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imputabilidad disminuida aunque no extinguida

English translation: responsibility / imputability diminished but not wholly extinguished

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:imputabilidad disminuida aunque no extinguida
English translation:responsibility / imputability diminished but not wholly extinguished
Entered by: Marion Marshrons
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05:57 Jan 31, 2001
Spanish to English translations [PRO]
Law/Patents
Spanish term or phrase: imputabilidad disminuida aunque no extinguida
"Este tribunal, [...] ha llegado a la apreciacion de que el ciudadano cuyas facultades mentales han sido examinadas presentaria en la actualidad, su imputabilidad disminuida aunque no extinguida."

This is an extract from the most recent arrest order against Augusto Pinochet. (I don't have any more of the actual text.)

Suggestion:
"This Court, [...] has reached the view that, in the case of the citizen whose mental faculties were examined, although the command of his faculties may be diminished, he is not unfit to stand trial."
Marion Marshrons
United Kingdom
Local time: 19:07
responsibility / diminished but not wholly extinguished
Explanation:
I think you have to stay closer to the ST, given the variety of meaning possible, and especially to 'diminuido' and 'extinguido'.

The couurts have tested his mental faculties and on this basis they consider his responsiblility to be diminished but not entirely extinguished.

el ciudadano presentaria su imputabilidad - disminuida aunque no extinguida

'Imputar' has the meaning (legal, not financial) of 'charge' or 'accuse' and the reverse side of the coin of 'accusation' is 'responsibility' whether 'zero' (innocent) or 'maximum' (guilty). The ACCUSATION remains the same, but the responsibility can be diminished (apart from the innocent or guilty outcome)or even extinguished on the grounds of mental incapacity.

Este tribunal, [...] ha llegado a la apreciacion de que el ciudadano cuyas facultades mentales han sido examinadas presentaria en la actualidad, su imputabilidad disminuida aunque no extinguida."

This court... concludes/has concluded that the citizen, whose mental faculties have been examined, has a diminished but not wholly extinguished responsibility/is liable to an extent that is diminished but not wholly extinguished.

Selected response from:

xxxLia Fail
Spain
Local time: 20:07
Grading comment
Thanks to all those who replied. Most were helpful in fully understanding the concept but the references provided by Ailish were the most complete.
4 KudoZ points were awarded for this answer

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Summary of answers provided
na"diminished, but not extinguished, capacity"
Elise Hendrick
nadiminished but not extinct responsibilityxxxHenri
nawould at currently present a diminished, albeit not wholly
Parrot
naresponsibility / diminished but not wholly extinguishedxxxLia Fail
naSee below
Gillian Hargreaves
naimputability has been diminished but not completely removed
Frank Johnson


  

Answers


22 mins
imputability has been diminished but not completely removed


Explanation:
"Imputabilidad" is literally "imputability," the ability to ascribe or attribute something (usually negative) to a person.


    Kaplan, Sp<>En Legal Dictionary
    Black's Law Dictionary
Frank Johnson
United States
Local time: 13:07
PRO pts in pair: 71
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2 hrs
See below


Explanation:
Imputabilidad is defined in Cabanellas/Hoague as "causal relationship between the actor and the criminal act". Therefore it seems more like the person's legal responsibility for the crime that is diminished rather than his fitness to stand. So how about:

"This Court, [...] has reached the view that, in the case of the citizen whose mental faculties were examined, the causal relationship between him and the criminal act is weakened but not eliminated."

Gillian Hargreaves
Local time: 19:07
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 359
Login to enter a peer comment (or grade)

4 hrs
responsibility / diminished but not wholly extinguished


Explanation:
I think you have to stay closer to the ST, given the variety of meaning possible, and especially to 'diminuido' and 'extinguido'.

The couurts have tested his mental faculties and on this basis they consider his responsiblility to be diminished but not entirely extinguished.

el ciudadano presentaria su imputabilidad - disminuida aunque no extinguida

'Imputar' has the meaning (legal, not financial) of 'charge' or 'accuse' and the reverse side of the coin of 'accusation' is 'responsibility' whether 'zero' (innocent) or 'maximum' (guilty). The ACCUSATION remains the same, but the responsibility can be diminished (apart from the innocent or guilty outcome)or even extinguished on the grounds of mental incapacity.

Este tribunal, [...] ha llegado a la apreciacion de que el ciudadano cuyas facultades mentales han sido examinadas presentaria en la actualidad, su imputabilidad disminuida aunque no extinguida."

This court... concludes/has concluded that the citizen, whose mental faculties have been examined, has a diminished but not wholly extinguished responsibility/is liable to an extent that is diminished but not wholly extinguished.



xxxLia Fail
Spain
Local time: 20:07
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1368
Grading comment
Thanks to all those who replied. Most were helpful in fully understanding the concept but the references provided by Ailish were the most complete.
Login to enter a peer comment (or grade)

7 hrs
would at currently present a diminished, albeit not wholly


Explanation:
extinguished imputability.
I.e., if you have to stick close to the original. However, your reading of phrase is quite correct, since it is not a diminished responsibility but a capacity to stand lucid trial.

Parrot
Spain
Local time: 20:07
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 7645
Login to enter a peer comment (or grade)

10 hrs
"diminished, but not extinguished, capacity"


Explanation:
"Este tribunal, [...] ha llegado a la apreciacion de que el ciudadano cuyas facultades mentales han sido examinadas presentaria en la actualidad, su imputabilidad disminuida aunque no extinguida."

"This Court has reached the conclusion that the citizen whose mental faculties have been examined, is of diminished, but not extinguished, capacity".

"Imputabilidad" can be translated in a number of ways, but generally refers in this context to liability/responsiblity. When discussing the mental faculties of a defendant who asserts a defence of insanity, the usual word that would be used is "capacity".

Elise Hendrick
United States
Local time: 14:07
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 4
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1 day 6 mins
diminished but not extinct responsibility


Explanation:
this my view

xxxHenri
Local time: 20:07
PRO pts in pair: 36
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