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des fins de la poursuite

English translation: see below-part II

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03:33 Sep 7, 2000
French to English translations [PRO]
Law/Patents
French term or phrase: des fins de la poursuite
The whole sentence reads: Par voie de conclusions X et la société Y demandent par infirmation du jugement déféré de relaxer X des fins de la poursuite. I'm fairly confident on the first part of the sentence, which I have translated: "In their submissions X and Y request that the judgment brought before the court be set aside and that X be acquitted ....". One of the things that bothers me is the use of the word "des". If "aux" were used then I suppose I could finish the sentence "for the purposes of the proceedings" (though that doesn't make a great deal of sense!). Any ideas?
Gillian Hargreaves
Local time: 08:18
English translation:see below-part II
Explanation:
So, now for the next bit!

The verb is "relaxer qn de qqchs" and the phrase is "aux fins de qqchs". If you try to run one in to the other as in your example this would give : "relaxer qn de aux fins de qqchs", which is obviously not possible and simply becomes : relaxer qn des fins de qqchs". This is the only way it can make sense.

The same is true in English. You could not say "acquit someone from for the purposes of...". One dominates to make sense of it all.

Thus, X is being acquitted (I agree with your choice here) of the charges made against him.

Offer of translation for your sentence which could then read :
"In their submissions, X and company Y are asking the court to set aside the decision referred to it and acquit X of the charges made against him".

NOTES

Larousse 2000 was useful in attributing a legal definition to "fin" : souvent pluriel, c'est l'objet d'une demande exprimé dans une requete ou dans des conclusions". Not bad for a non-specialist work.

Robert & Collins : black mark here though as "relaxer qn" is given as meaning acquit or discharge, which are not the same.


Hope this helps.

Nikki
Selected response from:

Nikki Scott-Despaigne
Local time: 09:18
Grading comment
Thanks Nikki, for your solution and all the extra information.
4 KudoZ points were awarded for this answer

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Summary of answers provided
nasee below-part II
Nikki Scott-Despaigne
nasee below-part I
Nikki Scott-Despaigne


  

Answers


1 hr
see below-part I


Explanation:
Good afternoon Gillian,

Just a quick first bit to be going on with. The rest will follow shortly.

First problem here is the translation of "etre relaxé de" for which the ROBERT & COLLINS gives : be acquitted, be discharged. This points the reader in the right direction but there is an important distinction to be made.
ACQUITTAL is where the court decides that the defendant is INNOCENT. He cannot be retried for the same crime on fresh evidence. Acquittal in a criminal court, does not however prevent the matter being heard by a civil court. An example of this is in respect of a libel charge against someone alleging the defendant's guilt.
DISCHARGING someone means that the court has decided not to punish the defendant. Discharges can be conditional or absolute. No discussion of this point is approriate here.
What is relevant however, is that IN THE CASE OF AN ACQUITTAL THE DEFENDANT IS FOUND NOT GUILTY, WHEREAS IN THE CASE OF A DSICHARGE, HE IS FOUND GUILTY BUT THE COURT DECIDES THAT HE SHOULD NOT BE PUNISHED (and the law does not fix the punishment for the particular offence, thus enabling the court to make this sort of decision). In both cases, the defendant goes free.

That's the first bit, the second follows shortly.

Nikki


    Oxford Dcitionary of Law, OUP 1997
Nikki Scott-Despaigne
Local time: 09:18
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4431
Login to enter a peer comment (or grade)

2 hrs
see below-part II


Explanation:
So, now for the next bit!

The verb is "relaxer qn de qqchs" and the phrase is "aux fins de qqchs". If you try to run one in to the other as in your example this would give : "relaxer qn de aux fins de qqchs", which is obviously not possible and simply becomes : relaxer qn des fins de qqchs". This is the only way it can make sense.

The same is true in English. You could not say "acquit someone from for the purposes of...". One dominates to make sense of it all.

Thus, X is being acquitted (I agree with your choice here) of the charges made against him.

Offer of translation for your sentence which could then read :
"In their submissions, X and company Y are asking the court to set aside the decision referred to it and acquit X of the charges made against him".

NOTES

Larousse 2000 was useful in attributing a legal definition to "fin" : souvent pluriel, c'est l'objet d'une demande exprimé dans une requete ou dans des conclusions". Not bad for a non-specialist work.

Robert & Collins : black mark here though as "relaxer qn" is given as meaning acquit or discharge, which are not the same.


Hope this helps.

Nikki



    Larousse 2000 ; Oxford Dic of Law, OUP 1997 ; Lex de termes Juridiques, DALLOZ 1993
Nikki Scott-Despaigne
Local time: 09:18
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4431
Grading comment
Thanks Nikki, for your solution and all the extra information.
Login to enter a peer comment (or grade)




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