Facultad de Abstención

English translation: [Testimonial] Privilege

15:57 Aug 8, 2018
Spanish to English translations [PRO]
Law/Patents - Law (general) / Criminal Law/Derecho Penal
Spanish term or phrase: Facultad de Abstención
¿Cómo se llama a esta facultad? Está en el art. 243 del Código procesal penal de Argentina.

Facultad de abstención
Art. 243. - Podrán abstenerse de testificar en contra del imputado sus parientes colaterales hasta el cuarto grado de consanguinidad o segundo de afinidad; sus tutores, curadores y pupilos, a menos que el testigo fuere denunciante, querellante o actor civil o que el delito aparezca ejecutado en su perjuicio o contra un pariente suyo de grado igual o más próximo que el que lo liga con el imputado.
Antes de iniciarse la declaración, y bajo pena de nulidad, el juez advertirá a dichas personas que gozan de esa facultad, de lo que se dejará constancia.

Se me ocurre right to abstein/power to abstein, pero no encuentro el equivalente en inglés.
¡Gracias!
Lihuel Muñoz
Local time: 22:21
English translation:[Testimonial] Privilege
Explanation:
I've put "testimonial" in brackets here because it does not equate word-for-word to the term "facultad de abstención", though in essence, the latter appears to be an elipsis of "facultad de abstención de testificar".

A testimonial privilege is a right granted by law to a person not to testify, or in some instances to prevent another from testifying, either as to the contents of a statement made outside the presence of the tribunal by the person who has the privilege or as to information that person knows and does not want to reveal. (1) Testimonial privileges are different from other sorts of privileges (2), and from other exclusionary rules.

American law distinguishes between constitutional privileges, such as the privilege against self-incrimination (sometimes called the right to remain silent), and non-constitutional privileges such as those that protect communications between husband and wife, attorney and client, physician and patient, and minister and congregant (or as it is usually called priest and penitent).

https://www.translegal.com/feature-articles/testimonial-priv...

Testimonial privilege means a right to testify founded on a claim of privilege. Testimonial privilege overrules a witnesses duty to reveal matters within the witnesses knowledge, whether at trial or by deposition. The purpose of the testimonial privilege is to foster domestic harmony and prevent discord. The privilege also reflects the natural repugnance of having one spouse testify against the other, and prevents the testifying spouse from having to choose between perjury, contempt of court, or jeopardizing the marriage.
https://definitions.uslegal.com/t/testimonial-privilege/
Selected response from:

Robert Carter
Mexico
Local time: 20:21
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +4[Testimonial] Privilege
Robert Carter


  

Answers


9 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +4
[Testimonial] Privilege


Explanation:
I've put "testimonial" in brackets here because it does not equate word-for-word to the term "facultad de abstención", though in essence, the latter appears to be an elipsis of "facultad de abstención de testificar".

A testimonial privilege is a right granted by law to a person not to testify, or in some instances to prevent another from testifying, either as to the contents of a statement made outside the presence of the tribunal by the person who has the privilege or as to information that person knows and does not want to reveal. (1) Testimonial privileges are different from other sorts of privileges (2), and from other exclusionary rules.

American law distinguishes between constitutional privileges, such as the privilege against self-incrimination (sometimes called the right to remain silent), and non-constitutional privileges such as those that protect communications between husband and wife, attorney and client, physician and patient, and minister and congregant (or as it is usually called priest and penitent).

https://www.translegal.com/feature-articles/testimonial-priv...

Testimonial privilege means a right to testify founded on a claim of privilege. Testimonial privilege overrules a witnesses duty to reveal matters within the witnesses knowledge, whether at trial or by deposition. The purpose of the testimonial privilege is to foster domestic harmony and prevent discord. The privilege also reflects the natural repugnance of having one spouse testify against the other, and prevents the testifying spouse from having to choose between perjury, contempt of court, or jeopardizing the marriage.
https://definitions.uslegal.com/t/testimonial-privilege/

Robert Carter
Mexico
Local time: 20:21
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 912

Peer comments on this answer (and responses from the answerer)
agree  Rebecca Jowers: That's it!
2 mins
  -> Thank you, Rebecca!

agree  Charles Davis: Yes; cf. spousal privilege in the US in this context (seems to extend much further in Argentina).
7 mins
  -> Thanks, Charles :-) Yes, that's what led me to "testimonial privilege," which I wasn't previously aware of.

agree  Robin Levey
9 hrs
  -> Thanks, Robin.

agree  Rosa Paredes
1 day 6 hrs
  -> Thanks, Rosa.
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