bajo opercibimiento de incurrir en delito de desobediencia.

English translation: or to face [possible] contempt-of-court charges

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09:41 May 9, 2018
Spanish to English translations [PRO]
Law/Patents - Law (general) / legal procedure
Spanish term or phrase: bajo opercibimiento de incurrir en delito de desobediencia.
From a court order (Spain) to search and enter a premises and seize computer equipment:

Full sentence: Las autoridades y agentes encargados de la investigación podrán ordenar a cualquier persona que conozca el funcionamiento del sistema informático o las medidas aplicadas para proteger los datos informáticos contenidos en el mismo que facilite la información que resulte necesaria, siempre que de ello no derive una carga desproporcionada para el afectado, bajo apercibimiento de incurrir en delito de desobediencia.

I presume the "delito de desobediencia" is contempt of court, but my real problem is how to integrate this last part into my sentences, as it is not clear who is being warned, or by whom....
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MJ Barber
Spain
Local time: 04:58
English translation:or to face [possible] contempt-of-court charges
Explanation:
The person asked to provide the information in question is being warned that failure to do so may result in being found in contempt of court

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Note added at 3 hrs (2018-05-09 12:49:25 GMT)
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Literally, "bajo apercibimiento" means "having been warned," and so you could translate the phrase with "having been warned." But this seems unnecessarily wordy here.
Selected response from:

Robert Forstag
United States
Local time: 22:58
Grading comment
Thank you very much.
4 KudoZ points were awarded for this answer



Summary of answers provided
4under caution to commit the crime of obstructing governmental administration
Sandro Tomasi
2 +2or to face [possible] contempt-of-court charges
Robert Forstag


Discussion entries: 3





  

Answers


1 hr   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): +2
bajo apercibimiento de incurrir en delito de desobediencia.
or to face [possible] contempt-of-court charges


Explanation:
The person asked to provide the information in question is being warned that failure to do so may result in being found in contempt of court

--------------------------------------------------
Note added at 3 hrs (2018-05-09 12:49:25 GMT)
--------------------------------------------------

Literally, "bajo apercibimiento" means "having been warned," and so you could translate the phrase with "having been warned." But this seems unnecessarily wordy here.

Robert Forstag
United States
Local time: 22:58
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 758
Grading comment
Thank you very much.

Peer comments on this answer (and responses from the answerer)
agree  neilmac
1 hr
  -> Thank you, neilmac!

agree  AllegroTrans: But not hyphenated
4 hrs
  -> Thank you, AT.
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
bajo apercibimiento de incurrir en delito de desobediencia.
under caution to commit the crime of obstructing governmental administration


Explanation:
If it is only law enforcement, use New York. If it involves the courts, use Oregon.

You could also say, upon notice of....

New York
Section 195.05 Obstructing governmental administration in the second degree

A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act, or by means of interfering, whether or not physical force is involved, with radio, telephone, television or other telecommunications systems owned or operated by the state, or a county, city, town, village, fire district or emergency medical service or by means of releasing a dangerous animal under circumstances evincing the actors intent that the animal obstruct governmental administration.
Obstructing governmental administration is a class A misdemeanor.

Oregon
162.235 Obstructing governmental or judicial administration.

(1) A person commits the crime of obstructing governmental or judicial administration if the person intentionally obstructs, impairs or hinders the administration of law or other governmental or judicial function by means of intimidation, force, physical or economic interference or obstacle.
(2) This section shall not apply to the obstruction of unlawful governmental or judicial action or interference with the making of an arrest.
(3) Obstructing governmental or judicial administration is a Class A misdemeanor.

Sandro Tomasi
Local time: 22:58
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 460

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: I can't see how either New York or Oregon have anything to do with a Spanish court order, or how government administration is involved; this could easily be from civil proceedings between private organisations
1 hr
  -> Where does it say that it is a Spanish court order? Asker did not specify whether the crime is a desobediencia a la autoridad or a desobediencia judicial. Moreover, wouldn’t contempt be desacato?

neutral  Taña Dalglish: In this case, the Asker was very clear: "From a court order (Spain) to search and enter a premises .../Your response should be addressed to the Asker, and the question is closed, as the answer seems to fit her text.
15 hrs
  -> Your confusing the court order given to the authorities to enter and search with the order given by the authorities to a person on the premises. Refusing a court order is contempt; refusing an order from law enforcement cannot be contempt of court.
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