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Unidad de Coordinación Legalizaciones

Glossary entry

Spanish term or phrase:

responsabilidad inexistente

English translation:

absence of criminal liability

Added to glossary by dmesnier
Sep 8, 2020 17:51
3 yrs ago
36 viewers *
Spanish term

responsabilidad inexistente

Spanish to English Law/Patents Law (general) Court record
Hi, I'm wondering if there's a better alternative to translate this rather than literally "non-existent liability" in view of the surrounding context which appears as follows:



Que su defendido no es autor de tales hechos, no existiendo circunstancias modificativas de una responsabilidad inexistente, no procediendo imponer pena alguna, procediendo por tanto la libre absolución de su patrocinado con todos los pronunciamientos que tal declaración lleva inherentes.

Thanks for your help!
Proposed translations (English)
4 +7 absence of criminal liability
4 -1 lack of criminal responsibility
3 -2 non-existent reponsibility

Discussion

Toni Castano Sep 9, 2020:
Convinced? Convinded of what, Reuben? That the criminal is a grown-up? That the criminal might perhaps not be a minor? In either case, this is something we still don´t know, so I don´t understand what made you change your mind.
Convinced of anything else? Then that “anything else” is something I can´t grasp. Look: If you had posted from the beginning an alternative to my answer just stating that you include “responsibility” instead of “liability” due to the fact that the criminal person could be a minor, I would never have said anything against that, never. The real problem here, what worries me about your participation in this KudoZ, is that I´m not at all “convinced” (using your term) that you understood the matter that way at the beginning.
This being said, I´m still not sure that the key distinction between “criminal liability” and “criminal responsibility” due to the age factor is applicable in all Common Law jurisdictions. It´s beyond my knowledge and, after all, it´s a different debate. Good day to you.
Reuben Wright Sep 8, 2020:
@ Toni I apologize for misspelling your name the first time (I noticed but didn't want to have to delete my answer and resubmit). Perhaps we got off on the wrong foot. Your answer is good, I just feel there is an important distinction between the terms "responsibility" and "liability" and this exists within the criminal court, as well as the civil court. You seem to agree that, albeit unlikely, given the limited context, we cannot entirely exclude the possibility of a defence of "being responsible but not liable" on the basis of age, and it can be used in DV cases, not only for being underage, but for intoxication. So, it IS relevant. https://www.rodenasabogados.com/circunstancias-modificativas...

Discussing why it might be important to question the use of a term is not "shedding doubt"; that's what the comments section is for. As long as the discussion remains constructive. I don't think "disqualifying my attitude" refutes a healthy questioning of your answer. I meant my questioning in a respectful way, you have many years of translating experience and I respect that. Let's agree to respect one another's professional opinions and not disqualify anyone
Toni Castano Sep 8, 2020:
To clarify things a bit for those still in doubt Reuben, this is what you wrote:
"Creo que la idea de Tony ("Toni" is my correct name) para "absence of" es buena, solo que hay que distinguir entre la responsibilidad penal = criminal responsibility, legal responsibility [yes, you call "responsabilidad penal" just "legal responsibility] y la responsabilidad civil/legal = liability. La primera se usa en el codigo penal, la segunda se usa en el litigios para decidir quien tiene la responsabilidad legal de la reparación de los daños (materiales, corporales u otros).

So you were speaking of "civil liability" in a clear criminal matter, and where I wrote "criminal liability" from the beginning. Uf...
The only legitimate and relevant doubt concerns the age of the criminal person, in which case, if a minor, "criminal responsibility" might be applicable, but we don´t know how old that person is. We simply don´t know. And for this reason, to shed doubts on my answer disqualify your attitude. We are here to help, do NOT forget it.
Reuben Wright Sep 8, 2020:
responsible = the person is culpable of committing the act
liable = the person is culpable and should be held to account for their actions (criminal punishment, fines, damages in a civil suit, which in the US is separate)

Essentially, liability is a question of whether someone should be held responsible, in law, for an action or inaction which caused injury, loss, or damage. Legal responsibility is a distinct concept and may not always align with one’s sense of moral responsibility or perception of factual responsibility. Liability in tort law is also distinct from findings of guilt or culpability in criminal matters, and the two should not be confused.

https://www.moustarah.com/what-is-tort-law-part-2-liability/...

So "liability" and "responsibility" (culpability) are not necessarily synonyms.

I won't comment anymore as I think the point is clear for those who might want to take it into account.
Lester Tattersall Sep 8, 2020:
Well, we've been told (I think) that this is a DV case, in which case it's unlikely that the accused is underage, or mentally handicapped. Could be though...
As for the other point, I believe, like Reuben, that the judge is summing up, or giving his reasoning. To do that, he recaps what the defense has said. We don't know yet if he will acquit or not.
Toni Castano Sep 8, 2020:
@Reuben You yourself admit now not to be sure of what you stated before with such a degree of certainty (solo que hay que distinguir entre la responsibilidad penal = criminal responsibility, legal responsibility y la responsabilidad civil/legal = liability).
Well my point is clear, it´s up to you to make up your mind.
Reuben Wright Sep 8, 2020:
@ Toni, yes, and later in your link there is this distinction:

Responsible but not liable—incapacity to form criminal intent
Criminal liability law also recognizes situations in which the person who personally, directly engaged in the criminal act should not be held liable for the crime. Essentially, even though certain people committed a criminal act, they should not be held to account for it. The most obvious example is that of a person who is not guilty of a crime by reason of mental incapacity. Another group exempted from certain criminal liability is minors. The rationale for exempting such individuals from liability is that these people are unable to form the type of intent required to make it fair to hold them to account for the crime.

Without more context, I am not sure we can be absolutely sure the speaker is not referring to this type of circumstance giving rise to a plea of incapacity to form intent or the defendant being a minor.

in which case they would be "responsible" but NOT LIABLE. Your link.
Toni Castano Sep 8, 2020:
Criminal liability "versus" responsibility It may be worth taking a look at this link, just to post one example among hundreds of thousands:
https://www.criminaldefenselawyer.com/resources/criminal-lia...
Criminal Liability
A person is liable, or responsible, for a crime when he or she has acted with criminal intent, as opposed to acting accidentally or lacking the ability to act deliberately.
Lester Tattersall Sep 8, 2020:
I think, Reuben, that the 'responsibility' thing refers more to people who are under age, or backward etc. But I'm not sure, haven't checked. I think in the UK they'd perhaps not use these terms much anyway and would tend to say culpability.
Reuben Wright Sep 8, 2020:
You're right, Lester, as you suggested I too believe the speaker is repeating/reporting what the defendant's lawyer was saying in the third person.
I still do think there is an important distinction to be made between "criminal responsibility" and "criminal liability" in the Englsh-speaking legal systems.
https://www.sciencedirect.com/topics/computer-science/crimin...
Toni Castano Sep 8, 2020:
@Lester Good point, you might be right. But when I read "que su defendido" (= el defendido del abogado, la persona acusada del delito), this seems to me to be the judge´s standpoint (i.e. their verdict). If your reading were the correct one, this should then read "que mi defendido bla bla bla", or am I missing here something???
Lester Tattersall Sep 8, 2020:
I believe that here the judge is not acquitting the defendant. He is simply repeating/reporting what the defense lawyer has alleged: "That his client is not the author of...etc".
And the 'circunstancias modificativas' are mitigating or aggravating circumstances; 'no existiendo circunstancias modificativas de una responsabilidad inexistente' would be "there can be no aggravating circumstances where there is an absence of culpability/absence of criminal liability"
dmesnier (asker) Sep 8, 2020:
Yes it is a criminal case involving domestic abuse
Toni Castano Sep 8, 2020:
@dmesnier Is this a criminal case? I suppose so when I read "no procediendo imponer pena alguna". Please confirm.

Proposed translations

+7
38 mins
Selected

absence of criminal liability

If I have understood you well, what you are looking for is a “technical term”, a legalese expression that renders the Spanish into English in a very technical way.

If this is what you call “a better alternative”, you can go with “criminal liability” (“absence of” in this case since the defendant did not commit the crimes, according to the judge´s verdict, i.e. acquittal), which is a technical expression that fits your context and replaces perfectly well the absolutely non-technical phrase “responsabilidad inexistente”.

My suggestion is actually quite close to yours (“non-existent liability), but it subtitutes the “non-existent” part by “absence of”, which delivers a more technical rendering.

Source:
Que su defendido no es autor de tales hechos, no existiendo circunstancias modificativas de una responsabilidad inexistente, (…)

Possible translation:
That your defendant is not the author of such actions (= crimes) and there are not any circumstances that might alter the absence of criminal liability (…)

https://federalcriminallawcenter.com/2015/01/criminal-liabil...
WHAT IS CRIMINAL LIABILITY?
Posted on January 17, 2015 by (XXX)
We hear the term “criminal liability” a lot in the context of criminal law, but what does it actually mean?
WHAT DOES CRIMINAL LIABILITY MEAN?
In simplest terms, when you are “criminally liable,” it means you may be held legally responsible for breaking the law. This can be potential or actual responsibility—meaning that you actually committed the crime, or that you are simply suspected of committing it. If the liability is proven in court, you will be held responsible for the crime and sentenced accordingly.
In cases of criminal liability, the government believes you may have committed a criminal act, and the government prosecutes the case in court.
Peer comment(s):
agree Lester Tattersall : Yes, but (see Discussion Entry)
57 mins
Thank you Lester, I did and you might be right, I don´t say the contrary, but I have my doubts. I think dmesnier must have the solution.
agree Adrian MM. : on Lester T's analysis, this is not an acquittal, but entry of a nolle prosequi (shortened to a verb in the USA: to nolle prosequi the case). The charges still 'lie on file'.
1 hr
Thank you for your insight, Adrian. I just wish I had the full context to be certain. I´m sure dmesnier can clear all our (or "my") doubts.
agree Reuben Wright : Convinced
4 hrs
Please read my reply in the discussion area.
agree AllegroTrans
5 hrs
Thanks Allegro.
agree Yvonne Gallagher
7 hrs
Thanks Yvonne.
agree neilmac
12 hrs
Thanks Neil.
agree Antonella Perazzoni
1 day 20 hrs
Thanks, Antonella.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you for your help!"
-1
1 hr

lack of criminal responsibility

Creo que la idea de Tony para "absence of" es buena, solo que hay que distinguir entre la

responsibilidad penal = criminal responsibility, legal responsibility
y
la responsabilidad civil/legal = liability

La primera se usa en el codigo penal, la segunda se usa en el litigios para decidir quien tiene la responsabilidad legal de la reparación de los daños (materiales, corporales u otros).

https://derechouned.com/libro/obligaciones/31-responsabilida...
https://es.wikipedia.org/wiki/Responsabilidad_civil#:~:text=...

Aquí está diciendo que no hubiera circonstancias que indiciaría que a la persona le faltara la capacidad mental o la capacidad de tomar decisiones por el motivo de su edad.

https://journals.sagepub.com/doi/10.1350/jcla.2011.75.4.717

The term "circunstancias modificativas" also gives an indication:

https://www.proz.com/kudoz/spanish-to-english/law-general/30...

https://www.proz.com/kudoz/spanish-to-english/law-general/30...

In English I would think the closest rendering would be "in the absence of any aggravating or mitigating circumstances of a lack of criminal responsibility..."


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Note added at 3 hrs (2020-09-08 21:28:51 GMT)
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https://www.iberley.es/temas/circunstancias-modificativas-re...

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Note added at 3 hrs (2020-09-08 21:34:00 GMT)
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https://www.rodenasabogados.com/circunstancias-modificativas...
Peer comment(s):
disagree Toni Castano : I seldom post disagrees in this forum, only under "certain" circumstances, and this is one of them: Your answer is just confusing. "Criminal liability" is just fine, what you say in your post is fully wrong. // Have you read the context available???
44 mins
Because in certain legal systems such as Tort law there is an important distinction: https://www.moustarah.com/what-is-tort-law-part-2-liability/...
Something went wrong...
-2
5 hrs

non-existent reponsibility

I suggest a simple equivalent which remains parallel to the original text. The example sentence tells that a statement is inherent to such a declaration.

--------------------------------------------------
Note added at 22 hrs (2020-09-09 16:39:03 GMT)
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https://www.monografias.com/trabajos96/sobre-responsabilidad...
"Responsabilidad significa responder por las propias acciones, hacerse cargo de todo lo que se elige hacer, y de las obligaciones que corresponden a los roles que desempeñan en una sociedad."
"Debe existir una norma desde la que se puedan juzgar los hechos realizados. La responsabilidad implica rendir cuentas de los propios actos ante alguien que ha regulado un comportamiento."
Supongo que la 'responsabilidad inexistente' se trata de algo, como un cargo, que realmente no lleva reponsabilidades para alguien en un momento específico.

"Responsibility is the state, fact or quality of being responsible; an instance of being responsible. Responsibility is a particular burden of obligation upon one who is responsible. Responsibility is the obligation to carry forward an assigned task to a successful conclusion. With responsibility is the authority to direct and take the necessary action to ensure success. Responsibility is also the obligation for proper custody, care of property or funds entrusted to the possession or supervision by an individual."
When something is nonexistent it's "not present under specified conditions or in a specified place".

"Sense is a meaning conveyed, judgement, consensus, intellectual interpretation."

From an example sentence which can be found, it can be understood that 'amending or modifying circumstances' are 'circumstances (occurrences or conditions which accompany or influence a person or event) and which may make small changes or improvements. If the circumstances are 'non-existing' (nonexistent) then they don't really need to be considered (with importance). Similarly, a non-existent responsibility is not really found to be a burden or duty attached to anything important. In other words the person concerned is considered to be without responsibility at the relevant time and place.
The word 'sponsor' refers to a person who promises something such as a donation to a charity. A 'sponsor' may also be a 'patron'.

--------------------------------------------------
Note added at 2 days 5 hrs (2020-09-10 22:53:10 GMT)
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www.plainenglish.co.uk
(74-82)
"Surety:Someone who takes responsibility for someone else's debts or promises, and guarantees that they will be paid or undertaken (done)."

www.copfs.gov.uk
"Acquittal is a verdict of a jury or a decision of a judge that an accused is not guilty or a case is not proven."

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Note added at 2 days 6 hrs (2020-09-11 00:42:03 GMT) Post-grading
--------------------------------------------------

'... no es autor de tales hechos ...'

--------------------------------------------------
Note added at 4 days (2020-09-13 01:19:21 GMT) Post-grading
--------------------------------------------------

'Absolución' es del verbo 'absolver'. Se trata de una declara jurídica o un juzgamento jurídico en que no hay evidencia de ninguna culpa o de ningún reproche.

--------------------------------------------------
Note added at 4 days (2020-09-13 02:27:12 GMT) Post-grading
--------------------------------------------------

'Surety' is a person who takes responsibility, or a thing given as a guarantee for the fulfillment of another's obligation (during the absence of another who may temporarily pass attorney).
'Fianza o caución se trata del proceso de ser fiador (fiadora) o garante de alguien, lo cual es por parte de la otra persona que es ausente en un momento cuando algo legal debe tener lugar (temporalmente), y así se pasa la responsabilidad al corto plazo con una fianza legal.'
Example sentence:

Su defendido no es autor de tales hachos, no existiendo circunstancias modificativas de una responsabilidad inexistente, no procediendo por tanto la libre absolución de su patrocinado con todos los pronunciamientos que tal declaración lleva inherentes.

The defendant has not commited such deeds, non-existing amending or modifying circumstances from a non-existent responsibility, not proceeding to impose any penalty, proceeding, therefore, to the free absolution (acquittal) by his or her sponsor ..

Peer comment(s):
disagree AllegroTrans : Reponsibility is a false friend Lisa, this is a legal expression and you really need to realise that word-by-word translation seldom works. Your "translation" of the paragraph makes no sense whatever.
1 hr
disagree Yvonne Gallagher : "non-existing amending or modifying circumstances from a non-existent responsibility, [...]sponsor" is nonsense. Word for word seldom works
3 hrs
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