Glossary entry (derived from question below)
German term or phrase:
sachwidrig
English translation:
not material to the case
Added to glossary by
Edward L. Crosby III
Jul 29, 2002 17:29
22 yrs ago
7 viewers *
German term
Costa Rica
Translations that read like originals
Native in: English (Variants: US, UK) 
Works in: French to English, German to English, Spanish to English, and 3 more.
sachwidrig
German to English
Law/Patents
procedure
Die Frage, ob ein Zuhoerer als Zeuge in Betracht bekommt und ob er deswegen dem Sitzungssaal bis zu seiner Vernehmung verlassen soll, betrifft eine Entscheidung, die der Vorsitzende im Rahmen der ihm obliegenden Verhandlungsleitung zu treffen hat. Dass es sich um eine Massnahme im Rahmen der Verhandlungsleitung des Vorsitzenden handelt, folgt auch aus (section 243 StPO). According to that section: steht dem Vorsitzenden bei der Frage ob ein Zuhoerer als Zeuge zu behandeln ist, ein Beurteilungsspeilraum zu, der ueberschritten wird, wenn der Ausschulss eines Zuhoerers auf sachwidrigen Erwaegung beruht (vgl. BGH, NStZ 2001, 163).
Proposed translations
(English)
| 3 +2 | not material to the case |
Edward L. Crosby III
|
| 5 | sachwidrig means 'against the law' or 'against the rule' |
Ivo Marloh (X)
|
| 5 | irrelevant |
Dr. Fred Thomson
|
| 5 | improper |
Beate Boudro (X)
|
| 4 | considerations adverse to the case |
Wolf Brosius (X)
|
| 4 | ill-considered |
gangels (X)
|
| 3 | unreasonable |
Brigit
|
Proposed translations
+2
1 hr
Edward L. Crosby III
Native in English
The best never rest!
Native in: English 
Works in: German to English, Spanish to English, English to German, and 3 more.
Related KudoZ points
:
527
Selected
not material to the case
That's my take. For instance, the decision to exclude a witness because he refuses to wear black shoes would exceed the bounds of propriety because it would be based on facts which had no relevance to the case itself.
Perhaps others can suggest a better alternative.
Perhaps others can suggest a better alternative.
4 KudoZ points awarded for this answer.
Comment: "Thanks to all. Your example reminds me of the Johm Waters movie "Serial Mom", where the defendant kills a witness because she's wearing white shoes before Labor Day (mutatis mutanda). "
18 mins
unreasonable
I have seen 'sachwidrig' translated as 'unreasonable' and as 'inappropriate'.
36 mins
considerations adverse to the case
The chairman may use his discretion to call certain witnesses up to a point where the exclusion of a spectator(Zuhoerer)is based on considerations...
Hope that makes sense
Hope that makes sense
2 hrs
ill-considered
According to that section, re the question of as to whether a member of the audience may be deemed a material witness, the presiding judge is allowed a certain amount of discretion, which however must not result in the exclusion of the audience member for ill-considered reasons
4 hrs
Dr. Fred Thomson
United States
United States
Native in English
United States
A lawyer, technician, nuclear power optr
Native in: English
Works in: German to English
Related KudoZ points
:
5861
irrelevant
A Sachantrag is, e.g., an application relevant to the principal objects of the action.
Thus, if the reason upon which the exclusion was based is irrelevant to the principal objects of the actions (e.g., has nothing to do with whether the person was a prospective witness to be heard later in the case, then the exlusion may be impermissible.
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Note added at 2002-07-29 22:12:30 (GMT)
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Also, material and relevant are not synonymous.
Thus, if the reason upon which the exclusion was based is irrelevant to the principal objects of the actions (e.g., has nothing to do with whether the person was a prospective witness to be heard later in the case, then the exlusion may be impermissible.
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Note added at 2002-07-29 22:12:30 (GMT)
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Also, material and relevant are not synonymous.
22 hrs
improper
just another suggestion.
I would use either "improper" or "unreasonable" - because your text refers to a presiding judge's discretion.
"Sachwidrig" is not quite "against the law" as an earlier answer pointed out because the law leaves the judge some discretion - and the issue here is the discretion.
"Sachwidrig" does not refer to "the case" - it refers to the question of whether proper considerations were used in the decision of excluding the member of the audience from the public hearing of the case.
I would use either "improper" or "unreasonable" - because your text refers to a presiding judge's discretion.
"Sachwidrig" is not quite "against the law" as an earlier answer pointed out because the law leaves the judge some discretion - and the issue here is the discretion.
"Sachwidrig" does not refer to "the case" - it refers to the question of whether proper considerations were used in the decision of excluding the member of the audience from the public hearing of the case.
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