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en matière correctionnelle

English translation: misdemeanours/less serious offences

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15:05 Nov 27, 2008
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: en matière correctionnelle
L'amende est une peine qui consiste dans l'obligation imposée au condamné de payer une somme d'argent. Elle est applicable en matière criminelle, en peine complémentaire (assez rare), en matière correctionnelle, tantôt comme peine principale, tantôt comme peine complémentaire en même temps que l'emprisonnement.

Can you help me on how to make the distinction between "criminelle" and "correctionnelle" here? Thanks in advance.
Mary Davis
France
Local time: 20:22
English translation:misdemeanours/less serious offences
Explanation:
cf. felony & misdemeanour

felony
Crime regarded by the law as grave, and usu. involving violence; an instance of this. (Formerly distinguished from misdemeanour.) ME.
OED

misdemeanour
An indictable offence, formerly (in the US, still) distinguished from and less heinous than a felony. L15.
OED
Selected response from:

Graham macLachlan
Local time: 20:22
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1misdemeanours/less serious offences
Graham macLachlan
4on a mid-range (E&W: triable either-way) criminal offencexxxAdrian MM.
4in matters brought before the tribunal correctionel
AllegroTrans
Summary of reference entries provided
KudoZ question
Ana Andronache
3 levels of offences
AllegroTrans

  

Answers


2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
misdemeanours/less serious offences


Explanation:
cf. felony & misdemeanour

felony
Crime regarded by the law as grave, and usu. involving violence; an instance of this. (Formerly distinguished from misdemeanour.) ME.
OED

misdemeanour
An indictable offence, formerly (in the US, still) distinguished from and less heinous than a felony. L15.
OED

Graham macLachlan
Local time: 20:22
Native speaker of: Native in EnglishEnglish
PRO pts in category: 298

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: it's not "wrong" but as there are 3 levels of offences in France (not just 2) I think you have to name the "level" in French, as otherwise an EN speaker will not fully understand-please see my explanation
8 mins

agree  rossignol
10 hrs
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
in matters brought before the tribunal correctionel


Explanation:
Please see my explanation re the 3 l3v3ls of Criminal Courts in France

AllegroTrans
United Kingdom
Local time: 19:22
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 958

Peer comments on this answer (and responses from the answerer)
neutral  Rafael Wugalter: If that is what it means, it MUST be translated this way.
1 day9 hrs
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7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
on a mid-range (E&W: triable either-way) criminal offence


Explanation:
On Allegro's 3-tier analogy: E&W (not Scotland) arguably has 4 levels: going up in hierarchy 1. Magistrates' Court; 2. Crown Court; 3. the Central Criminal Court a.k.a. The Old Bailey 4. The House of Lords - Judicial Appeals Committee.

Triable either-way = either *summarily* in the Mags' Court or on #indictment# in the Crown Court.

So distinction with criminelle approx: on a higher--to-top range, either-way #indictable# offence.



Example sentence(s):
  • When an either way offence is to be tried at the Crown Court, magistrates are responsible for committal to the Crown Court (a task in former ...
xxxAdrian MM.
Local time: 20:22
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 858

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: Courts 2 & 3 in your list are the same level and 4 is not a Criminal Court of first instance, but "mid-range" is OK, "triable either way" does not relate to France and is much too specific to England & Wales
14 hrs
  -> Points taken, whilst the OB does d/w with the most serious crimes. Also either-way is meant to hint at a translation approach to EN/FR translators. The questioner may be looking for an AE/US or Can answer, though.
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Reference comments


58 mins
Reference: KudoZ question

Reference information:
http://www.proz.com/kudoz/french_to_english/law_general/1028...

audience tenue en matière correctionnelle - hearing before the criminal court
Explanation:
audience = hearing
correctionnelle = criminal court/proceedings


--------------------------------------------------
Note added at 1 hr (2008-11-27 16:36:26 GMT)
--------------------------------------------------

corectionnelle -
Qui a rapport aux infractions nommées délits (p. oppos. aux crimes et aux contraventions).

http://atilf.atilf.fr/dendien/scripts/tlfiv5/visusel.exe?30;...

criminelle - Qui concerne la législation, la procédure relatives aux poursuites, aux jugements et aux peines des infractions.

http://atilf.atilf.fr/dendien/scripts/tlfiv5/visusel.exe?65;...

Ana Andronache
Belgium
Specializes in field
Native speaker of: Romanian
PRO pts in category: 4
Note to reference poster
Asker: I saw this too - but I still don't understand the difference between the two!


Peer comments on this reference comment (and responses from the reference poster)
neutral  AllegroTrans: there are 3 levels of criminal court in the French system, tribunal correctionnel is just one of them
1 hr
  -> I was just pointing out the difference between "criminelle" and "corectionnelle", but thanks anyway. ^_^
neutral  Rafael Wugalter: If the text means to say "devant le Tribunal correctionnel en France", then that is the ONLY acceptable meaning and it MUST be conveyed. If it so happens that the Trib. corr. deals with medium-level offences, that can be explained in a Translator's Note.
1 day10 hrs
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2 hrs peer agreement (net): +1
Reference: 3 levels of offences

Reference information:
There are basically 3 levels of criminal courts in the French system:
Cour d'assises - deals with serious offences (felonies) and usually sits with a jury
Tribunal correctionel - deals with medium level offences
Tribunal de police - is a court of summary jurisdiction and deals with minor offences

AllegroTrans
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 958

Peer comments on this reference comment (and responses from the reference poster)
agree  Rafael Wugalter: This is important. If the text clearly deals with French law, you can't "convert" it into some other law. It has to remain true to all the particularities of French law. If an explanation is needed, then provide one.
1 day9 hrs
  -> thanks!
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