Пригвор - Judgment or sentence?

English translation: Sentence

00:34 Dec 20, 2010

Russian to English translations [PRO]
Law/Patents - Law (general) / Criminal Law

Russian term or phrase: Пригвор - Judgment or sentence?

I am having trouble deciding whether to use judgment or sentence for приговор.

Context:

Приговор - title of document

"cуд
УСТАНОВИЛ:
Иванов И.И. совершил незаконное использование объектов авторского права....

ПРИГОВОРИЛ:
Признать Иванов Иван Иванович виновным в совершении преступления,предусмотренного ст. 146 ч.
3 п. «в» УК РФ и назначить ему наказание в виде лишениясвободы сроком на 3 года."

It would seem to me that the "приговор" should be "judgment," "приговорил" "has rendered judgment" and "и назначить наказание ему" - "and to sentence him to."

Comments? Ideas?

Multitran seems misleading - with "sentence" used as often or more often than "judgment" for приговор.....

Tom Fennell KudoZ activity Questions: 21 (none open) (1 closed without grading) Answers: 38 United States
Local time: 17:21

English translation:Sentence

Explanation:
It's "sentence" because we say : "pronounce sentence" that means "оглашать приговор".

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Note added at 1 hr (2010-12-20 01:56:24 GMT)
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Ok...I understnad.So, in this case it's "Judgement" like in this document http://www.ilo.org/dyn/triblex/triblexmain.fullText?p_lang=f...

Selected response from:

anaberbec (X)
Portugal
Local time: 23:21

Grading comment

Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer

Summary of answers provided

3 +3

Sentence

anaberbec (X)

5 +1

Приговор is a Verdict and наказание is Sentence

Angela Greenfield

found him guilty of violating - a list of statutes violated (or "as charged") and sentenced him to

ArnieT

Judgment

Deborah Hoffman

sentence of judgement

Olga Rbl

Summary of reference entries provided

только пригОвор, а не пригвор

Fernsucht

приговор - sentence

Vlad51

Discussion entries: 2

Answers

6 mins confidence:

peer agreement (net): +3

Sentence

anaberbec (X)
Portugal
Local time: 23:21
Native speaker of:

Romanian,

Moldavian
PRO pts in category: 4

Grading comment

Selected automatically based on peer agreement.

Notes to answerer

Asker: I don't understand how "ПРИГОВОРИЛ: Признать Иванов Иван Иванович виновным " Could be "pronounce sentence on him". Sentence has to do with the punishment part, not the establishment of guilt. In a big trial,one could have the judgment issued one day and the sentence weeks later....is the first document a приговор? A sentence always had to do with punishment, but this would not involve punishment (yet).

7 hrs confidence:

found him guilty of violating - a list of statutes violated (or "as charged") and sentenced him to

Explanation:
....

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Note added at 7 hrs (2010-12-20 08:07:59 GMT)
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Установил - Found, Приговорил - Judged

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Note added at 7 hrs (2010-12-20 08:10:14 GMT)
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Или - Установил - Finding, Приговорил - Judgement

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Note added at 7 hrs (2010-12-20 08:32:08 GMT)
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Convicted I.I.I. of illegal use of copyright-protected materials in violation of Section XXXX of the Federal Criminal Code and sentenced him to ******* pursuant to Section XXXX of the FCC.

ArnieT
Ukraine
Local time: 01:21
Native speaker of:

Ukrainian

17 hrs confidence:

peer agreement (net): +1

Приговор is a Verdict and наказание is Sentence

Explanation:
Your confusion is natural, since the criminal procedure in Russia is different from that in the US. In the US Приговор is pronounced by the Jury and the Sentence is IMPOSED by the Judge.
In Russia the Judge does both.
So here it goes:
"the Court
FOUND:
That I.I. Ivanov is guilty of ...

DELIVERED THE VERDICT:
To find Ivan Ivanovich Ivanov guilty of committing a crime under Article So-and-so of the Criminal Code of the RF and to SENTENCE HIM TO 3 years of imprisonment (or whatever word you use).

I know what the dictionaries say, but I always say that the people who write them are human, and very often those who write them are not the same people who actually work in court. I've spend a considerable amount of time in both Russian and US courts and base my answer on this experience.

Good luck in your translation.

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Note added at 17 hrs (2010-12-20 18:15:11 GMT)
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You can of course say "Pronounced the Sentence" for "Приговорил", but then you would have to use "impose the sentence" for "назначить ему наказание" in the same sentence (no pun intended!).

Angela Greenfield
United States
Local time: 18:21
Specializes in field
Native speaker of:

Russian,

Ukrainian
PRO pts in category: 530

18 hrs confidence:

Judgment

Explanation:
I would go with judgment, because the two legal systems are different and it is the less inaccurate rendering of your title. The word "sentence" is going to be too restrictive as it only refers to the imposition of penalty phase which, as Angela points out is not so much of a separate phase. At least with the term judgment you're not specifically excluding anything.

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Note added at 18 hrs (2010-12-20 19:17:58 GMT)
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I just checked my copy of William Butler's dictionary and he renders приговор as judgment, and приговор суда as judgment of a court.

Deborah Hoffman
Local time: 18:21
Specializes in field
Native speaker of: English
PRO pts in category: 75

6 days confidence:

sentence of judgement

Explanation:
1. The Title of the documents would be JUDGMENT
http://www.docstoc.com/docs/46568868/JUDGMENT-IN-A-CRIMINAL-...
2. Суд УСТАНОВИЛ would be "has found"
3. ПРИГОВОРИЛ would be "has sentenced" http://www.docstoc.com/docs/46568868/JUDGMENT-IN-A-CRIMINAL-...

They also use the term INDICTMENT in the official judgment documents

such as below:

Indictment

Defendant was charged by a two-count indictment with violation inter alia of ORS 164.225, as follows:
"The defendant is accused by the Grand Jury for Eden County of the following offenses:
"Count 1: BURGLARY IN THE FIRST DEGREE (FSG=7; A
http://courts.oregon.gov/OJD/docs/OSCA/acs/records/CriminalC...

Check out these two
http://www.federalreserve.gov/boarddocs/legaldevelopments/or...

Olga Rbl
United States
Local time: 18:21
Specializes in field
Native speaker of: Russian
PRO pts in category: 12

Reference comments

1 hr

Reference: только пригОвор, а не пригвор

Reference information:
n/a

Fernsucht
United States
Works in field
Native speaker of:

Russian
PRO pts in category: 78

Note to reference poster

Asker: Oh, yes. But I don't seem to be able to edit it.

4 hrs

Reference: приговор - sentence

Reference information:
Sentence - the judgement formally pronounced by the court or judge upon the defendant after his conviction in a criminal prosecution, imposing the punishment to be inflicted, usually in the form of a fine, incarceration, or probation. Sentencing may be carried out by a judge, jury, or sentencing council (panel or judges), depending on the statutes of the jurisdiction. The word is properly confined to criminal proceedings. In Civil cases, the terms "judgment", "decision", "award", "finding", etc., are used. (Black's Law Dictionary)

Vlad51
Kyrgyzstan
Specializes in field
Native speaker of: Russian
PRO pts in category: 12

Note to reference poster

Asker: The operative word here would seem to be "AFTER" his conviction. I understand that the verb приговорил means "to sentence," but when the court document used to convict (and not just sentence) is called a приговор - it would seem this is a judgment, not a sentence. A sentence is a punishment, not a document.

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