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die Rechtmäßigkeit der Vorführung

English translation: lawfulness of bringing ... before the court

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01:02 Nov 28, 2001
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: die Rechtmäßigkeit der Vorführung
As in the query posted earlier, quoting from a German law.

"Ueber die Rechtmaessigkeit der Vorfurhrung entscheidet auf Antrag des Beschuldigten das Gericht."
transatgees
United Kingdom
Local time: 21:47
English translation:lawfulness of bringing ... before the court
Explanation:
The translation (and specific meaning) of the term "Vorfuehrung" depends on the particular provision of the German Strafprozessordnung your text is referring to. "Vorfuehrung" can have the meaning - as Darien pointed out - of "enforced attendance" of a court hearing that had already been scheduled.

"Vorfuehrung" can also refer to "bringing someone before a judge/court" after he/she has been arrested "on the spot" or pursuant to an arrest warrrant - without any prior scheduling of a hearing for which the attendance of the "Beschuldigter" had to be enforced.

E.g., Dietl/Lorenz: "Vorfuehrungsbefehl" - "order (or warrant) to bring a person before the court";

E.g., Rule 4 of the U.S. Federal Rules of Criminal Procedure (pertaining to arrest warrants) provides: "...It (the warrrant) shall command that the defendant be arrested and brought before the nearest available magistrate."

A possible translation in your context could be: "Upon petition of the person charged with an offense or crime, the court shall rule on the lawfulness of bringing that person before the court."
Selected response from:

Beate Boudro
United States
Local time: 14:47
Grading comment
Excellent. Many thanks.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1lawfulness of bringing ... before the courtBeate Boudro
5VorführungSteffen Pollex
5attendance enforced by officials [police]Beate Lutzebaeck
4the lawfulness of bringing forward [the accused]
Wirbeleit


Discussion entries: 1





  

Answers


29 mins   confidence: Answerer confidence 5/5
attendance enforced by officials [police]


Explanation:
Suggestion: "On application of the person charged with an offence [a crime], the Court shall decide on the lawfulness [legality] of that person's attendance enforced by officials [police]."

There doesn't seem to be neat way of getting "Vorführung" across, apart from the above suggestion, Romain offers: "leading s.o. into the court room" (not the preferred option - narrower than the German concept under the StPO).

Re my answer to your previous question: "will" should read "shall" since we are dealing with a piece of legislation.


    Romain, Legal dictionary
    Rel. prof. exp.
Beate Lutzebaeck
New Zealand
Local time: 10:47
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 239
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52 mins   confidence: Answerer confidence 5/5
Vorführung


Explanation:
The term "Vorführung" makes the difference here: ist it "Vorführung" in the sense of "Kino- oder Filmvorführung" or the "Vorführung" of a delinquent at the court? More context, pls.

Steffen Pollex
Local time: 22:47
Works in field
Native speaker of: Native in GermanGerman, Native in RussianRussian
PRO pts in category: 7
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
the lawfulness of bringing forward [the accused]


Explanation:
"bringing forward" is the term the Duden/Oxford dictionary suggests.


    Duden/Oxford dictionary
    Reference: http://eee.uci.edu/~papyri/Nero/Act_V_2_trans.html
Wirbeleit
Germany
Local time: 22:47
Native speaker of: Native in GermanGerman
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7 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
lawfulness of bringing ... before the court


Explanation:
The translation (and specific meaning) of the term "Vorfuehrung" depends on the particular provision of the German Strafprozessordnung your text is referring to. "Vorfuehrung" can have the meaning - as Darien pointed out - of "enforced attendance" of a court hearing that had already been scheduled.

"Vorfuehrung" can also refer to "bringing someone before a judge/court" after he/she has been arrested "on the spot" or pursuant to an arrest warrrant - without any prior scheduling of a hearing for which the attendance of the "Beschuldigter" had to be enforced.

E.g., Dietl/Lorenz: "Vorfuehrungsbefehl" - "order (or warrant) to bring a person before the court";

E.g., Rule 4 of the U.S. Federal Rules of Criminal Procedure (pertaining to arrest warrants) provides: "...It (the warrrant) shall command that the defendant be arrested and brought before the nearest available magistrate."

A possible translation in your context could be: "Upon petition of the person charged with an offense or crime, the court shall rule on the lawfulness of bringing that person before the court."

Beate Boudro
United States
Local time: 14:47
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 24
Grading comment
Excellent. Many thanks.

Peer comments on this answer (and responses from the answerer)
agree  Beate Lutzebaeck: I like this suggestion better than my own!
2 hrs
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Changes made by editors
Aug 1, 2005 - Changes made by Steffen Walter:
Term askeddie Rechtsmaessigkeit der Vorfuehrung »
Field (specific)(none) » Law (general)


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