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straffebud

English translation: criminal sentence or sanction

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Norwegian term or phrase:straffebud
English translation:criminal sentence or sanction
Entered by: dmesnier

20:13 Dec 17, 2022
Norwegian to English translations [PRO]
Law (general) / Policy recommednations
Norwegian term or phrase: straffebud
Hi, trying to find a decent translation for "staffebud" Is this closer to "sentencing guidelines" or straight "sentencing" or perhaps something other than these? Examples of use are as follows:


Sikre klar og presis utforming i reviderte straffebud for å legge til rette for et godt samspill mellom straffeloven og straffeprosessloven

VDersom et samtykkebasert straffebud skal innføres, må ordlyd og forarbeider klart kommunisere når et virksomt samtykke er avgitt, slik at det ikke oppstår usikkerhet ved lovtolkningen.

Thanks for your help!
dmesnier
United States
Local time: 14:39
criminal sentence or sanction
Explanation:
Neither translation is dictionary-driven, but not a reason to discount what is used in criminal law practic/se.

Penal clause or provision (also Patrick Chaffey, NOR/ENG Juridisk Ordbok) strikes me as ambiguous for a breach of contract remedy or for breach of a civil injunction (e.g. 'backed by committal to prison for contempt of court').

Dersom et samtykkebasert straffebud -> consent-based rings bells from English (US American?) criminal law where the offender needs to agree to certain types of punishment, like a CSO - community service order and/or a fine and/or incarceration.

I'm unsure 'sentencing provision' as in the first weblink -let alone Sentencing Guideline devised by a sentencing commission - works in this context.

Selected response from:

Adrian MM.
Austria
Grading comment
Thanks for your help!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1penal provision
Charles Ek
3criminal sentence or sanction
Adrian MM.


Discussion entries: 4





  

Answers


7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
penal provision


Explanation:
Ordnett has “penal provision” and “penal clause” as the two alternatives. The first one fits here and everywhere else I checked.

Charles Ek
United States
Local time: 14:39
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 83

Peer comments on this answer (and responses from the answerer)
agree  Christopher Schröder: On reflection, yes these do work
4 days
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
criminal sentence or sanction


Explanation:
Neither translation is dictionary-driven, but not a reason to discount what is used in criminal law practic/se.

Penal clause or provision (also Patrick Chaffey, NOR/ENG Juridisk Ordbok) strikes me as ambiguous for a breach of contract remedy or for breach of a civil injunction (e.g. 'backed by committal to prison for contempt of court').

Dersom et samtykkebasert straffebud -> consent-based rings bells from English (US American?) criminal law where the offender needs to agree to certain types of punishment, like a CSO - community service order and/or a fine and/or incarceration.

I'm unsure 'sentencing provision' as in the first weblink -let alone Sentencing Guideline devised by a sentencing commission - works in this context.



Example sentence(s):
  • *Offenders consent* to community service orders to avoid prison sentences of which they are not in danger.
  • A penalty clause is a clause within a contract that seeks to make the counterparty responsible for paying a large sum of money if they breach the contract.

    Reference: http://www.proz.com/personal-glossaries/entry/2370156-straff...
    Reference: http://www.proz.com/kudoz/norwegian-to-english/law-general/1...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 56
Grading comment
Thanks for your help!

Peer comments on this answer (and responses from the answerer)
neutral  Christopher Schröder: See discussion
1 day 19 hrs
  -> The contract angle of penal (penalty) provision or clause had been my point, rather than yours. Even if consent refers to the victim, a consent-based 'offenc/se' does not come within the parameters of 'straffebud'. If it does, then post a proper answer.
neutral  Charles Ek: I have NO idea why the two of you have wandered into contract law, especially after one of you even cited the link to the source. This has everything to do with criminal law.
4 days
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