Favorecimiento Culposo a la Evasión

Discussion in 'Legal Terminology' started by leer, Jan 3, 2010.

  1. leer New Member

    English - United States
    The context is:

    "Reformas al Código Penal en materia del Delito de Evasión y Favorecimiento Culposo a la Evasión."

    I think Delito de Evasión would translate to "felony fleeing," so Favorecimiento Culposo a la Evasión would be something like "negligently abetting a felony fleeing," but that doesn't sound quite right and I can't find any version of it in Google.

    Thanks to anyone who can help!
  2. vervenna New Member

    San Juan, Puerto Rico
    AmE & BrE, Puerto Rican Spanish


    As far as I know, evasión is evasion in tax context, and that is penal law too... Did you mean it like that? On the other hand, evasión could also mean "fleeing" but that doesn't mean it is actually called that way in English...
  3. robjh22 Senior Member

    U.S.A. & English
    I would just say "Evading and Aiding in Evasion of Arrest." There are actual laws you can find in English legal systems that sound like the same thing, but I have learned on this forum that it is better to reasonably translate the original into understandable English than it is to look for equivalents or counterparts, which will always fail to capture some element of the original or supply an element that is not in the original.
  4. Anwar Boylston Senior Member

    New York
    U.S.A.; English

    I have the hunch that you're not translating the statutory name of the offense but rather a paraphrase of it, and so I think robjh has it right. Besides, "negligently abetting" is not something one hears in New York law.
  5. vervenna New Member

    San Juan, Puerto Rico
    AmE & BrE, Puerto Rican Spanish

    ALL Spanish legal concepts, or 99% of them any way, come from civil-law. When the translator faces this, he or she must look for the closes thing in English that can relate to that term. What we court translators usually do is to search in Guam, Philipines, Louissiana, Carlifornia and sometimes Florida. Why, because those states and territories first belonged to Spain and now belong to the U.S. The same goes for Puerto Rico. The concept referred to herein sounds awfully like a civil-law civil code term, which probably does not exist in the US's general common law system. It is imperative that you people at least consider that. Otherwise your translation will be a botched job.
  6. vervenna New Member

    San Juan, Puerto Rico
    AmE & BrE, Puerto Rican Spanish
    Context is much needed here.
  7. robjh22 Senior Member

    U.S.A. & English
    Responding to post number 5, I agree that it is sometimes helpful to consider English terms in civil codes of jurisdictions like Louisiana.

    But I disagree that it is imperative to "find the closest thing in English that can relate to that term." Some of the translators here have argued convincingly that it is not even prudent, much less imperative, to associate a Spanish language term with what appears to be its English language counterpart, whether that counterpart appears in a civil code or not. The reasons for this have already been noted.

    Second, we are told in the original post that the term being translated appears as a "delito" in a "Reforma al Codigo Penal." So "Favorecimiento Culposo ..." does not sound like a civil law term, in any sense of the word (either "found in a civil law, not common law, system" or "private law.") There are of course penal laws and penal law terms in civilian jurisdictions, but "civil law" and "civil codes" deal with private law, not penal law, so I question their utility in translations of anything appearing in any "codigo penal" or reforms regarding same.

    I have other disagreements with post number 5, but they go beyond the scope of the original question.
    Last edited: Feb 9, 2013
  8. RicardoElAbogado Senior Member

    SF Bay Area, California
    American English
    A minor quibble, but Louisiana belonged to France, and the US purchased it from France during the presidency of Thomas Jefferson. (If you see the term "Louisiana Purchase" it refers to that transfer from France to the US.) I say "minor," because France was then (and is) a civil law jurisdiction, and much of its current law is derived from civil law.
  9. robjh22 Senior Member

    U.S.A. & English
    Agreed, but their penal law is not derived from Roman law, by which I mean the juris civilis of ancient Rome, agree? Does any "civil law jurisdiction" trace its current penal law to Roman law?

    If not, I recommend against citation to Roman "civil law " sources for translations of English language penal law terms.

    Sorry for what may look like a detour from the original, but I think we should try to agree on the meaning of Roman-based "civil law systems", as the subject is coming up in more than one thread.

    Thanks again.
  10. RicardoElAbogado Senior Member

    SF Bay Area, California
    American English
    Here is a quote from an article comparing common law and civil law systems:

    Countries with civil law systems have comprehensive, continuously updated legal codes that specify all matters capable of being brought before a court, the applicable procedure, and the appropriate punishment for each offense. Such codes distinguish between different categories of law: substantive law establishes which acts are subject to criminal or civil prosecution, procedural law establishes how to determine whether a particular action constitutes a criminal act, and penal law establishes the appropriate penalty.​


    So it looks like criminal law is considered part of the civil law system. Whether the criminal law derives from Roman law is not as important, in my view, as the approach taken in the civil law system.
  11. litiga8or

    litiga8or Senior Member

    Oregon, USA
    Rainy Oregon! USA
    It belonged to Spain before it belonged to France.
  12. robjh22 Senior Member

    U.S.A. & English
    Thanks for the link.

    Well, yes and no. Interesting story, but we'd go way off topic getting to the bottom of it.
  13. litiga8or

    litiga8or Senior Member

    Oregon, USA
    Rainy Oregon! USA
    And it belonged to the Indians before it belonged to either Spain or France or the U.S.

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