extinción de la condena

leese

New Member
English
Hi,
Would be most grateful if someone can help me with the phrase "la extinción de condena" in the following context: (It is for a police CERTIFICATE so it has to be really accurate legally). The key word is "extinción"

La leyenda "No tiene asuntos pendientes con las autoridades judiciales" aplica ...
para quienes la autoridad judicial competente haya decretado la extinción de la condena o la prescripción de la pena

Thanks much
 
Last edited:
  • leese

    New Member
    English
    Thanks Robjh22. I thought of that also , but I wonder if that might mean wipe clean, as if it never happened- there never was a conviction (like expunge from the record). My problem I have seen some translations where "extinción" (as well as prescripción) seems to refer to 'expiration'. I was wondering if the sentence might imply something like : "for those whose sentences have been served and declared satisfied/completed by the competent judicial authorities or those whose terms have expired and so decreed by such authorities." - however, not sure if the sentence structure, or the legal terms are falling in place.
     

    weblau

    Senior Member
    Hi,
    Would be most grateful if someone can help me with the phrase "la extinción de condena" in the following context: (It is for a police CERTIFICATE so it has to be really accurate legally). The key word is "extinción"

    La leyenda "No tiene asuntos pendientes con las autoridades judiciales" aplica ...
    para quienes la autoridad judicial competente haya decretado la extinción de la condena o la prescripción de la pena

    Thanks much

    I have done many of these Colombian Certificates, this is how I say it:

    Online Enquiry of Judicial Records and Court Injunctions​
    [...]
    In compliance with the Decision SU-458 dated 21st June 2012 issued by the Honourable Constitutional Court, the legend 'DOES NOT HAVE PENDING MATTERS WITH THE JUDICIAL AUTHORITIES' applies to all persons with no police record and for whom the proper judicial authorities have ordered the expungement of the conviction or that the statute of limitations has expired.

    Voilà!
     

    Veritas Patefacta

    Senior Member
    English
    expungement of the conviction
    That means that something has been completely eliminated or stricken from the records. Check posts number 4 (cancelación) and 6 (anulación) in this thread to see how expungement can be translated in this context.

    As for extinción de la condena, RicardoElAbogado is correct, in that it refers to ”to serve a sentence.” Extinguir = cesar, acabar. For this context, I would translate it as the following:

    ...la autoridad judicial competente haya decretado la extinción de la condena o la prescripción de la pena.
    ...the court with jurisdiction has declared the sentence to have been served or barred by the statute of limitations.
     

    Kite Man

    Member
    English Canada
    That means that something has been completely eliminated or stricken from the records. Check posts number 4 (cancelación) and 6 (anulación) in this thread to see how expungement can be translated in this context.

    As for extinción de la condena, RicardoElAbogado is correct, in that it refers to ”to serve a sentence.” Extinguir = cesar, acabar. For this context, I would translate it as the following:

    ...la autoridad judicial competente haya decretado la extinción de la condena o la prescripción de la pena.
    ...the court with jurisdiction has declared the sentence to have been served or barred by the statute of limitations.
    It is true that in most Spanish-speaking jurisdictions, "extinción de la pena" normally refers to serving a sentence. However, in Colombia, "extinción" is used in the sense of expiration or cancellation of a conviction. For example, in Art. 82 of the Regimen Penal Colombiano, grounds for "extinción" include "desistimiento" and "prescripción"; but in English, if a conviction is withdrawn or the statute of limitations for a charge expires, this would not be described as a sentence having been served. This means that in this context, expungement (or expiration) would actually be closer to the meaning. This is important for a criminal record certificate, because if the certificate suggests that sentences that any sentences that have been fully served are not included here, it would render the certificate invalid in most countries, where served sentences should normally remain on a person's criminal record.
     
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