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in re "Recurso de Hecho"

English translation: In re: complaint motion / 'de facto' appeal

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:in re "Recurso de Hecho"
English translation:In re: complaint motion / 'de facto' appeal
Entered by: Marina Menendez
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23:13 Nov 23, 2008
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: in re "Recurso de Hecho"
Estoy trantando de traducir un documento de las leyes argentinas y no logro dar con una traducción para esto: in re "Recurso de Hecho"
Maria J Miranda
United States
Local time: 11:35
In re: complaint motion / 'de facto' appeal
Explanation:
la expresión latina es muy usual en inglés


The name of this remedy
varies: in Ibero-American jurisdictions (Portugal, Spain and Latin-American countries)
it is usually called "recurso de queja" or "recurso de hecho", which roughly translates
as "complaint motion" or "de facto appeal".
(...)
Ecuador. Article 321 of the Codigo de Procedimiento Penal provides for a specific
remedy before the higher court (recurso de hecho), which shall be granted when
the judge or court has rejected requests filed by the parties for remedies
contemplated in the same Code.

http://www.icc-cpi.int/library/cases/ICC-01-04-141_English.p...
Selected response from:

Marina Menendez
Argentina
Local time: 15:35
Grading comment
Thank you for the help!!!
4 KudoZ points were awarded for this answer

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Summary of answers provided
5In re: complaint motion / 'de facto' appeal
Marina Menendez
4regarding Appeal on points of fact
Maria Elena Martinez
3remedy against flawed determination
Flavio Posse


Discussion entries: 1





  

Answers


8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
regarding Appeal on points of fact


Explanation:
XXXVIII, Appeal on points of fact, "Arancibia Clavel, Enrique Lautaro s/ homicidio ... (11) CSJN, S. 1767 XXXVIII, recurso de hecho, "Simón, Héctor Julio y ...
www.amnesty.org/es/library/asset/AMR22/006/2007/es/dom-AMR2...

An appeal on points of fact and law goes to the regional court, where an appeal panel decides the appeal. In particularly important cases concerning legal ...
ec.europa.eu/civiljustice/org_justice/org_justice_aus_en.htm - 54k - En caché - Páginas similares
[PDF] Are cases becoming too complex for the appeal courts? Rhian Howell ... - [ Traducir esta página ]Formato de archivo: PDF/Adobe Acrobat - Versión en HTML
appeal on points of fact where the facts are of a complicated or technical nature. The greater the. complexities in the case the less likely the Court of ...
www.beale-law.com/uploads/680958-2007.9-Are-cases-becoming-... - Páginas similares
The Federal Constitutional Court - [ Traducir esta página ]This means that before lodging a constitutional complaint, all available legal remedies (e.g. appeal on points of fact and law, appeal on points of law only ...
www.bundesverfassungsgericht.de/en/organization/vb_merkblat...

Maria Elena Martinez
Netherlands
Local time: 20:35
Native speaker of: Native in SpanishSpanish
PRO pts in category: 4
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2 hrs   confidence: Answerer confidence 5/5
In re: complaint motion / 'de facto' appeal


Explanation:
la expresión latina es muy usual en inglés


The name of this remedy
varies: in Ibero-American jurisdictions (Portugal, Spain and Latin-American countries)
it is usually called "recurso de queja" or "recurso de hecho", which roughly translates
as "complaint motion" or "de facto appeal".
(...)
Ecuador. Article 321 of the Codigo de Procedimiento Penal provides for a specific
remedy before the higher court (recurso de hecho), which shall be granted when
the judge or court has rejected requests filed by the parties for remedies
contemplated in the same Code.

http://www.icc-cpi.int/library/cases/ICC-01-04-141_English.p...

Marina Menendez
Argentina
Local time: 15:35
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 197
Grading comment
Thank you for the help!!!

Peer comments on this answer (and responses from the answerer)
neutral  Flavio Posse: Marina, el documento que ofrecés me llevó a mi respuesta, aunque no tengo forma de confirmarla. El documento me pareció muy educativo.
4 hrs
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7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
remedy against flawed determination


Explanation:
I don't think there's an equivalent in English because this issue is inherent to the appeals procedure of certain nations, such as: Argentina, Chile, Ecuador, El Salvador, Finland, Germany, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru, Portugal, Spain and Uruguay.

Read paragraphs 21 and 22 (pages 10 and 11 of the .pdf offered by Marina Menendez):

http://www.icc-cpi.int/library/cases/ICC-01-04-141_English.p...
"Direct access to appellate courts in comparative law
21. Therefore the next inquiry is whether there is any identifiable general principle of law,
relevant to the issue of the availability of review of the denial of leave to appeal by a
lower court, in the legal systems of the world. Research into the law of 24 national
jurisdictions representing both the Civil and the Common Law traditions, and the law
of a further three jurisdictions with a strong Islamic law component, shows the
existence of two major groups: (a) those where an appeal is always lodged before the
appellate court or, if filed with the lower or first court, it is immediately forwarded to
the former (certain civil law jurisdictions and the Islamic law systems reviewed); (b)
systems where, at least in certain instances, an appeal is filed with the lower or first
court and that court is empowered to make certain determinations as to the legal
requirements pertaining to the appeal (both civil and common law; the scope of these
determinations vary from jurisdiction to jurisdiction). In the first group there is no
need for a remedy vis-à-vis the first court's determination, as the appellate court is
involved in the potential appeal from the outset. In the second group, as explained
below, there is always a remedy against flawed determinations pertaining to the filing
of the appeal entered by the lower or first court.
22. The Prosecution has reviewed and analysed the laws of Argentina, Chile, Ecuador, El
Salvador, Finland, Germany, Guatemala, Honduras, Mexico, Nicaragua, Panama,
Peru, Portugal, Spain and Uruguay.24 In each of these systems a remedy exists where a
lower court unfairly fails to submit itself to appellate review. The Prosecution has also
reviewed other jurisdictions falling within the civil law tradition, namely Cambodia,
the Democratic Republic of the Congo, France, and China, which do not contemplate
any similar remedy. That absence is, as already stated, explained by the fact that in
these jurisdictions decisions on the admissibility of an appeal are exclusively reserved
to the higher court hearing the appeal, even when the appeal is initially to be filed with
the judge or tribunal that issued the impugned decision."

Flavio Posse
United States
Local time: 11:35
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 368
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Changes made by editors
Nov 24, 2008 - Changes made by Marina Menendez:
Created KOG entryKudoZ term » KOG term


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