indicios probatorios

English translation: evidence/proof

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04:45 Mar 1, 2018
Spanish to English translations [PRO]
Law/Patents - Law (general) / criminal law
Spanish term or phrase: indicios probatorios
Term used in Guatemalan court. The document said something like this (a word was changed to keep confidentiality): "como indicios probatorios que se obtienen de los hechos establecidos, se concluye que el procesado sí es responsable".
Translator78
Guatemala
Local time: 04:25
English translation:evidence/proof
Explanation:
I think “indicios” is implied in proof or evidence in English.

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Note added at 1 hr (2018-03-01 06:04:53 GMT)
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I think I expressed myself badly above. I mean in this context the indicios is implicit as the evidence is rooted in the facts, whereas normally “indicios” would refer to circumstantial evidence.
Selected response from:

Richard Vranch
Local time: 11:25
Grading comment
indicios=circumstantial evidence but in the context provided it is just evidence or proof.
3 KudoZ points were awarded for this answer



Summary of answers provided
4 +1evidence/proof
Richard Vranch
4 +1rephrase it (see below)
AllegroTrans
3Circumstancial evidence with probative value
Seth Phillips


Discussion entries: 2





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
evidence/proof


Explanation:
I think “indicios” is implied in proof or evidence in English.

--------------------------------------------------
Note added at 1 hr (2018-03-01 06:04:53 GMT)
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I think I expressed myself badly above. I mean in this context the indicios is implicit as the evidence is rooted in the facts, whereas normally “indicios” would refer to circumstantial evidence.

Richard Vranch
Local time: 11:25
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 17
Grading comment
indicios=circumstantial evidence but in the context provided it is just evidence or proof.

Peer comments on this answer (and responses from the answerer)
agree  Sid Ralph
7 hrs

neutral  Sandro Tomasi: All proof is evidence, but not all evidence is proof.
14 hrs
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7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
rephrase it (see below)


Explanation:
The Spanish is rather heavy. I suggest rephrasing - suggestion:

The evidence derived from the established facts show the defendant to be liable

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Note added at 7 hrs (2018-03-01 12:20:34 GMT)
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Erratum: The evidence derived from the established facts shows the defendant to be liable


AllegroTrans
United Kingdom
Local time: 11:25
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1333

Peer comments on this answer (and responses from the answerer)
agree  Sandro Tomasi: I think evidence is good enough for this context. Your translation is missing, se concluye que, which I would translate as “we/I find.”
7 hrs
  -> thank you
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Circumstancial evidence with probative value


Explanation:
Need further context (preceeding and proceeding sentences) to give a more proper answer.

See Thomas West's remark under "Valoración / Apreciación de las pruebas":
"In Spanish-speaking countries the judge can weight in one of two ways: in some case he must assign it the weight given to it by statute (prueba tasada = prueba legal), and in other case he is allowed to use his best judgment (“sana crítica”) to determine how much probative value it has."

Actually, Indicios is a specific type of evidence (circumstancial evidence), not any type of evidence/proof. Indicios is short for Prueba de Indicios, synonymous with Prueba Circunstancial and Prueba Indiciaria. Also note, Pluralidad de indicios = Multiple pieces of circumstantial evidence.

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Note added at 11 hrs (2018-03-01 15:55:22 GMT)
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Thomas West:

indicios; prueba circunstancial; prueba indiciaria; prueba de indicios; indicios; [PRO CIV] circumstantial evidence

Rebecca Jowers:

Under 19.5.7 Prueba indiciaria
Prueba indiciaria; prueba de indicios; prueba por indicios; prueba indirecta; prueba circunstancial: Circumstantial evidence

Pluralidad de indicios: Multiple pieces of circumstantial evidence


Seth Phillips
Mexico
Local time: 05:25
Specializes in field
Native speaker of: English
PRO pts in category: 103

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: I see nothing in the source text to say this was circumstancial evidence
4 hrs
  -> Indicios is in the source, and indeed means circumstantial evidence. This is confirmed by a number of SP>EN legal dictionaries, including Tom West, as well as Rebecca Jower's lexicon. See references added above.

neutral  Sandro Tomasi: No doubt that prueba de indicios & indicios equal circumstantial evidence. In this context, indicios is tied in to evidence & a sentence. There is no criminal liability based circumstantial evidence.
12 hrs
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