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societas deliquere non potest.

English translation: societas delinquere non potest.

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:societas deliquere non potest.
English translation:societas delinquere non potest.
Entered by: Nikki Graham
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21:09 Dec 12, 2001
Spanish to English translations [PRO]
Law/Patents
Spanish term or phrase: societas deliquere non potest.
Estoy traduciendo una querella y se menciona esta frase en latín. Sé que no necesariamente será comprendida toda frase en latín por abogados / profesionales de los Estados Unidos.
Alguien sabe si esta frase sí se puede dejar en latín?
Caso contrario, alguien me puede ayudar con la traducción?
(la explicación es: associations of individuals, even when having legal status, cannot be active subjects of a crime
Aurora Humarán
Argentina
Local time: 01:45
societas delinquere non potest.
Explanation:
This may be a case of leaving it in the Latin and putting a brief explanation or translator's note. Have a look at the references and see what you think. One gives this translation: enterprises cannot be criminal (by the way, I think it's delinquere)


Article 2 - Responsibility of Legal Persons.

Criminal Responsibility of Legal Persons.

In Spain, due to the principle societas delinquere non potest, neither the Penal Code nor our case law accept that legal persons might be subject to criminal liability. However, case law, interpreting Article 31 of the Spanish Penal Code has established that the legal representatives or the representatives de facto of a company may be criminally liable for criminal offences committed under the name of the company.

As a result, the private individuals which act under the name or on behalf of the company will be criminally liable for the criminal offence, even though said private individuals do not meet the requirements or conditions legally established in order to be considered as "the offender", provided that the company does meet said requirements or conditions.

http://www.transparency.org/documents/work-papers/oecd_eval_...

In Germany (and countries such as Italy, Spain, Portugal, Greece and Poland inspired by German doctrines) the principle societas delinquere non potest has dominated legal theory. Imposing criminal liability on legal entities was ‘unthinkable’ until very recently.[18] However, this is a matter under active debate in many countries, and Portugal, for example, introduced a limited provision for corporate liability in its new Penal Code of 1983.[19]

http://www.lawsocnsw.asn.au/resources/lsj/archive/aug2001/62...

2. When a corporate behavior has been determined to constitute a crime, this act makes it possible to punish not only an individual perpetrator but also an enterprise itself. Several ways of punishing the enterprise itself exist. In the United States, for example, sanctions include putting the corporation in the custody of a U.S. Marshall, requiring reforms of operations, forcing community service by the corporation and/or individuals, fining, imposing substantial restitution, and providing notice to victims.[20] It can be admitted to be cumulative. In case of fining, the estimation of the illegal gains is not admitted generally, but in some countries there are special regulations where such an estimation is deemed to be necessary. For example, in case of surcharge in the Japanese Antimonopoly Act, law admits to settle the illegal gains to be deprived through rekoning a certain rate of the turn over of the enterprise with a clear numerical formula.[21] If national law does not permit corporate culpability, then the implementing legislation should reflect that limitation. However, we have seen that worldwide there is a tendency to attribute responsibility on an impersonal basis. Even in states that have traditionally adhered to the principle of societas delinquere non potest (enterprises cannot be criminal) there is a growing tendency toward imposing criminal liability on enterprises. Other countries adhere formally to the principle that an enterprise cannot be criminal, but they have looked for ways to impose non-criminal sanctions on those enterprises.
(1st ref)

However, the problem of collective guilt lies, in a sense, much deeper. The thought of rejecting collective guilt goes back to the most ancient times. It originated in the Old Testament, and through Hellenic culture and Christianity it spread over the entire world. In this way it has become the guiding legal principle of the entire moral order of the world. In Roman law this sentence was expressed clearly: Societas delinquere non potest. In modem times we have retained the thought of individual guilt.

http://www.yale.edu/lawweb/avalon/imt/proc/08-23-46.htm
Selected response from:

Nikki Graham
United Kingdom
Local time: 04:45
Grading comment
Mil gracias, aurora
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +4societas delinquere non potest.
Nikki Graham


  

Answers


32 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
societas delinquere non potest.


Explanation:
This may be a case of leaving it in the Latin and putting a brief explanation or translator's note. Have a look at the references and see what you think. One gives this translation: enterprises cannot be criminal (by the way, I think it's delinquere)


Article 2 - Responsibility of Legal Persons.

Criminal Responsibility of Legal Persons.

In Spain, due to the principle societas delinquere non potest, neither the Penal Code nor our case law accept that legal persons might be subject to criminal liability. However, case law, interpreting Article 31 of the Spanish Penal Code has established that the legal representatives or the representatives de facto of a company may be criminally liable for criminal offences committed under the name of the company.

As a result, the private individuals which act under the name or on behalf of the company will be criminally liable for the criminal offence, even though said private individuals do not meet the requirements or conditions legally established in order to be considered as "the offender", provided that the company does meet said requirements or conditions.

http://www.transparency.org/documents/work-papers/oecd_eval_...

In Germany (and countries such as Italy, Spain, Portugal, Greece and Poland inspired by German doctrines) the principle societas delinquere non potest has dominated legal theory. Imposing criminal liability on legal entities was ‘unthinkable’ until very recently.[18] However, this is a matter under active debate in many countries, and Portugal, for example, introduced a limited provision for corporate liability in its new Penal Code of 1983.[19]

http://www.lawsocnsw.asn.au/resources/lsj/archive/aug2001/62...

2. When a corporate behavior has been determined to constitute a crime, this act makes it possible to punish not only an individual perpetrator but also an enterprise itself. Several ways of punishing the enterprise itself exist. In the United States, for example, sanctions include putting the corporation in the custody of a U.S. Marshall, requiring reforms of operations, forcing community service by the corporation and/or individuals, fining, imposing substantial restitution, and providing notice to victims.[20] It can be admitted to be cumulative. In case of fining, the estimation of the illegal gains is not admitted generally, but in some countries there are special regulations where such an estimation is deemed to be necessary. For example, in case of surcharge in the Japanese Antimonopoly Act, law admits to settle the illegal gains to be deprived through rekoning a certain rate of the turn over of the enterprise with a clear numerical formula.[21] If national law does not permit corporate culpability, then the implementing legislation should reflect that limitation. However, we have seen that worldwide there is a tendency to attribute responsibility on an impersonal basis. Even in states that have traditionally adhered to the principle of societas delinquere non potest (enterprises cannot be criminal) there is a growing tendency toward imposing criminal liability on enterprises. Other countries adhere formally to the principle that an enterprise cannot be criminal, but they have looked for ways to impose non-criminal sanctions on those enterprises.
(1st ref)

However, the problem of collective guilt lies, in a sense, much deeper. The thought of rejecting collective guilt goes back to the most ancient times. It originated in the Old Testament, and through Hellenic culture and Christianity it spread over the entire world. In this way it has become the guiding legal principle of the entire moral order of the world. In Roman law this sentence was expressed clearly: Societas delinquere non potest. In modem times we have retained the thought of individual guilt.

http://www.yale.edu/lawweb/avalon/imt/proc/08-23-46.htm



    Reference: http://www.seweb.uci.edu/users/dimento/Cho.htm
    Reference: http://europa.eu.int/comm/environment/impel/criminal.pdf
Nikki Graham
United Kingdom
Local time: 04:45
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 5584
Grading comment
Mil gracias, aurora

Peer comments on this answer (and responses from the answerer)
agree  Patricia Lutteral: Agree, agree and agree. It is "delinquere", leave it in Latin and add translation in parentheses (Legal entities cannot commit crimes) Sounds familiar, like Argentine Supreme Court justifying former presidents... :-))
2 hrs
  -> yes, that's a much better translation, thank you

agree  Maria: Good job, Nikki. ;o)
3 hrs
  -> Thanks

agree  AndrewBM: Astounding discovery!
6 hrs
  -> Thank you

agree  Gabriela Tenenbaum: great! o "en Derecho penal sólo responden las personas físicas y no las Jurídicas" (Sp.version) #:))
22 hrs
  -> Thanks!!
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