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tipo penal abierto

English translation: vague/open (as opposed to narrowly constructed) criminal statutes

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:tipo penal abierto
English translation:vague/open (as opposed to narrowly constructed) criminal statutes
Entered by: xxxjacana54
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01:31 Apr 9, 2008
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: tipo penal abierto
Es un documento de Argentina.
El contexto: ¨Por último, la ley establece que la descripción de la conducta sea establecida por la normativa contravencional de cada municipio, generando tipo penales abiertos que resultan manifiestamente violatorios del principio de legalidad¨
Mi intento (favor de corregir todo lo que quieran)
Lastly, the law states that illegal conduct should be defined by the misdemeanour regulations of each municipality, creating tipo penales abiertos that manifestly violate legal principles.
Gracias!
Anna Bekerman
Local time: 16:35
vague/open (as opposed to narrowly constructed) criminal statutes
Explanation:
Some suggestions: I am sure about the concept but not about how it is expressed in English.

It refers to the violation of the principle of legality:

open construction of criminal statutes
vague criminal statutes
http://www.springerlink.com/content/mr825156l6868116/

"Laws passed by Congress or a state must define crimes with certainty. A citizen and the courts must have a clear understanding of a criminal law's requirements and prohibitions. The elements of a criminal law must be stated explicitly, and the statute must embody some reasonably discoverable standards of guilt. If the language of a statute does not plainly show what the legislature intended to prohibit and punish, the statute may be declared void for vagueness." (thefreedictionary: criminal law)



--------------------------------------------------
Note added at 23 hrs (2008-04-10 01:05:21 GMT)
--------------------------------------------------

http://law.jrank.org/pages/777/Crime-Definition-positivistic...
"First, the doctrine of vagueness requires that criminal statutes define the prohibited conduct with sufficient specificity to place potential defendants on notice of their vulnerability to criminal prosecution. This doctrine has most notably been applied to loitering ordinances, many of which are thought to leave too much discretion to police officers to arrest individuals on grounds of physical appearance or demeanor. In many cases, the objection to such statutes would not be eliminated by more precise drafting. As the Court made clear in a recent case involving a Chicago loitering ordinance, sometimes a statute cuts too deeply into the ordinary activities of everyday life, with too little justification, to be constitutionally acceptable (City of Chicago v. Morales).
A second, related doctrine is that of overbreadth, which forbids a legislature from drafting criminal statutes in a way that risks prosecution and conviction for ordinary, noncriminal behavior. The Court will strike down criminal statutes on overbreadth grounds mostly where the prohibition risks infringing freedom of speech and expression (R.A.V. v. City of St. Paul).
A third doctrine is also articulated under the heading of "due process," namely the doctrine of legality. Criminal statutes must provide clear notice of a citizen's potential subjection to criminal punishment in order to afford ordinary citizens a fair opportunity to conform their behavior to the law. For example, punishment must not be retroactive, and it must be certain and definite. Finally, the Eighth Amendment ban on "cruel and unusual punishment" has been interpreted as containing a doctrine of proportionality that serves to restrict the punishment selected for a given offense (Solem v. Helm; see Harmelin v. Michigan). While this doctrine retains its force mostly in the death penalty area, it has served in the past to ensure that the sanction authorized for a given offense is roughly on a part with the sanction for the same offense in other jurisdictions, and that it is appropriate given the sanction authorized for other offenses in the same jurisdiction."



--------------------------------------------------
Note added at 1 day11 hrs (2008-04-10 12:44:18 GMT)
--------------------------------------------------

" Lastly, the law states that illegal conduct should be defined by the misdemeanour regulations of each municipality, creating VAGUE DEFINITIONS OF THE CRIMINAL BEHAVIOURS that manifestly violate legal principles."
Selected response from:

xxxjacana54
Uruguay
Grading comment
Thanks for providing so much useful background information--this has been a big help.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2kind of open or low security prisons
Maria Ramon
4 +1kind of open prison
Marianela Melleda
4criminal conduct/offense not specified by law
Nelida Kreer
3vague/open (as opposed to narrowly constructed) criminal statutesxxxjacana54


Discussion entries: 4





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
kind of open prison


Explanation:
Examples:

Open prisons have limited physical security and if prisoners abscond—the word used by the Prison Service to describe an escape from an open prison—they are ...
books.google.cl/books?isbn=1872870376...

Prison Walkthrough (text version) - Questions- [ Traduzca esta página ]Closed is for prisoners who are not trusted in an open prison. Open is for those who can be trusted to stay in an open prison. Un-convicted adult female ...
www.cjsonline.gov.uk/offender/walkthrough/questions/index.h... - 21k - En caché - Páginas similares



Marianela Melleda
Chile
Local time: 18:35
Native speaker of: Native in SpanishSpanish
PRO pts in category: 18

Peer comments on this answer (and responses from the answerer)
agree  xxxJPW
6 hrs
  -> Gracias, John Paul
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
kind of open or low security prisons


Explanation:
when defendants have been convicted for non-violent misdemeanors they may be sent to open or low security prisons

Maria Ramon
United States
Local time: 16:35
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in DutchDutch
PRO pts in category: 27

Peer comments on this answer (and responses from the answerer)
agree  Gracie
2 hrs
  -> Gracias!

agree  AllegroTrans: type or category of open prison would sound more formal
9 hrs
  -> Gracias
Login to enter a peer comment (or grade)

23 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
criminal conduct/offense not specified by law


Explanation:
I would suggest this translation. Lucia Colombino's comments are right on target. In our system of justice, by "our" I mean all democratic regimes, criminal offenses must be strictly specified by law, otherwise the judge/courts slide into totalitarian rule and due process of law is nonexistent.

Nelida Kreer
Uruguay
Local time: 18:35
Specializes in field
Native speaker of: Spanish
PRO pts in category: 619
Notes to answerer
Asker: Thanks very much for your help--I´ve given the points to Lucia for providing so much additional information, but I do appreciate your advice.

Login to enter a peer comment (or grade)

23 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
vague/open (as opposed to narrowly constructed) criminal statutes


Explanation:
Some suggestions: I am sure about the concept but not about how it is expressed in English.

It refers to the violation of the principle of legality:

open construction of criminal statutes
vague criminal statutes
http://www.springerlink.com/content/mr825156l6868116/

"Laws passed by Congress or a state must define crimes with certainty. A citizen and the courts must have a clear understanding of a criminal law's requirements and prohibitions. The elements of a criminal law must be stated explicitly, and the statute must embody some reasonably discoverable standards of guilt. If the language of a statute does not plainly show what the legislature intended to prohibit and punish, the statute may be declared void for vagueness." (thefreedictionary: criminal law)



--------------------------------------------------
Note added at 23 hrs (2008-04-10 01:05:21 GMT)
--------------------------------------------------

http://law.jrank.org/pages/777/Crime-Definition-positivistic...
"First, the doctrine of vagueness requires that criminal statutes define the prohibited conduct with sufficient specificity to place potential defendants on notice of their vulnerability to criminal prosecution. This doctrine has most notably been applied to loitering ordinances, many of which are thought to leave too much discretion to police officers to arrest individuals on grounds of physical appearance or demeanor. In many cases, the objection to such statutes would not be eliminated by more precise drafting. As the Court made clear in a recent case involving a Chicago loitering ordinance, sometimes a statute cuts too deeply into the ordinary activities of everyday life, with too little justification, to be constitutionally acceptable (City of Chicago v. Morales).
A second, related doctrine is that of overbreadth, which forbids a legislature from drafting criminal statutes in a way that risks prosecution and conviction for ordinary, noncriminal behavior. The Court will strike down criminal statutes on overbreadth grounds mostly where the prohibition risks infringing freedom of speech and expression (R.A.V. v. City of St. Paul).
A third doctrine is also articulated under the heading of "due process," namely the doctrine of legality. Criminal statutes must provide clear notice of a citizen's potential subjection to criminal punishment in order to afford ordinary citizens a fair opportunity to conform their behavior to the law. For example, punishment must not be retroactive, and it must be certain and definite. Finally, the Eighth Amendment ban on "cruel and unusual punishment" has been interpreted as containing a doctrine of proportionality that serves to restrict the punishment selected for a given offense (Solem v. Helm; see Harmelin v. Michigan). While this doctrine retains its force mostly in the death penalty area, it has served in the past to ensure that the sanction authorized for a given offense is roughly on a part with the sanction for the same offense in other jurisdictions, and that it is appropriate given the sanction authorized for other offenses in the same jurisdiction."



--------------------------------------------------
Note added at 1 day11 hrs (2008-04-10 12:44:18 GMT)
--------------------------------------------------

" Lastly, the law states that illegal conduct should be defined by the misdemeanour regulations of each municipality, creating VAGUE DEFINITIONS OF THE CRIMINAL BEHAVIOURS that manifestly violate legal principles."


xxxjacana54
Uruguay
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 108
Grading comment
Thanks for providing so much useful background information--this has been a big help.
Login to enter a peer comment (or grade)




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Changes made by editors
Apr 10, 2008 - Changes made by xxxjacana54:
Created KOG entryKudoZ term » KOG term


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