sanciones pecuniarias y accesorias

English translation: fines and ancillary penalties

17:18 Oct 13, 2018
Spanish to English translations [PRO]
Social Sciences - Law (general)
Spanish term or phrase: sanciones pecuniarias y accesorias
This is an ILO document on occupational safety and health:

Este apartado hace un repaso general de las legislaciones de distintos países seleccionados que se vinculan con responsabilidades administrativas (incluidas las sanciones pecuniarias y accesorias) y el régimen penal (a través de la definición de tipos penales por incumplimiento de normas vinculadas con las SST).

I would want to say "fines and others" or "including fines:

...provides an overview of legislation on administrative responsibilities (fines and others…) in selected countries

Or is there a more technical term?

Thanks
Wendy Gosselin
Local time: 21:24
English translation:fines and ancillary penalties
Explanation:
It's clear – and can be checked online – that penas accesorias are ones that can accompany the penas principales; they're almost always non-monetary, and can include things like bans on holding public office, working with children...

EU legislation
"Main & Ancillary Penalties (Table 7003)
4.6 For the purposes of this report we agreed that an ancillary penalty is one that cannot stand alone but is often applied with a main penalty. An example given to assist with clarification was the disqualification of an individual convicted of a customs offence from engaging in industrial or commercial activities."

However, "supplementary penalties" - as Manuel, above says - can also be found in Euro-legislation.
Selected response from:

Lester Tattersall
United Kingdom
Local time: 01:24
Grading comment
thanks
4 KudoZ points were awarded for this answer



Summary of answers provided
4fines and ancillary penalties
Lester Tattersall
4monetary and other supplementary penalties
Manuel Cedeño Berrueta
Summary of reference entries provided
pecuniary sanctions
andres-larsen

Discussion entries: 2





  

Answers


8 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
monetary and other supplementary penalties


Explanation:

In his Spanish-English Dictionary of Law and Business, Thomas West translates “sanción pecuniaria” as “monetary penalty”; and “sanción accesoria” can be translated as “supplementary penalty”.

I understand that fines are just a type of monetary/financial penalties, as can be seen in several sources, including the United States Code:

When a person is sentenced to the John R. Manson Youth Institution, Cheshire, for an offense for which a fine is provided by law as a supplementary penalty, the trial court shall impose no such supplementary penalty.
(https://law.justia.com/codes/connecticut/2013/title-18/chapt...


“In this respect, a fine imposed by a criminal court differs from a revenue financial penalty. Unless there is specific provision to the contrary ... a Court must indeed proportion the fine to the means of the offender.34 A revenue penalty, however, is generally of fixed amount (whether provided by statute or arrived at as a result of computation) and is payable in that sum without regard to the means of the offender subject only to such statutory mitigation as may be possible. For example, a Court would rarely impose a fine which would have the consequence that the Defendant would have to sell his or her house because to do so might be regarded as an extraordinary punitive measure. A revenue penalty, on the contrary, arises in a specified amount without regard to the means of the offender or what steps he will have to take to pay it. And there is generally only a limited amount of mitigation available, and that at the discretion of the revenue.”35
(http://www.lawreform.ie/_fileupload/Reports/rIndexationofFin...
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(b)FINE NOT TO IMPAIR ABILITY TO MAKE RESTITUTION.—
If, as a result of a conviction, the defendant has the obligation to make restitution to a victim of the offense, other than the United States, the court shall impose a ****fine or other monetary penalty**** only to the extent that such fine or penalty will not impair the ability of the defendant to make restitution
(…)
(1)
A person sentenced to pay a ****fine or other monetary penalty, including restitution****, shall make such payment immediately, unless, in the interest of justice, the court provides for payment on a date certain or in installments. If the court provides for payment in installments, the installments shall be in equal monthly payments over the period provided by the court, unless the court establishes another schedule
(https://www.law.cornell.edu/uscode/text/18/3572)
-------
(5) When a ***fine, assessment*** imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), ****other financial penalty or restitution**** is imposed on a corporation, it is the duty of the person or persons authorized to make disbursements from the assets of the corporation or association to pay it from such assets and their failure so to do may be held to be contumacious.
(https://law.justia.com/codes/new-jersey/2016/title-2c/sectio...



Manuel Cedeño Berrueta
Local time: 20:24
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 402
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1 day 1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
fines and ancillary penalties


Explanation:
It's clear – and can be checked online – that penas accesorias are ones that can accompany the penas principales; they're almost always non-monetary, and can include things like bans on holding public office, working with children...

EU legislation
"Main & Ancillary Penalties (Table 7003)
4.6 For the purposes of this report we agreed that an ancillary penalty is one that cannot stand alone but is often applied with a main penalty. An example given to assist with clarification was the disqualification of an individual convicted of a customs offence from engaging in industrial or commercial activities."

However, "supplementary penalties" - as Manuel, above says - can also be found in Euro-legislation.



    Reference: http://https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=C...
Lester Tattersall
United Kingdom
Local time: 01:24
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Grading comment
thanks
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Reference comments


7 hrs
Reference: pecuniary sanctions

Reference information:
Application of International Labour Standards 2018 - ILO
https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---.../w...
9 dic. 2017 - Abolition of Penal Sanctions (Indigenous Workers) Convention, 1955 (No. ...... the NORMLEX database, on the ILO website (www.ilo.org/normes). ...... measures to strengthen the existing pecuniary sanctions applicable to acts ...

The Fundamentals of Minimum Wage Fixing
https://books.google.com/books?isbn=9221170144 -
François Eyraud, ‎Catherine Saget, ‎International Labour Office - 2005 - ‎Business & Economics
Sanctions can be pecuniary or include imprisonment (see www.ilo.org/travail/database for examples of national practice). As far as supervision mechanisms are ...

andres-larsen
Venezuela
Native speaker of: Native in EnglishEnglish
PRO pts in category: 133
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