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delito imprudente de daños

English translation: reckless criminal damage

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:delito imprudente de daños
English translation:reckless criminal damage
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23:41 Jan 30, 2009
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: delito imprudente de daños
Contexto: En una denuncia por robo para la policía.
Ofrecimiento de acciones en faltas de imprudencia y delito imprudente de daños.

Gracias de antemano.
Eva María Ruiz
Spain
Local time: 17:57
reckless criminal damage
Explanation:
In the Spanish Criminal Code, a crime involving damage to property is called "delito de daños" and corresponds to what in many English-speaking jurisdictions is called "criminal damage". "Delito imprudente de daños" = "reckless criminal damage."

Examples from US and UK legal sources:

The Framework of Criminal Law - Google Books Result
by Leonard Jason-Lloyd - 1997 - Law - 124 pages
Such a person commits reckless criminal damage which is a crime of basic intention. However, if the wall is demolished using the same method but the ...
books.google.com/books?isbn=0714647780...

This is the second update to Criminal Law, 6th edition, 2003
File Format: Microsoft Word - View as HTML
... when it replaced the crime of malicious damage with that of intentional or reckless criminal damage: see further point (a) on p. 127 of Criminal Law. ...
www.booksites.net/download/fsls/student_files/jefferson/upd... -

Reckless criminal damage (contrary to ss1(1) and 1(2) of the Criminal Damage Act 1971). SPECIFIC INTENT CRIMES * Inchoate offences * Murder ...
www.lawteacher.net/Intent SpecificBasic.php

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE ) ) 1 CA-JV ...
I have no hesitation in finding him possessed of the mental state of recklessness and guilty of the offense of reckless criminal damage. ...
caselaw.findlaw.com/data2/arizonastatecases/app1/jv960202.txt

OXFORD
File Format: PDF/Adobe Acrobat - View as HTML
the crime requires intention – thus reckless criminal damage being reckless as to whether. life is endangered is a specific intent crime. ...
www.oup.com/uk/orc/bin/9780406977298/resources/updates/1008... -

BBC NEWS | England | West Midlands | Ex-railway worker guilty of arson
17 Jan 2007 ... But Allan Nicol, 48, from Birmingham, has been cleared of a charge of reckless criminal damage. Nicol previously admitted cutting cables and ...
news.bbc.co.uk/1/hi/england/west_midlands/6271281.stm

In relation to reckless criminal damage, Lord Diplock took a different approach in Metropolitan Police Commissioner v Caldwell [1982] AC 341 and denied the ...
stephenfieldlaw.com/jaxrobbery.html

Criminal Solicitor Dot Net : Easy English Law question
So it seeems likley that both are to blame for reckless criminal damage. Back to Top Printable version, View Kate's Profile Search for other posts by Kate ...
www.criminalsolicitor.net/forum/forum_posts.asp?TID=4267



--------------------------------------------------
Note added at 11 hrs (2009-01-31 11:17:50 GMT)
--------------------------------------------------

To add a comment: I agree with Marcelo that perhaps "imprudente" might be translated as "negligent," but "negligent criminal damage" does not appear as a subdivision of this criminal offense, while "reckless criminal damage" does.

"delito imprudente de daños" has been translated as "reckless criminal damage" previously in a Kudoz question (Catalan to English):

delicte imprudent de danys (Catalan to English translation ...
English translation: reckless criminal damage. Latest questions ... Summary of answers provided. 4 +1, reckless criminal damage ...
www.proz.com/kudoz/catalan_to_english/law_general/2045839-d...


Selected response from:

Rebecca Jowers
Spain
Local time: 17:57
Grading comment
Muchs gracias. Me parece la respuesta más adecuada en este contexto. Un saludo.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +3reckless damage offense (US)/offence (UK)
Alfredo Vargas
5reckless criminal damageRebecca Jowers
4the offense/offence of malicious infliction of harm
Tom2004
4(crime) of negligent loss
Michael Powers (PhD)
4negligent damage
Marcelo González


Discussion entries: 1





  

Answers


1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +3
reckless damage offense (US)/offence (UK)


Explanation:
US Reference:

Damage carries a PENALTY of one year of imprisonment.

Reckless damage carries a penalty of up to five years imprisonment. Intentional damage is a FELONY and carries a penalty of up to five years.
UK reference:
Intent and recklessness
The mens rea of all offences in the Act is direct or oblique intention, or subjective recklessness as defined by the House of Lords in R v. G (2003).[34] Bingham L.J. stated that a person acts "recklessly" with respect to

(i) a circumstance when he is aware of a risk that it exists or will exist; or
(ii) a result when he is aware of a risk that it will occur;
and it is, in the circumstances known to him, unreasonable to take the risk

Aggravated criminal damage
Section 1(2) of the Act creates an offence which includes all the elements of the section 1(1) offence with an additional element of intending or being reckless as to the endangering of life.


Example sentence(s):
  • Reckless damage or destruction occurs when a person is aware of, but consciously disregards, a substantial and unjustifiable risk that damage or destruction

    Reference: http://en.wikipedia.org/wiki/Criminal_damage_in_English_law
    Reference: http://www.oag.state.tx.us/teens/crime/propertycrime.shtml
Alfredo Vargas
United States
Local time: 10:57
Does not meet criteria
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
agree  Jill Ananyi: This sounds good and general enough.
13 mins
  -> Thanks, Jill!

agree  Lydia De Jorge
2 hrs
  -> Gracias, Lydia.

agree  Mónica Sauza
12 hrs
  -> Gracias, Mónica.
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
negligent damage


Explanation:
It's a little less severe than "reckless."

Another option might be "willful..." (which, in the context of driving offenses, often goes with "negligent").

--------------------------------------------------
Note added at 1 hr (2009-01-31 01:23:16 GMT)
--------------------------------------------------

Admittedly, the context of driving violations (in the US) may not be all that relevant. That said, the fines for "careless driving" are often less than those for "reckless driving"; "reckless" usually implies that the person acted despite his or her knowledge of danger (e.g., he knew he was speeding in a school zone when children were being dismissed from class). In cases of "careless driving," the person may not have that knowledge, but it's determined that a "reasonable person" should have known (and acted accordingly).

I hope this helps!

--------------------------------------------------
Note added at 2 hrs (2009-01-31 01:51:19 GMT)
--------------------------------------------------

Resultados 1 - 10 de aproximadamente 10,500 de "negligent damage". (0.27 segundos)
http://www.google.com.mx/search?hl=es&client=firefox-a&rls=o...

Resultados 1 - 10 de aproximadamente 5,580 de "reckless damage". (0.37 segundos)
http://www.google.com.mx/search?hl=es&client=firefox-a&rls=o...

As the two searches above suggest, both terms are quite common, but they may differ slightly. It would be interesting to know something about the different levels of offenses and the terms used in Spanish. I'd imagine the word "temerario" might be used in this context, and (given the definition below) that this word may be equivalent to "reckless."

temerario
1. adj. Excesivamente imprudente arrostrando peligros.
www.rae.es

imprudente.
adj. Que no tiene prudencia

prudencia
1. f. Templanza, cautela, moderación.
2. f. Sensatez, buen juicio.
www.rae.es

temerario = reckless
imprudente = imprudent/careless/negligent (I'd go with the latter in this context)

Marcelo González
North Mariana Isl.
Local time: 01:57
Meets criteria
Native speaker of: Native in EnglishEnglish
PRO pts in category: 182
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
(crime) of negligent loss


Explanation:
Results 1 - 10 of about 1,120 for crime "negligent loss". (0.59 seconds)
Search Results

1.
Negligent Loss of Firearm - The Role of Firearms in Crime in South ...
The negligent loss of a firearm refers to the loss of a firearm through irresponsible action by the licenced owner, and non-compliance with licence ...
www.iss.co.za/Pubs/Monographs/No55/Chap20.html - 5k - Cached - Similar pages -
2.
Loss of Porperty - The Role of Firearms in Crime in South Africa ...
In 46.2% of incidents of the negligent loss of a firearm, victims lost firearms. ... This can be ascribed to the fact that the primary motive of the crime ...
www.iss.co.za/Pubs/Monographs/No55/Chap9.html - 59k - Cached - Similar pages -
More results from www.iss.co.za »
3.
Declarations and Exclusions: Cave Canem* -- Emotional Distress ...
... though there are several cases indicating that merely negligent loss or ... California Punitive Damages - An Exemplary Blog · Crime & Federalism ...
declarationsandexclusions.typepad.com/weblog/2004/12/emcave_canemem_.html - 34k - Cached - Similar pages -
4.
Computer and Intellectual Property Crime: Federal and State Law - Google Books Result
by A. Hugh Scott - 2004 - Law - 1510 pages
2 Recognizing that the intentional gathering or disclosure of such documents and information, or their negligent loss, could threaten the national interests ...
books.google.com/books?isbn=1570182620...
5.
Outlawed: Reckless loss of data - Public Sector - Breaking ...
May 12, 2008 ... She added: "The negligent loss of private information should now be ... "This means that a law to combat crime will make crime easier" ...
www.silicon.com/publicsector/0,3800010403,39216158,00.htm - 74k - Cached - Similar pages -
6.
News - Breaking News: Shock statistics on stolen guns used in crime
These thefts accounted for 18 percent of the charges of negligent loss in the ... was used to commit only one (their emphasis) crime, then 80 728 murders, ...
www.iol.co.za/index.php?sf=3045&set_id=1&click_id=13&art_id... - 75k - Cached - Similar pages -
7.
SAPS on injuries through negligent use of firearms/loss of firearms
... action against the illegal possession and negligent loss of firearms. ... Issued by: SAPS, Office of the Divisional Commissioner, Crime Prevention, ...
www.info.gov.za/speeches/2001/011105246p1004.htm - 10k - Cached - Similar pages -
8. [DOC]
Business Daily from THE HINDU group of publicationsMonday, Sep 08 ...
File Format: Microsoft Word - View as HTML
Whether this was a plain and simple negligent loss of data or a ... especially to appease public opinion that is so sensitive to crime and demands a tougher ...
www.stpp.soft.net/document/news/Handle with care - 8[1].9.2... - Similar pages -
9.
Centre for the Study of Violence and Reconciliation - Crime Trends ...
Antoinette Louw is head of the Crime and Justice Programme (CJP) at the .... The negligent loss of a firearm increased by 31.8% between 1996 and 1998. ...
www.csvr.org.za/index.php?option=com_content&task=view&id=5... - 35k - Cached - Similar pages -
10.

Mike :)
01 May 2001: Monograph No 55: The Role of Firearms in Crime in ...
FIREARM-RELATED CRIME IN SOUTH AFRICA ... THE INVOLVEMENT OF VICTIMS AND OFFENDERS IN CRIME ... NEGLIGENT LOSS OF A FIREARM ...
www.issafrica.org/static/templates/tmpl_html.php?node_id=39... - 15k - Cached - Similar pages -

Michael Powers (PhD)
United States
Local time: 11:57
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2030
Login to enter a peer comment (or grade)

11 hrs   confidence: Answerer confidence 5/5
reckless criminal damage


Explanation:
In the Spanish Criminal Code, a crime involving damage to property is called "delito de daños" and corresponds to what in many English-speaking jurisdictions is called "criminal damage". "Delito imprudente de daños" = "reckless criminal damage."

Examples from US and UK legal sources:

The Framework of Criminal Law - Google Books Result
by Leonard Jason-Lloyd - 1997 - Law - 124 pages
Such a person commits reckless criminal damage which is a crime of basic intention. However, if the wall is demolished using the same method but the ...
books.google.com/books?isbn=0714647780...

This is the second update to Criminal Law, 6th edition, 2003
File Format: Microsoft Word - View as HTML
... when it replaced the crime of malicious damage with that of intentional or reckless criminal damage: see further point (a) on p. 127 of Criminal Law. ...
www.booksites.net/download/fsls/student_files/jefferson/upd... -

Reckless criminal damage (contrary to ss1(1) and 1(2) of the Criminal Damage Act 1971). SPECIFIC INTENT CRIMES * Inchoate offences * Murder ...
www.lawteacher.net/Intent SpecificBasic.php

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE ) ) 1 CA-JV ...
I have no hesitation in finding him possessed of the mental state of recklessness and guilty of the offense of reckless criminal damage. ...
caselaw.findlaw.com/data2/arizonastatecases/app1/jv960202.txt

OXFORD
File Format: PDF/Adobe Acrobat - View as HTML
the crime requires intention – thus reckless criminal damage being reckless as to whether. life is endangered is a specific intent crime. ...
www.oup.com/uk/orc/bin/9780406977298/resources/updates/1008... -

BBC NEWS | England | West Midlands | Ex-railway worker guilty of arson
17 Jan 2007 ... But Allan Nicol, 48, from Birmingham, has been cleared of a charge of reckless criminal damage. Nicol previously admitted cutting cables and ...
news.bbc.co.uk/1/hi/england/west_midlands/6271281.stm

In relation to reckless criminal damage, Lord Diplock took a different approach in Metropolitan Police Commissioner v Caldwell [1982] AC 341 and denied the ...
stephenfieldlaw.com/jaxrobbery.html

Criminal Solicitor Dot Net : Easy English Law question
So it seeems likley that both are to blame for reckless criminal damage. Back to Top Printable version, View Kate's Profile Search for other posts by Kate ...
www.criminalsolicitor.net/forum/forum_posts.asp?TID=4267



--------------------------------------------------
Note added at 11 hrs (2009-01-31 11:17:50 GMT)
--------------------------------------------------

To add a comment: I agree with Marcelo that perhaps "imprudente" might be translated as "negligent," but "negligent criminal damage" does not appear as a subdivision of this criminal offense, while "reckless criminal damage" does.

"delito imprudente de daños" has been translated as "reckless criminal damage" previously in a Kudoz question (Catalan to English):

delicte imprudent de danys (Catalan to English translation ...
English translation: reckless criminal damage. Latest questions ... Summary of answers provided. 4 +1, reckless criminal damage ...
www.proz.com/kudoz/catalan_to_english/law_general/2045839-d...




Rebecca Jowers
Spain
Local time: 17:57
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2050
Grading comment
Muchs gracias. Me parece la respuesta más adecuada en este contexto. Un saludo.
Login to enter a peer comment (or grade)

14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
the offense/offence of malicious infliction of harm


Explanation:
how I see it!

Tom2004
Canada
Local time: 11:57
Does not meet criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 313
Login to enter a peer comment (or grade)




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