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desahogar la confesional

English translation: introduce the testimony

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18:15 Feb 4, 2012
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: desahogar la confesional
Another use of desahogar. Once again, from a Mexican document. Description of hearings to be held:

- LAS 9:00 HORAS DEL DIA VEINTIDOS DE ENERO DEL AÑO DOS MIL SIETE, en la que se desahogará la confesional de las demandadas empresa XXX y empresa YYY

- LAS 9:00 HORAS DEL DIA VEINTITRES DE ENERO DEL AÑO DOS MIL SIETE, en la que se desahogará la confesional como demandados y para hechos propios a cargo de Nombre Apellido XXX y Nombre Apellido YYY

Does this just mean to hear the confession of ...? Or is there a different meaning in Mexican law that I haven´t found in my googling?

Thanks all for all of your help.
Laura Kiernan
Spain
Local time: 18:26
English translation:introduce the testimony
Explanation:
Dictionary of Mexican Legal Terminology - Javier F. Becerra

desahogar pruebas - to introduce evidence previously proposed to and admitted for introduction by the court.

prueba confesional - ...testimony, admissions...

--------------------------------------------------
Note added at 2 hrs (2012-02-04 21:01:53 GMT)
--------------------------------------------------

of course that should be:
"testimony shall be introduced"

...the testimony of the defendant companies/defendants, XXX and YYY shall be introduced

--------------------------------------------------
Note added at 3 hrs (2012-02-04 21:15:22 GMT)
--------------------------------------------------

When the witness takes the oath, he is sworn; WHEN HE GIVES HIS NAME AND ADDRESS, TESTIMONY IS INTRODUCED; WHEN HE TESTIFIES on the merits, EVIDENCE IS HEARD. The majority of the cases couch the rule in terms of the hearing of evidence.
http://findacase.com/research/wfrmDocViewer.aspx/xq/fac.1975...

Until independent evidence or testimony is introduced in a trial of this nature the testimony of the accomplice is not even pertinent to the record. It is only at the time when the independent evidence or testimony is introduced which tends to connect the defendant with the commission of the crime that then and only then can the testimony of the accomplice be considered.
http://findacase.com/research/wfrmDocViewer.aspx/xq/fac.1959...

The issue of foundation goes to the admissibility of the evidence, and thus an objection based on foundation must be taken at the time the testimony is introduced.
http://findacase.com/research/wfrmDocViewer.aspx/xq/fac.1986...

the Court insisted that its opinion did not require everyone in the chain of custody to testify but then qualified that "what testimony is introduced must . . . be introduced live."
http://findacase.com/research/wfrmDocViewer.aspx/xq/fac.2011...

The order in which testimony is introduced is within the discretion of the presiding justice.
http://findacase.com/research/wfrmDocViewer.aspx/xq/fac.1951...


--------------------------------------------------
Note added at 4 hrs (2012-02-04 22:18:59 GMT)
--------------------------------------------------

As I understand it, the time and date is being set for the introduction of the testimony but without more context, I wouldn't like to presume that it could not be related to the defendants "absolviendo posiciones" (answering interrogatories).

--------------------------------------------------
Note added at 4 hrs (2012-02-04 23:02:52 GMT)
--------------------------------------------------

Certainly seems so! In which case, if you feel this applies to all instances of the term, "confesional", then you might consider Taña's references for your answer.
Selected response from:

Richard Hill
Mexico
Local time: 11:26
Grading comment
Thank you for your help; I ended up using a phrase that better fit the idea of absolviendo posiciones, but this answer could work in other contexts. Thanks!
2 KudoZ points were awarded for this answer

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Summary of answers provided
5to give testimony
Rosa Paredes
4introduce the testimony
Richard Hill
Summary of reference entries provided
This might help.
Helena Chavarria
Refs.
Taña Dalglish

  

Answers


2 hrs   confidence: Answerer confidence 5/5
to give testimony


Explanation:
bibleteacher.org/gt.htm
Introduction: If you were asked to give a personal testimony, would you be able to do it? Do you know what should be included or excluded from your testimony?
Sample sentence:
Los medios de prueba que se desahoguen en una audiencia previa a la de juicio oral, carecen valor probatorio para fundar la sentencia.....
http://forum.wordreference.com/showthread.php?t=189426

Rosa Paredes
Chile
Local time: 13:26
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 245
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
introduce the testimony


Explanation:
Dictionary of Mexican Legal Terminology - Javier F. Becerra

desahogar pruebas - to introduce evidence previously proposed to and admitted for introduction by the court.

prueba confesional - ...testimony, admissions...

--------------------------------------------------
Note added at 2 hrs (2012-02-04 21:01:53 GMT)
--------------------------------------------------

of course that should be:
"testimony shall be introduced"

...the testimony of the defendant companies/defendants, XXX and YYY shall be introduced

--------------------------------------------------
Note added at 3 hrs (2012-02-04 21:15:22 GMT)
--------------------------------------------------

When the witness takes the oath, he is sworn; WHEN HE GIVES HIS NAME AND ADDRESS, TESTIMONY IS INTRODUCED; WHEN HE TESTIFIES on the merits, EVIDENCE IS HEARD. The majority of the cases couch the rule in terms of the hearing of evidence.
http://findacase.com/research/wfrmDocViewer.aspx/xq/fac.1975...

Until independent evidence or testimony is introduced in a trial of this nature the testimony of the accomplice is not even pertinent to the record. It is only at the time when the independent evidence or testimony is introduced which tends to connect the defendant with the commission of the crime that then and only then can the testimony of the accomplice be considered.
http://findacase.com/research/wfrmDocViewer.aspx/xq/fac.1959...

The issue of foundation goes to the admissibility of the evidence, and thus an objection based on foundation must be taken at the time the testimony is introduced.
http://findacase.com/research/wfrmDocViewer.aspx/xq/fac.1986...

the Court insisted that its opinion did not require everyone in the chain of custody to testify but then qualified that "what testimony is introduced must . . . be introduced live."
http://findacase.com/research/wfrmDocViewer.aspx/xq/fac.2011...

The order in which testimony is introduced is within the discretion of the presiding justice.
http://findacase.com/research/wfrmDocViewer.aspx/xq/fac.1951...


--------------------------------------------------
Note added at 4 hrs (2012-02-04 22:18:59 GMT)
--------------------------------------------------

As I understand it, the time and date is being set for the introduction of the testimony but without more context, I wouldn't like to presume that it could not be related to the defendants "absolviendo posiciones" (answering interrogatories).

--------------------------------------------------
Note added at 4 hrs (2012-02-04 23:02:52 GMT)
--------------------------------------------------

Certainly seems so! In which case, if you feel this applies to all instances of the term, "confesional", then you might consider Taña's references for your answer.

Richard Hill
Mexico
Local time: 11:26
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 473
Grading comment
Thank you for your help; I ended up using a phrase that better fit the idea of absolviendo posiciones, but this answer could work in other contexts. Thanks!
Notes to answerer
Asker: Thank you, rich. This seems perfect ... my only qualm was what I had read in word reference, which Taña posted with her answer - the idea of confesional as a cross-examination or interrogatory. Though perhaps that explanation really refers to the interrogatory of the person making the confession? What do you think?

Asker: Thanks, rich. There is actually one part further down in the text (a different hearing), which reads as follows: LAS 9:00 HORAS DEL DIA XXX DEL AÑO YYY, en la que se desahogará, la confesional para hechos propios a cargo de Nombre Apellido ZZZ.(Dicho absolvente deberá de ser citado por conducto del C. Actuario) Seems like in this case they probably ARE talking about "absolviendo posiciones" and the "desahogar la confesional" must therefore refer to the interrogatory, no?

Asker: I think I will go with that, thank you for the confirmation!

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Reference comments


9 mins
Reference: This might help.

Reference information:
It has been discussed in wordreference.


    Reference: http://forum.wordreference.com/showthread.php?t=1136619
Helena Chavarria
Spain
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 301
Login to enter a peer comment (or grade)

28 mins
Reference: Refs.

Reference information:
These too may help:

http://esl.proz.com/kudoz/spanish_to_english/law_general/252...
introduce or present /provide evidence (in open court) / filling of documentary evidence

or
to provide evidence
Explicación:
para desahogar la prueba confesional = to provide confession evidence
In other contexts it would be "to hear" evidence, but in this case the subject is the one providing it.


http://forum.wordreference.com/showthread.php?t=1837565
Careful not to confuse Confesionales with Testimoniales. Confesionales are one of seven specific and commonly accepted types of evidence in Mexican trials (there can be exceptions depending on the type of trial):

1. Prueba Pericial (Expert Witness Statement): a document signed, or a statement made before the court by an expert witness.
2. Prueba Documental (Documentary Evidence): physical and electronic documents, phtographs, audio, video, etc.
3. Instrumental de Actuaciones (Court Documents): you can use court documents, from the case itself, as evidence.
4. Testimonial (Witness Statements): statements taken from the parties and/or witnesses.
5. Confesional (Cross-Examination or Interrogatory): the parties draft a list of questions to ask their respective counter-parties face-to-face and before the judge.
6. Presunción Legal y Humana (Legal and Human Presumtion): logical inferences made by the court based on prior evidence.
7. Inspección (Inspection): a physical inspection performed by an Actuario, the Judge, or both.

Finally, "desahogo" is translated as:

1. el desahogo de pruebas (the examination of evidence): is a specific portion of a trial in which the evidence submitted at the beginning of the trial is collected and examined.

2. desahogo de la confesión (performance of cross-examination or interrogatory): the parties take turns reading and answering interrogatories before the Judge; the order is often specified within a particular legal code.

Taña Dalglish
Jamaica
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 472
Note to reference poster
Asker: Thanks for the references, Taña! I had actually seen these, and they left me sort of confused ... the two instances seem to mean quite different things - providing confessional evidence vs performance of cross-examination or interrogatory. Can you (or anyone) shed some more light on the matter?

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