Ultractividad

Discussion in 'Legal Terminology' started by squeak_10, Apr 13, 2009.

  1. squeak_10 Junior Member

    USA
    United States
    This comes from Colombia, what would be the difference between this and Retroactividad? (ultractividad y retroactividad de la ley benefica)
     
  2. piraña utria

    piraña utria Senior Member

    Cartagena de Indias.
    Spanish - Colombian with Caribbean nuanc
    Hi.
    My best attempt in English: It’s just, I mean "ultractividad", a way to compress in a single term a particular aspect of the legal principle called prohibition against Ex Post Facto Laws in criminal matters.

    Concerning this topic, and trying to avoid inappropiate English terms, I’d prefer to remark in this excerpt which I’ve taken from American Convention on Human Rights, those which are closer to its notion:

    Article 9. Freedom from Ex Post Facto Laws. No one shall be convicted of any act or omission that did not constitute a criminal offense, under the applicable law, at the time it was committed. A heavier penalty shall not be imposed than the one that was applicable at the time the criminal offense was committed. If subsequent to the commission of the offense the law provides for the imposition of a lighter punishment, the guilty person shall benefit therefrom.

    Therefore, in such events a law which is supposedly abolished, because of its more favorable content concerning penalties to impose, it’s still causing effects as regards an accused, more exactly at the sentencing phase. By the way, those lines which begin from “If subsequent” are the very essence of our “retroactividad” as to criminal law.

    I don’t know whether exist a word to name such a particular idea in English or not. In fact, it sounds a bit “bizarre” in Spanish in which it’s much more usual to call all these features of criminal law-at least in my country- as “principio de favorabilidad” or merely “favorabilidad”.

    I hope it helps.
     
    Last edited: Apr 14, 2009
  3. EliTrans Senior Member

    Madrid
    English - USA
    Hi there, a few years later and I have to translate the concept of ultractividad. From what I understand from the previous posts, can I just use the term Ex Post Facto Laws?
    I would really appreciate if a legal expert/native English speaker could answer!

    The context: "Con la Reforma de 2012 se limita la ultractividad de un convenio a un año desde la denuncia del mismo."

    Please help!
    Gracias:)

    Eli
     
  4. EliTrans Senior Member

    Madrid
    English - USA

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