Glossary entry

French term or phrase:

tribunal correctionnel

English translation:

Criminal Division (of the TGI/High Court)

Added to glossary by Fiona McBrearty
Jan 6, 2010 13:14
15 yrs ago
30 viewers *
French term

tribunal correctionnel

French to English Law/Patents Law (general)
I am translating a summons for a guy who has been charged with cocaine trafficking. It is labelled a "Citation à comparaître devant le **tribunal Correctionnel"** but it is on the header for the local TGI (tribunal de grande instance) and issued at the request of the Public Prosecutor for the particular TGI (A la demande de Monsieur le Procureur de la République près le Tribunal de Grande Instance de XXXX).
I would normally translate "tribunal correctionnel" as "Magistrate's court" (UK English) but as both courts are mentioned, is it ok to put "criminal court"? FYI, I am leaving TGI as TGI.
Change log

Jan 6, 2010 13:14: changed "Kudoz queue" from "In queue" to "Public"

Jan 6, 2010 22:34: Stéphanie Soudais (X) changed "Term asked" from "Tribunal correctionnel (here)" to "tribunal correctionnel "

Discussion

Adrian MM. (X) Jan 11, 2010:
Criminal Court vs. Division Crim. Court is a bit of an FHS Bridge glossary red herring or copout, as can describe a Mags' (Scots) Sheriff, Jury-Trial Crown or Crim. Appeal - no-jury London High Court/RCJ - Royal Courts of Justice on refusal of bail etc - or right up to a jury-trial Old Bailey trial. I pitched the Crim. Div. somewhere in the RJC bulding at the top end, with a no-jury trial just happening to coincide with FR correctionnel species.
David BUICK Jan 11, 2010:
Still not sure this should be "criminal court" My expertise here is not in the precise terminology, but I do have heaps of first-hand contact with convicts. I know that drugs cases (including ones with multiple defendants) may be (and often are) tried in "correctionnel" rather than "assises", crucial differences being the gravity of the charges (eg, often, whether the charge of "bande organisée" can be made to stick) and whether a jury is involved. To my mind "criminal court" implies the latter, but there will definitely be no jury involved if it's going to "correctionnel". The extent of the investigation and the time taken to go to trial are also longer for "assises".

Proposed translations

+1
11 hrs
Selected

Criminal Division (of the TGI/High Court)

FHS Bridge's Council of Glossary glossary gives the anodyne entry of 'Regional Criminal Court' for dealing with 'misdemeanours' (AE for non-serious, previously non-arrestable offences in the UK) vs. felonies (AE for serious, previously called arrestable offences in the UK).

The TGI as a High Court equivalent and the nature of the trafficking offence also suggest it is NOT the mags' first-level, but at least Crown Court level on indictment.

Also, it is the Tribunal d'assises cf. formerly Assizes in E&W - which - according to an FR/FR law dictionary: see the 2nd example sentence - is first instance.

It should, crucially, have been mentioned that this is on an Ordonnance de renvoi: a committal for trial which would go UP to the Crown Court or right up to the Old Bailey on indictment. (I again assume other contributors and commentators are familiar with the committal procedure).

The question here is whether the French equivalent of committal for trial stays at Magistrates' (Scots: Sheriff) Court level.

To avoid having to resolve this conundrum, Criminal Division could be used if TGI is translated as High Court. Also see the first example sentence: the Court is a chamber of the TGI whose header is used in the case in point.


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Note added at 22 hrs (2010-01-07 11:59:38 GMT)
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That's OK - with me at least, maybe not with my critics and detractors! Summons to 'enter an appearance' might be more civil than criminal-speak. Also, it is very discerning of you if you are querying whether a summons is used for the Mags'/Crown Court only. In E&W, it can be used for the Criminal Appeal Div. of the High Court.
Example sentence:

Tribunal correctionnel: Chambre du Tribunal de grande instance qui statue sur les délits ... art. 381 Code de Procédure Pénale fr. : Le Droit de A à Z.

Tribunal d’assises serait ... la juridiction de premier degré.. : Le Droit de A à Z.

Note from asker:
So, if I translated "Citation à comparaître devant le tribunal Correctionnel" as "Summons to appear before the Criminal Division of the TGI (≈ High Court)", would that be okay?
Peer comment(s):

agree Karen Stokes
7 hrs
Thx. You know your stuff.
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4 KudoZ points awarded for this answer. Comment: "That does it for me, thanks!"
+4
5 mins
French term (edited): Tribunal correctionnel (here)

Magistrate's Court

The Criminal Court is the "Assises", which is very definitely not where your chap is going (so far). In a Tribunal Correctionnel there is no jury and I would fully expect that to be what is referred to here.

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Note added at 6 mins (2010-01-06 13:20:33 GMT)
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Except that that apostrophe is in the wrong place: Magistrates' Court.
Peer comment(s):

agree Hazel Underwood : http://www.hmcourts-service.gov.uk/infoabout/magistrates/ind...
5 mins
agree asreynolds
46 mins
agree Graham macLachlan : yeah, in this instance the TC is being held in the TGI (court being a session and not a building)
1 hr
agree Chris Hall
2 hrs
Something went wrong...
+4
13 mins
French term (edited): Tribunal correctionnel (here)

Correctional court/magistrate's court

What I found on Termium.
Peer comment(s):

agree Constantinos Faridis (X) : The Correctional Court consists of the correctional chambers of the Court of First ... The Correctional Court deals with misdemeanors and has appellate ...
22 mins
Thanks a lot~! :))
agree Ellen Kraus
2 hrs
-> Thanks a lot~! :))
agree rkillings : There is a good argument for sticking with the cognate 'correctional court', as Légifrance, the UN and the press usually do. Lowercase it.
5 hrs
Thanks for elaborating.
agree Chris Hall
10 hrs
Thanks a lot~!
Something went wrong...
-1
1 hr
French term (edited): Tribunal correctionnel (here)

Magistrates'court

Virtually all criminal cases start in the Magistrates'Court.
Example sentence:

Virtually all criminal cases start in the Magistrates'Court

Peer comment(s):

disagree Chris Hall : It is very unprofessional to post the same answer which has been earlier posted.
1 hr
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