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12:31 Oct 20, 2013
Italian to English translations [PRO] Law/Patents - Law (general) / court hearing
Italian term or phrase:il fatto non sussiste
it's in the minutes of a court hearing: target Language is US English (NOT British) "la difesa chiede sentenza di non luogo a procedere perché il fatto non sussiste"
defense counsel files a motion to dismiss because ...
-------------------------------------------------- Note added at 14 mins (2013-10-20 12:45:22 GMT) --------------------------------------------------
You can add "alleged" if you wish, but I would stick to a literal translation since this is a specific type of acquittal verdict precisely provided for by the Italian Code of Criminal Procedure.
-------------------------------------------------- Note added at 28 mins (2013-10-20 12:59:27 GMT) --------------------------------------------------
Note that the reference is to the material fact, and not to the offence as such. The two concepts are to remain distinct and the word "fact" should be used instead of "offence".
-------------------------------------------------- Note added at 32 mins (2013-10-20 13:04:08 GMT) --------------------------------------------------
A final, friendly suggestion (yes, I'm touchy): this time, please do not pick the wrong answer... :-)
-------------------------------------------------- Note added at 45 mins (2013-10-20 13:17:08 GMT) --------------------------------------------------
Any generic answer such as "there is no case to answer" would not be able to translate the specific formulation chosen by the Court ("perché il fatto non sussiste", AS OPPOSED TO "perché l'imputato non ha commesso il fatto", "perché il fatto non è previsto dalla legge come reato", and the other acquittal verdicts provided for by Article 530 C.P.P., each of which has a precise meaning thus requiring a specific translation (and not the generic "no case to answer")).
-------------------------------------------------- Note added at 16 hrs (2013-10-21 05:12:47 GMT) --------------------------------------------------
Since the (very useful) discussion has been hidden by an overzealous moderator ("Reason: please use answer box or reference box") I report here the bits I remember of my previous contributions to that discussion:
"Although lawyers find the expression ACTUS REUS convenient, it is misleading in one respect. It means not just the criminal act but all the external elements of an offence. Ordinarily, there is a criminal act, which is what makes the term actus reus generally acceptable. But there are crimes without an ACT, and therefore without an ACTUS REUS in the obvious meaning of that term. The expression “conduct” is more satisfactory, because wider; it covers not only an act but an OMISSION..."
Since the Latin expression "Actus reus" etymologically does not cover omissions, I believe that the word "Fact", being wider and more general in scope that "Actus reus", is more suitable to translate "fatto" in this instance.
-------------------------------------------------- Note added at 23 hrs (2013-10-21 11:51:03 GMT) --------------------------------------------------
...because the (alleged) fact does not exist (or "did not take place").
The asker may try whatever she likes, and yours is a reasonable opinion. I would argue that the source text is a bit "stronger" than that: rather than having no value, the fact is deemed as non-existent, as never happened at all (according to the defence submission and the requested acquittal verdict).
the phrase you have just proposed would be perfect to translate another formulation which can be used by an acquitting Court according to Article 530 C.P.P.: "perché il fatto non costituisce reato". The source text contains the different acquittal formulation "perché il fatto non sussiste", which requires a specific translation. As regards the use of Latin in this instance, I also had formulated some reservations in the previous discussion (which has been entirely hidden by an overzealous moderator because the contributors did not "use the reference box or the answer box"...).
WHY don't you combine the two and make a "the fact is not (considered) an offence", I guess Latin is fine, but is it really UNDERSTOOD, by, say, the average Nigerian defendant or the Vietnamese common people reading newspapers?
Automatic update in 00:
Answers
39 mins confidence:
AE: the elements of an offense / BE: the statement of facts are / is is not existent
Explanation: I ´d say
it.wikipedia.org/wiki/Formula_assolutoria
Assoluzione perché il fatto non sussiste;; Assoluzione perché l'imputato non ha commesso il fatto;; Assoluzione perché il fatto non costituisce reato;; Assoluzione
Ellen Kraus Austria Local time: 12:07 Specializes in field Native speaker of: German PRO pts in category: 147
peer agreement (net): +2
