Agrupaciones Ilicitas

English translation: Illicit/Ilegal/Unlawful Association

14:21 Nov 19, 2020

Spanish to English translations [PRO]
Law/Patents - Law (general) / Criminal; El Salvador

Spanish term or phrase: Agrupaciones Ilicitas

Hello, I am reviewing some translations that were worked on by multiple people, but it seems none of them came to a consensus as to how to translate the different crimes as some or all have a different variation of the translation. I posted another question related to it for DELITO ASOCIATIVO.

This is from El Salvador and I have been using their Penal Code as a reference to understand what these mean so that they can be standardized and translated in the best way possible into English. It's about the Penal Code regarding gangs (MS13, 18th Street), more specifically Ley de Proscripción de Maras, Pandillas, Agrupaciones, Asociaciones y Organizaciones de Naturaleza Criminal

I'm seeing different variations such as ILLICIT GROUPINGS, ILLICIT GROUPS, ILLEGAL GROUPS, ILLEGAL GROUPINGS

My understanding of this is that it's the crime of TAKING PART IN ILLEGAL GROUPS; in other words, being a gang member.

Any input would be greatly appreciated.

Janelly Palacios KudoZ activity Questions: 3 (2 open) Answers: 0 United States
Local time: 17:16

English translation:Illicit/Ilegal/Unlawful Association

Explanation:
Any of them would do, in my opinion. See ref.

Selected response from:

Sergio Kot
Israel

Grading comment

Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer

Summary of answers provided

4 +2

Illicit/Ilegal/Unlawful Association

Sergio Kot

4 +1

Criminal conspiracy

Julieta Dambolena (X)

4 +1

(membership of an) illegal group

philgoddard

US and UK: unlawful combination

Adrian MM.

Criminal Enterprise

Sandro Tomasi

Illicit groupings

neilmac

Joint criminal venture/enterprise

AllegroTrans

Discussion entries: 2

Answers

7 mins confidence:

peer agreement (net): +1

Criminal conspiracy

Explanation:
My suggestion.

Conspiracy: 1-Agreement between 2 or more persons to commit a specified offense, (e.g. robbery) 2- The criminal enterprise of 2 or more persons who have entered into an agreement for this offense to be charged (e.g. smuggling)

Taken from Black\'s Law and the Criminal Justice Dictionaries

https://www.fjrcriminaldefense.com/blog/2018/08/how-is-criminal-conspiracy-defined/

Julieta Dambolena (X)
Argentina
Local time: 19:16
Works in field
Native speaker of:

Spanish

57 mins confidence:

San Salv.: agrupación ilícita US and UK: unlawful combination

Explanation:
'Como es sabida' or I thought it was, Trade Unions in GB used to be outlawed as 'unlawful combinations'.

Example sentence(s):

The Combination Act 1799 (39 Geo. III, c. 81) titled An Act to prevent Unlawful Combinations of Workmen, prohibited trade unions and collective bargaining
Combination. In Criminal Law, an agreement between two or more people to act jointly for an unlawful purpose; a conspiracy.

Reference: http://www.elsalvador.com/eldiariodehoy/la-mayoria-de-captur...
Reference: http://definitions.uslegal.com/u/unlawful-combination/

Adrian MM.
Austria
Specializes in field
Native speaker of:

English
PRO pts in category: 574

1 hr confidence:

peer agreement (net): +1

(membership of an) illegal group

Explanation:
All of the versions chosen by your translators - illegal, illicit, unlawful, group, grouping - are correct. You simply have to choose one to maintain consistency.

philgoddard
United States
Specializes in field
Native speaker of: English
PRO pts in category: 868

1 hr confidence:

Criminal Enterprise

Explanation:
18 U.S. Code §1961. Definitions...
(4) “enterprise” includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity;

21 U.S. Code § 848 - Continuing criminal enterprise ...
(a) Penalties; forfeitures
Any person who engages in a continuing criminal enterprise shall be sentenced to ...
(b) ...
(c) “Continuing criminal enterprise” defined
For purposes of subsection (a), a person is engaged in a continuing criminal enterprise if—
(1) he violates any provision of this subchapter or subchapter II the punishment for which is a felony, and
(2) such violation is a part of a continuing series of violations of this subchapter or subchapter II—
(A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and
(B) from which such person obtains substantial income or resources.

https://www.law.cornell.edu/uscode/text/21/848

Sandro Tomasi
Local time: 18:16
Specializes in field
Native speaker of:

English,

Spanish
PRO pts in category: 558

2 hrs confidence:

peer agreement (net): +2

Illicit/Ilegal/Unlawful Association

Explanation:
Any of them would do, in my opinion. See ref.

Example sentence(s):

The grouping of individuals to carry out activities classified as illegal by the penal code is recognized as an illicit association.
The penalties for unlawful association may vary depending on the criminal activity, the position in the organization and the country in which the crime occurs and the detention.

https://www.internationallawyersassociates.com/en/illicit-association/

Sergio Kot
Israel
Works in field
Native speaker of:

Hebrew,

Spanish
PRO pts in category: 47

Grading comment

Selected automatically based on peer agreement.

3 hrs confidence:

Illicit groupings

Explanation:
I was originally going to post "Criminal association/s." (The Crime of Associating with Criminals ).
However, I found some sound references for the literal translation "illicit groupings", according to ICE: (Medina-Molina, 33, wanted for aggravated theft and illicit groupings ...)
https://scholarlycommons.law.northwestern.edu/cgi/viewconten...

https://www.ice.gov/news/releases/ice-removes-2-wanted-salva...

--------------------------------------------------
Note added at 3 hrs (2020-11-19 17:33:58 GMT)
--------------------------------------------------

Although, I still tend to favour "criminal association" or "association with known criminals" for the actual name of the specific charge.

Example sentence(s):

... wanted in his home country on criminal conspiracy and illicit groupings charges.
FGR ordered the arrest of former Defense Minister David Munguía Payés for the crimes of Illicit Groupings,

Reference: http://https://www.lawinsider.com/dictionary/criminal-associ...
Reference: http://https://www.nationalgangcenter.gov/Gang-Related-News?...

neilmac
Spain
Local time: 00:16
Native speaker of:

English
PRO pts in category: 662

11 hrs confidence:

Joint criminal venture/enterprise

Explanation:
I believe this to be a group of two or more individuals forming an intention to commit crime. It is not a conspiracy per se

Note that these are common law doctrines but I think they are sufficiently equivalent to be used here

Joint enterprise is a doctrine of common law dating back several centuries that has been developed by the courts to allow for more than one person to be charged and convicted of the same crime.

If it can be proved that the participants were working together in some way, then they are all guilty of all the crimes committed during the course of their joint enterprise, regardless of the role they played.

Unlike the crime of conspiracy, in which the offence consists of merely agreeing to commit a crime, in joint enterprise all parties are convicted of the actual offence, for example: murder.

Related article: Data – joint enterprise in numbers

Scenarios:

The three following scenarios were put forward by the Crown Prosecution Service to demonstrate types of joint enterprise:

1. Where two or more people join in committing a single crime, in circumstances where they are, in effect, all joint principals

E.g. P1 and P2 agree to commit a robbery. Each plays a part in carrying out the conduct element: together they attack and take money off security men making a cash delivery. Both are liable for robbery as joint principals.

2. Where D assists or encourages P to commit a single crime
E.g. P and D commit a burglary. P alone enters as a trespasser

and steals from the premises. D assists or encourages P by driving P to and from the scene and/or acting as a look-out, knowing that P is going to commit burglary. Both are liable for the burglary, P as the principal, D as an accomplice.

3. Where P and D participate together in one crime (crime A) and in the course of it P commits a second crime (crime B) which D had foreseen he might commit

E.g. D and P carry out a burglary (offence A). P acts as principal, entering the premises and stealing. D assists or encourages P by acting as a look-out. However, in the course of the burglary, P kills householder V, with intent to kill or do really serious harm. P is liable for murder of V as a principal. D may also be liable for murder, as a secondary party, if D foresaw when participating in the burglary with P, that P might commit a criminal act (use unlawful force) with intent to kill or do really serious bodily harm.

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Common purpose - Wikipedia
en.wikipedia.org › wiki › Common_purpose
The doctrine of common purpose, common design, joint enterprise, or joint criminal enterprise is a common law legal doctrine that imputes criminal liability to the ...

Joint criminal enterprise - Wikipedia
en.wikipedia.org › wiki › Joint_criminal_enterprise
Joint criminal enterprise (JCE) is a legal doctrine used during war crimes tribunals to allow the prosecution of members of a group for the actions of the group.
‎Definition · ‎Post World War II trials · ‎Post Yugoslav War trials · ‎Other

Secondary Liability: charging decisions on principals and ...
www.cps.gov.uk › legal-guidance › secondary-liability-...
4 Feb 2019 — The abolition of “parasitic accessory liability” as a basis for criminal liability ... act of committing crime B was within the scope of the joint venture, ...

Joint Criminal Ventures and Murder: The Prospects for Law ...
www.tandfonline.com › doi › pdf
D's liability, in cases where P kills V in the course of a joint criminal venture with D.4. There is little or no difficulty about the justice of finding D guilty of the murder.
by J Horder · ‎2009 · ‎Cited by 12 · ‎Related articles

Joint Criminal Ventures and Murder - Oxford Scholarship
oxford.universitypressscholarship.com › acprof:oso › a...
It defends the common law view, namely that when someone foresees that another party to a joint criminal venture may commit murder, and that other person does ...

joint enterprise - Prison Reform Trust
www.prisonreformtrust.org.uk › Portals › Documents
PDF
Joint enterprise is a doctrine of criminal law which permits two or more defendants to be ... 'teaming up' and forming joint criminal ventures in the first place.
by J Jacobson · ‎2016 · ‎Cited by 7 · ‎Related articles

Joint Criminal Enterprise - jstor
www.jstor.org › stable
Joint Criminal Enterprise. A secondary party is guilty of murder if he participates in a joint venture realising that in the course thereof the principal might use force ...
by B Krebs · ‎2010 · ‎Cited by 32 · ‎Related articles

Joint enterprise and secondary liability | Legal Guidance ...
www.lexisnexis.co.uk › legal › joint-enterprise-secondary...
The following Corporate Crime practice note provides comprehensive and up to ... Where there is a prior joint criminal venture it may be easier to infer intent:.

AllegroTrans
United Kingdom
Local time: 23:16
Specializes in field
Native speaker of:

English
PRO pts in category: 1656

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Agrupaciones Ilicitas

English translation: Illicit/Ilegal/Unlawful Association

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