Glossary entry

Italian term or phrase:

libero

English translation:

free by default (in absentia)

Added to glossary by Constantinos Faridis (X)
Jan 13, 2010 15:52
14 yrs ago
22 viewers *
Italian term

libero

Italian to English Law/Patents Law (general) criminal
libero - contumace [appears beside each of list of the accused] - is it sufficient to translate as "free - in default / absent" ?
Change log

Feb 1, 2010 09:27: Constantinos Faridis (X) Created KOG entry

Discussion

Erika Nagy, Esq. Jan 13, 2010:
....while you can get a default judgment ... please insert 'while', sorry
Erika Nagy, Esq. Jan 13, 2010:
@ sebasthw: I really do not believe this has anything to do with a default judgment due to the lack of presence of the defendant(s) ... I could be wrong... while in the US, under the vast majority of circumstances, a criminal trial cannot be conducted in the absence of the defendant, in Italy trial in absentia is permitted. Besides, you can get a default judgment against someone who is a no-show in case of a civil trial only, that is not how it works in criminal cases. E.g., you don't get convicted of a crime simply for not showing up (even in countries where the defendant is not required to be present in criminal trials) ... anyway, just some thoughts
Sebastian Haywood-Ward (asker) Jan 13, 2010:
Hi! They have been accused of bankruptcy offences and usury and illegal interest rates - it's a big financial swindle involving investors / private savers.
Erika Nagy, Esq. Jan 13, 2010:
Hi! Could you provide a bit more context? Accused of what?

Proposed translations

15 mins
Selected

free by default (in absentia)

Σύνθετη Αναζήτηση



ΙστόςΑπόκρυψη επιλογώνΕμφάνιση επιλογών... Αποτελέσματα 1 - 10 από περίπου 39,500 για free by default (in absentia). (0.28 δευτερόλεπτα)

Αποτελέσματα αναζήτησηςIn absentia - Wikipedia, the free encyclopedia - [ Μετάφραση αυτής της σελίδας ]
In common law legal systems, conviction of a person in absentia, ... operates as a waiver of his right to be present and leaves the court free to proceed with the trial in ... Death in absentia · Default judgment (a civil counterpart) ...
en.wikipedia.org/.../In_absentia
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4 KudoZ points awarded for this answer. Comment: "thank you for the reference and full explanation "
10 mins

at large

at large - defaulting
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+1
1 hr

not in custody

not in custody - in absentia

based on my research, 'contumace' in this context means that the accused/criminal defendant is not present at the trial. Some Italian court documents designate criminal defendants as either 'presente' or 'contumace'. As to 'libero', in the context of a criminal trial, I believe it must mean that the defendant is not in government custody, that is, he/she is free, so to say.

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Note added at 1 hr (2010-01-13 16:59:54 GMT)
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http://www.olir.it/ricerca/getdocumentopdf.php?Form_object_i... --- this clearly illustrates that the defendant is either present or absent/in absentia; it has nothing to do with being in default
Peer comment(s):

agree Sylvia Gilbertson : yes, they're not in custody and have not appeared before the court
23 hrs
THANKS SYLVIA
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1 hr

defendant in default

According to de Franchis Law Dictionary. The defendant did not show up.
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