se sustanciará en expediente contradictorio y sumario

English translation: will be substantiated in a formal investigation in which the party may submit a defense

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:se sustanciará en expediente contradictorio y sumario
English translation:will be substantiated in a formal investigation in which the party may submit a defense
Entered by: Sherry Godfrey

22:00 Jun 18, 2006
Spanish to English translations [PRO]
Social Sciences - Government / Politics
Spanish term or phrase: se sustanciará en expediente contradictorio y sumario
El procedimiento se sustanciará en expediente contradictorio y sumario conforme se determine reglamentariamente.

Thanks!
Sherry Godfrey
Local time: 10:37
will be substantiated in a formal investigation in which the party may submit a defense
Explanation:
(or however you wish to reword this to fit your specific context)

This is a very "Spain-specific" question, and as used in Spain I believe you will see that "se sustanciará en expediente contradictorio y sumario conforme se determine reglamentariamente" does not refer to being "substantiated in a contradictory and concise brief (or) record", but rather to conducting a formal investigation of the charges (called a "sumario") in which the person accused of wrongdoing is invited to submit a defense (called "expediente contradictorio"), in accordance with the procedures set forth in the regulations, bylaws, etc.

As used in your text, in Spain (and in many Spanish-speaking jurisdictions), the term "sumario" is not an adjective meaning "concise", but rather refers to a formal investigation. In criminal proceedings, a "sumario" is the investigating judge's (juez instructor) preliminary criminal investigation to determine if there is probable cause ("indicios racionales de criminalidad") to bring charges against a suspect. In administrative proceedings, "sumario" may be used to refer to the investigation of an administrative infraction conducted by an "instructor" who is not a judge, but rather a civil servant assigned to the case.

"Expediente contradictorio" is the stage in the proceedings in which the infractor is allowed to present his version of the events. The person directing the "sumario" will "abrir un expediente contradictorio" by issuing a "pliego de cargos" (statement of objections), to which the infractor is invited to submit his defense ("pliego de descargo").

This terminology, which is typical of criminal or administrative proceedings, has been adopted in other sectors, and may be used to describe the investigation of violations of company bylaws or the regulations of other entities, although I would need more context to know how it is used in your specific text.
Selected response from:

Rebecca Jowers
Spain
Local time: 10:37
Grading comment
Hello Rebecca. I know it's a bit late, but my attention was just drawn to this question. I must have closed it too early. Thanks, as always, for all the information!
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +5will be substantiated in a formal investigation in which the party may submit a defense
Rebecca Jowers
4 +3will be backed up (substantiated) in a contradictory and concise (brief) record
Michael Powers (PhD)


  

Answers


4 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
will be backed up (substantiated) in a contradictory and concise (brief) record


Explanation:
tal cual

Mike :)

Michael Powers (PhD)
United States
Local time: 04:37
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 365

Peer comments on this answer (and responses from the answerer)
agree  Romanian Translator (X)
1 hr
  -> Thank you, Awana - Mike :)

agree  claudia bagnardi
1 hr
  -> Thank you, Claudia - Mike :)

agree  Mónica Ameztoy de Andrada
1 hr
  -> Thank you, Mónica - Mike :)

agree  Barbara Cochran, MFA: Perfecto! Especialmente si se traduce como "substantiated."
5 hrs

agree  Claudia Aguero
6 hrs

disagree  zhdim: Just ran across this-not a bad response except for 3 things: 1. "a contradictory record" is not English. 2. If it were English, it would still NOT be the correct translation of the Spanish. 3. "tal cual" is not much of an explanation.
901 days

disagree  jackstraw: I back up all zhdim's comments. Well done Rebecca!
1922 days
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8 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +5
will be substantiated in a formal investigation in which the party may submit a defense


Explanation:
(or however you wish to reword this to fit your specific context)

This is a very "Spain-specific" question, and as used in Spain I believe you will see that "se sustanciará en expediente contradictorio y sumario conforme se determine reglamentariamente" does not refer to being "substantiated in a contradictory and concise brief (or) record", but rather to conducting a formal investigation of the charges (called a "sumario") in which the person accused of wrongdoing is invited to submit a defense (called "expediente contradictorio"), in accordance with the procedures set forth in the regulations, bylaws, etc.

As used in your text, in Spain (and in many Spanish-speaking jurisdictions), the term "sumario" is not an adjective meaning "concise", but rather refers to a formal investigation. In criminal proceedings, a "sumario" is the investigating judge's (juez instructor) preliminary criminal investigation to determine if there is probable cause ("indicios racionales de criminalidad") to bring charges against a suspect. In administrative proceedings, "sumario" may be used to refer to the investigation of an administrative infraction conducted by an "instructor" who is not a judge, but rather a civil servant assigned to the case.

"Expediente contradictorio" is the stage in the proceedings in which the infractor is allowed to present his version of the events. The person directing the "sumario" will "abrir un expediente contradictorio" by issuing a "pliego de cargos" (statement of objections), to which the infractor is invited to submit his defense ("pliego de descargo").

This terminology, which is typical of criminal or administrative proceedings, has been adopted in other sectors, and may be used to describe the investigation of violations of company bylaws or the regulations of other entities, although I would need more context to know how it is used in your specific text.

Rebecca Jowers
Spain
Local time: 10:37
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 104
Grading comment
Hello Rebecca. I know it's a bit late, but my attention was just drawn to this question. I must have closed it too early. Thanks, as always, for all the information!

Peer comments on this answer (and responses from the answerer)
agree  MikeGarcia: A veces me pregunto si vale la pena dar respuestas tan bien fundadas como la tuya, cuando los que preguntan no saben nada de nada...y no entienden nada de nada...pobres clientes!!!
1 hr
  -> Gracias por tu comentario, Miguel. De hecho esta pregunta requería una respuesta "Spain-specific" pero no se esperó las dichosas 24 horas y por problemas de horario se cerró de madrugada ANTES de poder recibir una respuesta de alguien en España

agree  Claudia Martel: Rebecca, había encontrado tu respuesta en otro KudoZ. Felicitaciones por la explicación que me sirvió mucho a mí también. Lástima la urgencia de la colega...
18 hrs
  -> Muchas gracias, Claudia

agree  zhdim: Excellent and knowledgeable response. Well done. I wish more Proz posts were like this one. Anyone who happens across this page (like I just did) should read this post and base their translation on it, not on the selected response.
901 days
  -> Muchas gracias, y saludos desde Madrid

agree  tazdog (X): thanks for that detailed explanation, Rebecca
1241 days
  -> And thank you, Cindy, for your kind comment!

agree  Lavinia Pirlog
1354 days
  -> Thanks Lavinia
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