolutoria recaída en sentencia de casación a favor de ABC, dictada por la Corte Suprema de Justicia” might be translated simply as “Also announced was the Supreme Court’s favorable decision with respect to ABC rendered in cassation appeal proceedings.”

About the use of “acquittal” in this context:

This text refers to a “sentencia de casación”, so this is a judgment rendered in appeal proceedings before the Supreme Court, not at the trial (“primera instancia”) level. “Acquittal” is a judgment of “not guilty” usually rendered by a criminal trial court (first instance). An appellate court does not usually “acquit”, but rather hears and decides appeals (whether they be civil, criminal, administrative or labor). For example, in Spain (and I assume in Honduras as well) the Supreme Court is not the court of original jurisdiction (i.e., the court that hears cases in “primera instancia”) for criminal offenses except for those committed by the high government officials, senators, deputies, etc.

Moreover, translating “(decision) absolutoria” here as “acquittal” automatically assumes that these are criminal proceedings, when the term “absolutoria” can likewise be used in the context of civil proceedings. This is underscored by Thomas West in his “Spanish-English Dictionary of Law and Business”:

sentencia absolutoria 1. (in a civil case) judgment for the defendant. 2. (in a criminal case) acquittal; verdict of not guilty.

Of course from the rest of the text you will know whether these are criminal proceedings or not, but I do not believe “acquittal” is properly used in the context of appellate proceedings (except when an appellate court is the court of original jurisdiction in certain cases, as explained above). In the US an appellate court either “affirms” or “reverses” the lower court’s decision, while in England appellate courts “allow” an appeal (“estimar el recurso”) or “dismiss” an appeal (“desestimar el recurso”).

About the use of “sentence” here:

“Sentencia” and “sentence” are “false friends” in legal Spanish/English. “Sentencia” is properly translated as “judgment,” while “sentence” is limited to criminal law contexts, being the punishment imposed by the court after a verdict of guilty has been rendered. Thus “sentence” is properly translated as “condena” or “pena”: He was sentenced to 12 years in prison = Le condenaron a 12 años de carcel.

About the use of “dismissal” here:

As used here I believe that “(decision) absolutoria” does not refer to a dismissal of the case, which in Spain (and perhaps Honduras) is usually called “sobreseimiento” in this context.

With respect to “recaer”:

I agree that “recaer” may be translated in some contexts as “rendered”, “handed down”, “given”, (i.e., “dictado”). But I don’t believe that the use of “recaída” necessarily denotes the idea of “sentencia firme”, i.e., a “final unappealable judgment” or a “judgment that has become final” (although if the Supreme Court of Honduras is the “última instancia” as it is in Spain, judgments rendered in cassation appeal proceedings would by their very nature be final).



Rebecca Jowers
Spain
Local time: 20:03
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2050
Grading comment
Thank you so much, Rebecca. Your argument is extremely convincing; the document deals with criminal, civil and administrative, so this has to be the correct answer. I also want to express my thanks to Thais, Oscar, Cynthia and Kathryn. - Mike :)
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