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texte d'incrimination

English translation: texte d\'incrimination (+ explanation)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:texte d\'incrimination
English translation:texte d\'incrimination (+ explanation)
Entered by: Irene Johnson

19:28 Feb 25, 2020
French to English translations [PRO]
Law/Patents - Law (general) / Criminal law
French term or phrase: texte d'incrimination
"Pour qualifier l'acte, il faut rechercher parmi tous les textes d’incrimination qui figurent dans l’arsenal législatif ou réglementaire français, un texte d’incrimination qui s’adapte parfaitement aux faits commis par l’individu."

My translation:

"To categorise the offence, we must seek, among all the [textes d'incrimination] in the French legislative or regulatory arsenal, a [texte d'incrimination] matching the offences committed by the individual."

The term seems to refer to the multiple criminal laws and regulations under which someone can be incriminated, or indicted. Is this correct? If so, can someone help me with the equivalent English term? Could it simply be "law or regulation"?

Thank you!
Irene Johnson
France
Local time: 14:02
offence-defining section
Explanation:
Termium calls it "offence creating section" (see http://www.btb.termiumplus.gc.ca/tpv2alpha/alpha-eng.html?la... ), but I don't think the offences are "created" in these laws and regulations. I think they are defined.
Selected response from:

Marco Solinas
Local time: 05:02
Grading comment
This is closest, but I have finally decided to use the term in French in italics with a note explaining what it means.
3 KudoZ points were awarded for this answer



Summary of answers provided
4 +1provisions
Jeremy Smith
3 +2offence-defining section
Marco Solinas
5 -1indictment instruments
Posted via ProZ.com Mobile
NGUEUTSA RODRIGUE
4 -1offence
philgoddard
3 -1act criminalisation relevent texts
Youssef Chabat


Discussion entries: 6





  

Answers


12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
offence


Explanation:
The examples below show that "incrimination" can often be translated as "offence". I think you can ignore "textes", since it goes on to refer to "l'arsenal législatif ou réglementaire".

L'incrimination de blanchiment reste très difficile à prouver dans l'état actuel des textes.
The offence of money laundering is still very difficult to prove as the legislation stands at present.

Cependant, la Principauté de Monaco a déjà procédé à des extraditions basées sur cette incrimination.
Monaco has, nonetheless, already carried out extraditions based on this offence.
http://dictionary.reverso.net/french-english/incrimination

You'd obviously have to find another word for "acte" in your suggested translation. Depending on what comes before this, you could say something like "the defendant's action".

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Note added at 14 mins (2020-02-25 19:43:28 GMT)
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I actually think it would be wrong to translate either "acte" or "faits" (later in the sentence" as "offence", since the text is making the distinction between what the person did and what offence they committed.

philgoddard
United States
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 219

Peer comments on this answer (and responses from the answerer)
disagree  Daryo: using a translation of an ST in which the "texte de ..." part is missing as an "argument" to drop/simply ignore the "texte de ..." part when it is present in another ST strikes me as some kind of "alternative/differential" logic ...
3 hrs
  -> I'm sure I'd find your disagrees very educational if only I could understand them.

neutral  AllegroTrans: I think it's more than just looking at the offences; rather all the legislation and the caselaw (which effectively in France means judgments of the Cour de Cassation)
4 hrs
  -> I know, but, as I said, I'm trying to avoid repetition. You can't say "the legislation and caselaw in the arsenal of legislation and caselaw", which is what you're effectively suggesting. "Offences" avoids this.
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
provisions


Explanation:
I think "provisions" would work if you rejig the sentence to read "To categorise the offence, we must seek, among all the provisions in French criminal legislation and regulations, a provision matching the offences committed by the individual."

Jeremy Smith
United Kingdom
Local time: 13:02
Works in field
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: This works and avoids an otherwise unwieldy phrase
1 day 14 hrs
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5 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
offence-defining section


Explanation:
Termium calls it "offence creating section" (see http://www.btb.termiumplus.gc.ca/tpv2alpha/alpha-eng.html?la... ), but I don't think the offences are "created" in these laws and regulations. I think they are defined.

Marco Solinas
Local time: 05:02
Works in field
Native speaker of: Native in EnglishEnglish, Native in ItalianItalian
PRO pts in category: 59
Grading comment
This is closest, but I have finally decided to use the term in French in italics with a note explaining what it means.

Peer comments on this answer (and responses from the answerer)
agree  ph-b: + punishment-prescribing ? See discussion.
6 hrs

agree  Eliza Hall
1 day 17 hrs
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10 hrs   confidence: Answerer confidence 5/5 peer agreement (net): -1
indictment instruments


Explanation:
I think in the idea of *textes* here is just refers to the "articles/sections/provisions/instruments* on indictment contained in the French Criminal Law/code. Therefore, I suggest you use "indictment instruments"

NGUEUTSA RODRIGUE
Cameroon
Local time: 13:02
Works in field
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: indictment instruments to me as an English lawyer, conveys nothing and I don't think past indictments would be consulted in order to define/characterise an offence, somehow
7 hrs

disagree  Youssef Chabat: These are intelligible proofs that incriminate the person, we're looking for legal texts
20 hrs
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1 day 7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
act criminalisation relevent texts


Explanation:
.

Youssef Chabat
Morocco
Native speaker of: Native in ArabicArabic, Native in FrenchFrench

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: apart from your mispelled word, this construction doesn't work
11 hrs
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