Glossary entry (derived from question below)
Spanish term or phrase:
formular denuncias y querellas penales
English translation:
to file crime reports and enter appearances as a party to criminal proceedings
Added to glossary by
Rebecca Jowers
Jan 4, 2017 21:11
7 yrs ago
89 viewers *
Spanish term
formular denuncias y querellas penales
Spanish to English
Law/Patents
Law: Patents, Trademarks, Copyright
Power of Attorney (Michoacán, Mexico)
Hello ProZ,
I need help with the translation of the following phrase: “formular denuncias y querellas penales”
Context: PARA PLEITOS Y COBRANZAS, con todas las facultades generales y las especiales que requieran cláusula especial conforme a la Ley, a fin de que se sirva representarme en todos los negocios que tengo actualmente y en los que se me ofrezcan en lo sucesivo, en materia Civil, Penal, Fiscal, Mercantil, Administrativa, para formular denuncias y querellas penales por delitos que se hayan cometido y se cometan en mi perjucio,
My attempt: FOR COLLECTIONS AND LAWSUITS, all general powers and even any special powers requiring a special clause in accordance with the Law, for the purposes of representing me in all of the businesses that I currently have and in the following which are offered to me: Civic, Criminal, Tax, Commercial, Administrative matters, to file complaints and lawsuits for crimes that have been committed and committed to damage my reputation.
I need help with the translation of the following phrase: “formular denuncias y querellas penales”
Context: PARA PLEITOS Y COBRANZAS, con todas las facultades generales y las especiales que requieran cláusula especial conforme a la Ley, a fin de que se sirva representarme en todos los negocios que tengo actualmente y en los que se me ofrezcan en lo sucesivo, en materia Civil, Penal, Fiscal, Mercantil, Administrativa, para formular denuncias y querellas penales por delitos que se hayan cometido y se cometan en mi perjucio,
My attempt: FOR COLLECTIONS AND LAWSUITS, all general powers and even any special powers requiring a special clause in accordance with the Law, for the purposes of representing me in all of the businesses that I currently have and in the following which are offered to me: Civic, Criminal, Tax, Commercial, Administrative matters, to file complaints and lawsuits for crimes that have been committed and committed to damage my reputation.
Change log
Jan 4, 2017 21:53: Sandra Cifuentes Dowling changed "Language pair" from "English to Spanish" to "Spanish to English"
Jan 18, 2017 07:32: Rebecca Jowers Created KOG entry
Proposed translations
+2
27 mins
Rebecca Jowers
Spain
Spain
Native in English
Specializes in field
Spain
30 yrs experience legal-commercial
Native in: English 
Works in: English to Spanish, Spanish to English
Related KudoZ points
:
104
Selected
to file crime reports and enter appearances as a party to criminal proceedings
(You may certainly word this otherwise.)
Your translation of “denuncias y querellas” as “complaints and lawsuits” suggests that these are civil procedure terms, when they are actually aspects of criminal procedure. A “denuncia” is a “crime report” made to the police by a witness or person having knowledge of the offense on which the police may follow up, but once made, the matter is out of the hands of the person reporting the crime. In contrast, a “querella” is crime report in which the victim reports the crime and asks to enter an appearance as private prosecutor in the criminal proceedings.
Since your text is from Mexico, this may be of interest:
https://legalzone.com.mx/diferencia-entre-querella-denuncia-...
This blog entry explains in detail how this works in Spain. There may be differences with Mexican criminal procedure, but perhaps it may provide some useful vocabulary:
https://rebeccajowers.com/2016/08/08/espanol-juridico-9/
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Note added at 38 mins (2017-01-04 21:49:37 GMT)
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I would avoid using "complaint" here, since this would likely prompt a miscue, suggesting that "denuncia" and "querella" are civil procedure terms when they are not. In that regard, a complaint is "The initial pleading that starts a civil action, and states the basis for the court's jurisdiction, the basis for the plaintiff's claim, and the demand for relief." (Black's Law Dictionary, 8th ed.) Thus "complaint" is what is generally called in Spanish a "demanda" or "escrito de demanda", initiating a plaintiff or claimant's (demandante) civil action against a named defendant (demandado).
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Note added at 17 hrs (2017-01-05 15:01:06 GMT)
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To add a note to Sandro's comment (for lack of space below):
The most common meaning of "complaint" is "the initial pleading filed in a civil action." If "complaint" is to be used for either "denuncia" or "querella", in order to avoid a miscue perhaps it would be best to call it a "criminal complaint".
"Enter an appearance" is indeed "personarse." When the victim files a "querella" he not only reports the crime, but also indicates that he wishes to exercise his right to become a party to the proceedings (i.e., "personarse", enter an appearance as a party to the proceedings) as private prosecutor ("acusador particular"). This is described here:
PERSONARSE EN EL PROCEDIMIENTO PENAL
https://practicajuridicayempresarial.blogspot.fr/2011/04/per...
And precisely one of the common fees charged by Spanish criminal lawyers is for filing an "escrito de personación en procedimiento penal."
PLAZOS PARA PERSONARSE COMO ACUSADOR PARTICULAR
http://www.lorenatabanera.es/plazos-para-personarse-como-acu...
For other examples, google "personación como acusador particular" (gets 3,000 hits)
Your translation of “denuncias y querellas” as “complaints and lawsuits” suggests that these are civil procedure terms, when they are actually aspects of criminal procedure. A “denuncia” is a “crime report” made to the police by a witness or person having knowledge of the offense on which the police may follow up, but once made, the matter is out of the hands of the person reporting the crime. In contrast, a “querella” is crime report in which the victim reports the crime and asks to enter an appearance as private prosecutor in the criminal proceedings.
Since your text is from Mexico, this may be of interest:
https://legalzone.com.mx/diferencia-entre-querella-denuncia-...
This blog entry explains in detail how this works in Spain. There may be differences with Mexican criminal procedure, but perhaps it may provide some useful vocabulary:
https://rebeccajowers.com/2016/08/08/espanol-juridico-9/
--------------------------------------------------
Note added at 38 mins (2017-01-04 21:49:37 GMT)
--------------------------------------------------
I would avoid using "complaint" here, since this would likely prompt a miscue, suggesting that "denuncia" and "querella" are civil procedure terms when they are not. In that regard, a complaint is "The initial pleading that starts a civil action, and states the basis for the court's jurisdiction, the basis for the plaintiff's claim, and the demand for relief." (Black's Law Dictionary, 8th ed.) Thus "complaint" is what is generally called in Spanish a "demanda" or "escrito de demanda", initiating a plaintiff or claimant's (demandante) civil action against a named defendant (demandado).
--------------------------------------------------
Note added at 17 hrs (2017-01-05 15:01:06 GMT)
--------------------------------------------------
To add a note to Sandro's comment (for lack of space below):
The most common meaning of "complaint" is "the initial pleading filed in a civil action." If "complaint" is to be used for either "denuncia" or "querella", in order to avoid a miscue perhaps it would be best to call it a "criminal complaint".
"Enter an appearance" is indeed "personarse." When the victim files a "querella" he not only reports the crime, but also indicates that he wishes to exercise his right to become a party to the proceedings (i.e., "personarse", enter an appearance as a party to the proceedings) as private prosecutor ("acusador particular"). This is described here:
PERSONARSE EN EL PROCEDIMIENTO PENAL
https://practicajuridicayempresarial.blogspot.fr/2011/04/per...
And precisely one of the common fees charged by Spanish criminal lawyers is for filing an "escrito de personación en procedimiento penal."
PLAZOS PARA PERSONARSE COMO ACUSADOR PARTICULAR
http://www.lorenatabanera.es/plazos-para-personarse-como-acu...
For other examples, google "personación como acusador particular" (gets 3,000 hits)
4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
22 mins
Joshua Parker
Mexico
Mexico
Native in English
Works in field
Mexico
Trilingually educated, globally trained.
Native in: English (Variants: British, US)
Works in: Spanish to English, French to English, English to Spanish, and 4 more.
file criminal charges and complaints
charges (querellas) (se ejerce acción penal)
complaints (denuncias)
complaints (denuncias)
Peer comment(s):
| neutral |
Rebecca Jowers
: "Complaint" would likely prompt a miscue here, since it is generally a civil procedure rather than a criminal procedure term. I will post an additional comment to my initial answer.
28 mins
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25 mins
file complaints and private-prosecution complaints
d
Peer comment(s):
| neutral |
Rebecca Jowers
: "Complaint" would likely prompt a miscue here, since it is generally a civil procedure rather than a criminal procedure term. I will post an additional comment to my initial answer.
25 mins
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Complaint is a polysemic word. One sense: "a document sworn to by a victim or police officer that sets forth a criminal violation...." https://www.merriam-webster.com/dictionary/complaint
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| neutral |
philgoddard
: You can't say "complaints and complaints".
27 mins
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You've misquoted me.
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