Glossary entry

Spanish term or phrase:

a quienes se ha recibido declaración con las garantías procesales

English translation:

from whom there has been received a statement with guarantees of a fair trial

Added to glossary by Wendy Cummings
Jun 30, 2020 07:55
3 yrs ago
32 viewers *
Spanish term

a quienes se ha recibido declaración con las garantías procesales

Spanish to English Law/Patents Law (general) Criminal procedure
Taken from an AUTO in a criminal case:

El presente procedimiento se está siguiendo contra R y K como imputado/a/s, a quien/es se ha recibido declaración con las garantías procesales correspondientes y a quien/es se le/s atribuye la comisión de delito/s de V.DOMÉSTICA Y DE GÉNERO.LESIONES/MALTRATO FAMILIAR que aparece/n debidamente descrito/sen el atestado que ha dado origen a estas actuaciones.

I am unsure whether the accused parties gave or received the statement, and thus whether the garantias are due process or some form of bond.

Proposed translations

+1
1 hr
Selected

from whom /there/ has been recvd. a statement made u.c. with guarantees of a fair trial

'There has been received' as an impersonal expression to detract from the belting that the victim must have received.

Fair trial in the UK and due process in the US,

Statment made in what might have been something like an 'interview under police caution' > u.c. - under caution in the UK.
Peer comment(s):

agree AllegroTrans : omit u.c.
1 day 5 hrs
Thanks, AT. The u.c. had been deliberately abbreviated to play down or defuse (Daily Mail on Line: diffuse) the Anglo-centric police or HMRC ! 'interview under caution' impact.
Something went wrong...
4 KudoZ points awarded for this answer.
+1
1 day 3 hrs

from whom a statement has been received in accordance/compliance with due process guarantees

This may be another option or two.

And without a doubt, I would say that the proper preposition here is 'from' (i.e., 'from whom ... declaration is received/taken').

39th session of the Human Rights Council: Opening
Sep 10, 2018 - ... be encouraged to ensure that the review of all cases is transparent, **with due process guarantees** such as effective legal representation.
https://reliefweb.int/report/world/39th-session-human-rights...

Reviewing Agency Action for Inconsistency with Prior ... - Corecore.ac.uk
will force the agencies to **comply with due process guarantees** in deter- mining whether an entitlement is due. 10. 2. See id. § 701(a)(2) (precluding from review ...
by HJ Krent - ‎1997 - ‎Cited by 59 - ‎Related articles
https://core.ac.uk/reader/217432404

Advanced Research Report - Edge Hill Universitywww.edgehill.ac.uk › Report-Administrative-DetentionPDF
Apr 23, 2018 - In place of a conventional process of prosecution for a criminal ... **“complies with due process guarantees** and rights under the Convention”.421.
https://www.edgehill.ac.uk/law/files/2019/10/Report-Administ...
Peer comment(s):

agree AllegroTrans
2 hrs
Many thanks :-)
Something went wrong...
-1
16 hrs

to whom a declaration with procedural guarantees has been received

It's taken from information about a domestic crime and legal proceedings.

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Note added at 2 days 15 hrs (2020-07-02 23:25:41 GMT)
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I understood that the person received written notice of legal proceedings (procedural guarantees) which were addressed to him or her.
Example sentence:

El presente procedimiento se está siguiendo como imputado, a quien se ha recibido declaración con las garantías procesales correspondientes y a quien se le contribuye la comisión de delito (maltrato familiar) que aparece debidamente descrito el atesta

The present process is following as accused to whom a declaration of corresponding procedural guarantee has been received and to whom the commissions attributed crime (domestic abuse) with a duly described statement which has originated new updated info

Peer comment(s):

disagree AllegroTrans : to whom... has been received isn't English
13 hrs
Something went wrong...
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