imposed and stayed

Discussion in 'Legal Terminology' started by findoutmore, Sep 11, 2007.

  1. findoutmore Senior Member

    U.S. English
    Hello forum,

    Again, in a legal document admitting guilt, this is the sentence,

    If sentence is imposed and stayed, I will be required to serve that sentence.

    Is "impuesto y upheld" an accurate translation? The biggest problem here is the "stayed." It surely does not mean "remain".

    Thank you for any help,
  2. Dani California

    Dani California Senior Member

    Spain, Spanish
    My suggestion: si la condena se impone y se aplaza, seré requerido para cumplirla.
  3. David

    David Banned

    Find Out More, this sounds like part of a plea bargain. Normally, if a sentence is imposed (at the sentencing), and then "stayed," it means that the sentence will not be carried out pending resolution of an appeal or whatever. A "stay of execution," usually used in relation to the death penalty, can really apply to "staying the execution" or application of any sentence.In this case, the accused is agreeing in advance that if sentence is imposed (condena impuesta), even if it is stayed, I will [voluntarily] serve that sentence [anyway.]" I don´t even know if that is constitutional, but in a plea bargain you agree to plead guilty to a charge, so presumably you are accepting the sentence in return for not having to face other charges, so I guess that´s how they do it. Anyway that´is the meaning of "imposed and stayed."
  4. findoutmore Senior Member

    U.S. English
    Great! I really, really appreciate your help!
  5. David

    David Banned

    Tell the Moderators. Maybe I won´t always be in trouble for my political jokes!

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