formular denuncias y querellas penales

English translation: to file crime reports and enter appearances as a party to criminal proceedings

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:formular denuncias y querellas penales
English translation:to file crime reports and enter appearances as a party to criminal proceedings
Entered by: Rebecca Jowers

21:11 Jan 4, 2017
Spanish to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright / Power of Attorney (Michoacán, Mexico)
Spanish term or phrase: formular denuncias y querellas penales
Hello ProZ,

I need help with the translation of the following phrase: “formular denuncias y querellas penales”


Context: PARA PLEITOS Y COBRANZAS, con todas las facultades generales y las especiales que requieran cláusula especial conforme a la Ley, a fin de que se sirva representarme en todos los negocios que tengo actualmente y en los que se me ofrezcan en lo sucesivo, en materia Civil, Penal, Fiscal, Mercantil, Administrativa, para formular denuncias y querellas penales por delitos que se hayan cometido y se cometan en mi perjucio,

My attempt: FOR COLLECTIONS AND LAWSUITS, all general powers and even any special powers requiring a special clause in accordance with the Law, for the purposes of representing me in all of the businesses that I currently have and in the following which are offered to me: Civic, Criminal, Tax, Commercial, Administrative matters, to file complaints and lawsuits for crimes that have been committed and committed to damage my reputation.
Angelv04
United States
Local time: 00:41
to file crime reports and enter appearances as a party to criminal proceedings
Explanation:
(You may certainly word this otherwise.)

Your translation of “denuncias y querellas” as “complaints and lawsuits” suggests that these are civil procedure terms, when they are actually aspects of criminal procedure. A “denuncia” is a “crime report” made to the police by a witness or person having knowledge of the offense on which the police may follow up, but once made, the matter is out of the hands of the person reporting the crime. In contrast, a “querella” is crime report in which the victim reports the crime and asks to enter an appearance as private prosecutor in the criminal proceedings.

Since your text is from Mexico, this may be of interest:

https://legalzone.com.mx/diferencia-entre-querella-denuncia-...

This blog entry explains in detail how this works in Spain. There may be differences with Mexican criminal procedure, but perhaps it may provide some useful vocabulary:

https://rebeccajowers.com/2016/08/08/espanol-juridico-9/



--------------------------------------------------
Note added at 38 mins (2017-01-04 21:49:37 GMT)
--------------------------------------------------

I would avoid using "complaint" here, since this would likely prompt a miscue, suggesting that "denuncia" and "querella" are civil procedure terms when they are not. In that regard, a complaint is "The initial pleading that starts a civil action, and states the basis for the court's jurisdiction, the basis for the plaintiff's claim, and the demand for relief." (Black's Law Dictionary, 8th ed.) Thus "complaint" is what is generally called in Spanish a "demanda" or "escrito de demanda", initiating a plaintiff or claimant's (demandante) civil action against a named defendant (demandado).

--------------------------------------------------
Note added at 17 hrs (2017-01-05 15:01:06 GMT)
--------------------------------------------------

To add a note to Sandro's comment (for lack of space below):

The most common meaning of "complaint" is "the initial pleading filed in a civil action." If "complaint" is to be used for either "denuncia" or "querella", in order to avoid a miscue perhaps it would be best to call it a "criminal complaint".

"Enter an appearance" is indeed "personarse." When the victim files a "querella" he not only reports the crime, but also indicates that he wishes to exercise his right to become a party to the proceedings (i.e., "personarse", enter an appearance as a party to the proceedings) as private prosecutor ("acusador particular"). This is described here:

PERSONARSE EN EL PROCEDIMIENTO PENAL
https://practicajuridicayempresarial.blogspot.fr/2011/04/per...

And precisely one of the common fees charged by Spanish criminal lawyers is for filing an "escrito de personación en procedimiento penal."

PLAZOS PARA PERSONARSE COMO ACUSADOR PARTICULAR
http://www.lorenatabanera.es/plazos-para-personarse-como-acu...

For other examples, google "personación como acusador particular" (gets 3,000 hits)
Selected response from:

Rebecca Jowers
Spain
Local time: 06:41
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2to file crime reports and enter appearances as a party to criminal proceedings
Rebecca Jowers
4file complaints and private-prosecution complaints
Sandro Tomasi
4file criminal charges and complaints
Joshua Parker


  

Answers


22 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
file criminal charges and complaints


Explanation:
charges (querellas) (se ejerce acción penal)
complaints (denuncias)

Joshua Parker
Mexico
Local time: 21:41
Works in field
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
neutral  Rebecca Jowers: "Complaint" would likely prompt a miscue here, since it is generally a civil procedure rather than a criminal procedure term. I will post an additional comment to my initial answer.
28 mins
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25 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
file complaints and private-prosecution complaints


Explanation:
d

Sandro Tomasi
Local time: 00:41
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish

Peer comments on this answer (and responses from the answerer)
neutral  Rebecca Jowers: "Complaint" would likely prompt a miscue here, since it is generally a civil procedure rather than a criminal procedure term. I will post an additional comment to my initial answer.
25 mins
  -> Complaint is a polysemic word. One sense: "a document sworn to by a victim or police officer that sets forth a criminal violation...." https://www.merriam-webster.com/dictionary/complaint

neutral  philgoddard: You can't say "complaints and complaints".
27 mins
  -> You've misquoted me.
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27 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
to file crime reports and enter appearances as a party to criminal proceedings


Explanation:
(You may certainly word this otherwise.)

Your translation of “denuncias y querellas” as “complaints and lawsuits” suggests that these are civil procedure terms, when they are actually aspects of criminal procedure. A “denuncia” is a “crime report” made to the police by a witness or person having knowledge of the offense on which the police may follow up, but once made, the matter is out of the hands of the person reporting the crime. In contrast, a “querella” is crime report in which the victim reports the crime and asks to enter an appearance as private prosecutor in the criminal proceedings.

Since your text is from Mexico, this may be of interest:

https://legalzone.com.mx/diferencia-entre-querella-denuncia-...

This blog entry explains in detail how this works in Spain. There may be differences with Mexican criminal procedure, but perhaps it may provide some useful vocabulary:

https://rebeccajowers.com/2016/08/08/espanol-juridico-9/



--------------------------------------------------
Note added at 38 mins (2017-01-04 21:49:37 GMT)
--------------------------------------------------

I would avoid using "complaint" here, since this would likely prompt a miscue, suggesting that "denuncia" and "querella" are civil procedure terms when they are not. In that regard, a complaint is "The initial pleading that starts a civil action, and states the basis for the court's jurisdiction, the basis for the plaintiff's claim, and the demand for relief." (Black's Law Dictionary, 8th ed.) Thus "complaint" is what is generally called in Spanish a "demanda" or "escrito de demanda", initiating a plaintiff or claimant's (demandante) civil action against a named defendant (demandado).

--------------------------------------------------
Note added at 17 hrs (2017-01-05 15:01:06 GMT)
--------------------------------------------------

To add a note to Sandro's comment (for lack of space below):

The most common meaning of "complaint" is "the initial pleading filed in a civil action." If "complaint" is to be used for either "denuncia" or "querella", in order to avoid a miscue perhaps it would be best to call it a "criminal complaint".

"Enter an appearance" is indeed "personarse." When the victim files a "querella" he not only reports the crime, but also indicates that he wishes to exercise his right to become a party to the proceedings (i.e., "personarse", enter an appearance as a party to the proceedings) as private prosecutor ("acusador particular"). This is described here:

PERSONARSE EN EL PROCEDIMIENTO PENAL
https://practicajuridicayempresarial.blogspot.fr/2011/04/per...

And precisely one of the common fees charged by Spanish criminal lawyers is for filing an "escrito de personación en procedimiento penal."

PLAZOS PARA PERSONARSE COMO ACUSADOR PARTICULAR
http://www.lorenatabanera.es/plazos-para-personarse-como-acu...

For other examples, google "personación como acusador particular" (gets 3,000 hits)


Rebecca Jowers
Spain
Local time: 06:41
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 104
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Toni Castano: I would just add that the "denuncia" is an obligation for all citizens who are aware of the commission of a crime.
15 mins
  -> Thanks, Toni, good point. That's the case in Spain; I assume it would be the same in Mexico (the asker's text is from Mexico)

neutral  Sandro Tomasi: Complaint is a polysemic word. Black's is missing the police sense. "enter appearances as a party to criminal proceedings" does not differintiate bet. pros/def/private pros. // But "enter an appearance" is "personarse."
18 mins
  -> "Complaint" is universally recognized as the initial pleading in a civil action. Black's doesn't miss much. Perhaps "enter an appearance as private prosecutor"? // Hi again, Sandro. I will post an additional comment above for lack of space here.

agree  philgoddard: Or, more concisely, "take part in criminal proceedings".
23 mins
  -> Yes, the querellante literally enters an appearance as a party to the prosecution (as a "private proseccutor")
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