23:56 Nov 28, 2018 |
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Spanish to English translations [PRO] Law/Patents - Law (general) | |||||||
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Summary of answers provided | ||||
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4 | order issued/order made |
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4 | order to prosecute issued |
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Discussion entries: 1 | |
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order issued/order made Explanation: Sug. |
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order to prosecute issued Explanation: Auto de procesamiento: La resolución judicial por la cual se declara procesado al presunto culpable de un delito, teniendo en cuenta los indicios racionales de criminalidad contra él. [Manuel Ossorio, Diccionario de Ciencias Jurídicas, Políticas y Sociales, 30ª edición, Editorial Heiliasta, Buenos Aires, 2004] In his Spanish-English Dictionary of Law and Business, Thomas West translate “auto de procesamiento” as “order to prosecute”. -------- The first time that the Court included an order to prosecute in the operative part of its reparations decision was in El Amparo v. Venezuela, Reparations & Costs, Inter-Am. Ct. H.R. (ser. C) No. 28, para. 64(4), (5) (Sept. 14,1996). (https://www.cambridge.org/core/journals/american-journal-of-... --------------- 25. The fact that there has been a change of officers since the offence was committed will no doubt ordinarily indicate that the conditions requisite for an order to prosecute did not obtain; but I do not desire to be understood as laying down a universal rule that in no case can the order for a prosecution be made by an officer other than that before whom the offence was committed. (https://indiankanoon.org/doc/1201690/) -------- A retributivist may claim that dismissal is unjust for a given crime if (1) a moral principle or (2) the prosecutor's own enforcement policies condemn the lenience awarded to the other race. In other words, if the appropriate standard-set by independent moral principle or general prosecutorial policy-demands the level of enforcement the defendant received, then any leniency is wrong and dismissal would compound the wrong. In these two cases, the only legitimate sanction is an order to prosecute the members of the other race as strictly as the defendant is prosecuted. (…) The only appropriate remedy for selective prosecution is an order to prosecute the remaining offenders. (https://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?arti... ---------- |
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