personado en la causa

English translation: having filed/entered an appearance as a party to the prosecution

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:personado en la causa
English translation:having filed/entered an appearance as a party to the prosecution
Entered by: Rebecca Jowers

18:11 Aug 15, 2018
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: personado en la causa
I've come across this term in a police document stating a victim's rights.

Referring to the victim of a crime:

"Tiene derecho, una vez personado en la causa, a ser informado de la actuaciones."

I've seen this translated before as "to enter an appearance" but that seems to be referring to the lawyer and not the victim. Any help here would be greatly appreciated!
Cristina Tomàs White
Spain
Local time: 17:28
having filed/entered an appearance as a party to the prosecution
Explanation:
(or however you choose to word this)

One of the idiosyncrasies of Spanish criminal procedure is that the victim can enter an appearance as a party to criminal proceedings, prosecuting the case alongside the public prosecutor (“fiscal”). As indicated in your text, victims are offered the possibility of bringing an “acusación particular” (private prosecution) and, if they choose to do so, they (or more often their lawyers) are informed of all steps taken in the case (“las actuaciones”). This is explained briefly here:

“In addition to the powers of the public prosecutor (fiscal) to prosecute criminal offenses on behalf of the state, in Spain the victim or any other private citizen may enter an appearance ("personarse") in criminal proceedings in what amounts to a “private prosecution” that is practically unknown or in disuse in Anglo-American jurisdictions. In this context “acusación (or) acusador particular” generally denotes the victim of a crime (or his representative) who files a private criminal complaint ("querella"), entering an appearance in a criminal proceeding as a “private prosecutor.”
Moreover, persons other than the victim may also enter an appearance in
criminal proceedings as private prosecutors. In that regard "acusación (or) acusador popular" denotes a private citizen who files a "querella" and posts a bond ("fianza") in order to be admitted as a party to the prosecution of
a criminal case. And "acusación (or) acusador privado" refers to an individual seeking redress for a “private offense” ("delito privado") that may only be prosecuted by the victim and in which the public prosecutor (fiscal)
does not intervene.”
Rebecca Jowers. “Léxico temático de terminología jurídica español-inglés”. Valencia: Tirant lo Blanch, 2015, p. 341.




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Note added at 53 mins (2018-08-15 19:05:12 GMT)
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An additional comment to Robert’s suggestion that my answer may be an “over-translation”:

“Personado” literally means “having filed/entered an appearance (in proceedings). “Personarse” = “to file/to enter an appearance (in proceedings). Robert suggests “having become a party…” but one becomes a party by actually “filing/entering an appearance”, so I don’t think reflecting the literal meaning of “personado” is an over-translation.

What may be an over-translation (but which I believe is warranted) is my addition of “as a party to the prosecution.” When translating documents of this nature I add this precisely to draw attention to the fact that these are criminal proceedings and the victim becomes a party to a criminal prosecution, since this is an aspect of Spanish criminal procedure that would be foreign to Anglo-American audiences in which public prosecutors generally have the monopoly of prosecuting criminal offenses and victims (or other private citizens) cannot intervene.
Selected response from:

Rebecca Jowers
Spain
Local time: 17:28
Grading comment
Thank you very much, this has all been incredibly helpful.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2having filed/entered an appearance as a party to the prosecution
Rebecca Jowers
4once made party to the proceedings
AllegroTrans
Summary of reference entries provided
From the European e-Justice Portal (re Spain)
AllegroTrans

Discussion entries: 16





  

Answers


19 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
having filed/entered an appearance as a party to the prosecution


Explanation:
(or however you choose to word this)

One of the idiosyncrasies of Spanish criminal procedure is that the victim can enter an appearance as a party to criminal proceedings, prosecuting the case alongside the public prosecutor (“fiscal”). As indicated in your text, victims are offered the possibility of bringing an “acusación particular” (private prosecution) and, if they choose to do so, they (or more often their lawyers) are informed of all steps taken in the case (“las actuaciones”). This is explained briefly here:

“In addition to the powers of the public prosecutor (fiscal) to prosecute criminal offenses on behalf of the state, in Spain the victim or any other private citizen may enter an appearance ("personarse") in criminal proceedings in what amounts to a “private prosecution” that is practically unknown or in disuse in Anglo-American jurisdictions. In this context “acusación (or) acusador particular” generally denotes the victim of a crime (or his representative) who files a private criminal complaint ("querella"), entering an appearance in a criminal proceeding as a “private prosecutor.”
Moreover, persons other than the victim may also enter an appearance in
criminal proceedings as private prosecutors. In that regard "acusación (or) acusador popular" denotes a private citizen who files a "querella" and posts a bond ("fianza") in order to be admitted as a party to the prosecution of
a criminal case. And "acusación (or) acusador privado" refers to an individual seeking redress for a “private offense” ("delito privado") that may only be prosecuted by the victim and in which the public prosecutor (fiscal)
does not intervene.”
Rebecca Jowers. “Léxico temático de terminología jurídica español-inglés”. Valencia: Tirant lo Blanch, 2015, p. 341.




--------------------------------------------------
Note added at 53 mins (2018-08-15 19:05:12 GMT)
--------------------------------------------------

An additional comment to Robert’s suggestion that my answer may be an “over-translation”:

“Personado” literally means “having filed/entered an appearance (in proceedings). “Personarse” = “to file/to enter an appearance (in proceedings). Robert suggests “having become a party…” but one becomes a party by actually “filing/entering an appearance”, so I don’t think reflecting the literal meaning of “personado” is an over-translation.

What may be an over-translation (but which I believe is warranted) is my addition of “as a party to the prosecution.” When translating documents of this nature I add this precisely to draw attention to the fact that these are criminal proceedings and the victim becomes a party to a criminal prosecution, since this is an aspect of Spanish criminal procedure that would be foreign to Anglo-American audiences in which public prosecutors generally have the monopoly of prosecuting criminal offenses and victims (or other private citizens) cannot intervene.


Rebecca Jowers
Spain
Local time: 17:28
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2210
Grading comment
Thank you very much, this has all been incredibly helpful.

Peer comments on this answer (and responses from the answerer)
agree  Robert Carter: I am quite certain you know what you're talking about, Rebecca, and this is probably the case, but isn't this wording an over-translation? To me, it simply reads "having become a party to the proceedings". BTW, thanks for the explanation!//Fair enough!
16 mins
  -> Thanks, Robert. I'll post an additional comment.

agree  Charles Davis: Well, the DLE does say "comparecer como parte interesada", not just "ser parte interesada", and outside the criminal law context "personarse" is common, though formal, for turning up somewhere in person: "me personé en el consultorio". So agreed.
1 hr
  -> Thanks, Charles. In legal usage "personarse" = to file/to enter and appearance as a party to a proceeding; "comparecer" may mean simply "to appear (in court) (as a witness, expert, etc.)
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1 day 16 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
once made party to the proceedings


Explanation:
Whilst Rebecca clearly has the correct idea, I do not think a party claiming criminal compensation becomes a party to the prosecution and I see this as confusing. My ref. shows that there are two choices; either to commence a private prosecution OR to be added as a civil party. In either case the criminal prosecution authority continues to act without any joinder to itself.


AllegroTrans
United Kingdom
Local time: 16:28
Does not meet criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1488

Peer comments on this answer (and responses from the answerer)
neutral  Rebecca Jowers: Hi, don't confuse "la acusación particular" (victim who may jointly prosecute case with the "fiscal") and "actor civil" seeking civil damages arising from the offense; they are often the same (the victim), but not necessarily.
2 days 14 hrs
  -> this was precisely my point
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Reference comments


7 hrs
Reference: From the European e-Justice Portal (re Spain)

Reference information:
What is the process for claiming damages from the offender? (e.g. independent lawsuit, civil claim, joint civil and criminal proceedings)

As private prosecutor, you can claim compensation for damages by means of a civil action within the same criminal proceedings or defer this claim until the criminal proceedings have ended. If the two actions are separate, the civil action must wait until the criminal proceedings have ended.

You can also only appear in the proceedings as civil party that will not have any capacity in the proceedings. If you do not appear as civil party to seek the compensation, the public prosecutor will claim the civil action on your behalf. If the court declares the accused not guilty or does not award you the compensation, you can always claim damages through a civil procedure.

The civil liability of the accused covers the restitution of the property, the making good of the damage and the compensation for damages, including those caused to your partner and children.

You can also obtain compensation from the State.

The Crime Victim Support Offices are the crime victim assistance authority in cross-border situations, in cases where the crime you have suffered was committed in a European Union Member State other than Spain and you are ordinarily resident in Spain. In cases of crimes of terrorism in cross-border situations, the Ministry of the Interior is the assistance authority, via the Directorate-General for the Support of Victims of Terrorism.

In general, except for crimes of terrorism, the assistance authority will cooperate in initiating and handling the procedures for the award of aid by the European Union Member State where the crime was committed, so that you, as claimant, can access, from Spain, the compensation from the State in whose territory the crime was committed.

To this end, the Crime Victim Support Offices will provide you, as aid claimant, with the following information:

information about the possibilities of claiming financial aid or compensation, the procedures or forms required, including the way in which these must be completed, and the supporting documentation that may be necessary;
general guidance about how to fill out requests for additional information.

Moreover, as assistance authority, the Crime Victim Support Offices must do the following:

forward your claim and supporting documentation, as well as any documentation that may be required subsequently, where applicable, to the decision-making authority appointed by the State in whose territory the crime was committed;
cooperate with the decision-making authority where, in accordance with its national legislation, this authority decides to hear the claimant or any other person.

The decision-making authority is the Ministry of Economy and Finance’s Directorate-General of Personnel Costs and State Pensions when the claim for the legally established State aid is dealt with via the assistance authority of the State where the claimant is ordinarily resident.

The decision-making authority must communicate the following both to you as aid claimant as well as to the assistance authority:

receipt of the State aid claim, the body that opens the proceedings, the timeframe for handing down a decision and, if possible, the anticipated date when the decision will be taken;
the decision closing the proceedings.

For crimes of terrorism, the Ministry of the Interior (Directorate-General for the Support of Terrorism Victims) will act as the assistance authority in cases in which the place where the crime is committed is a European Union Member State other than Spain and you as aid claimant are ordinarily resident in Spain, so that you can access, from Spain, the appropriate compensation, where applicable, from the State in whose territory the crime was committed. The actions that must be undertaken by the Directorate-General of Support for Victims as the assistance or decision-making authority are equivalent to those pertaining to the Ministry of Economy and Finance’s Directorate-General of Personnel Costs and State Pensions.


    https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-ES-maximizeMS-en.do?clang=en&idSubpage=8&member=1
AllegroTrans
United Kingdom
Does not meet criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1488
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