Apr 10, 2019 09:41
5 yrs ago
17 viewers *
Spanish term

traslado que con la presente se confiere

Spanish to English Law/Patents Law (general)
"Tales hechos podrían ser constitutivos de un delito previsto y penado en el artículo xx del Código Penal, y del que sería responsable D. XX, siempre sin perjuicio de lo que pudiera resultar del traslado que con la presente se confiere."

I have read the other answers on here about 'conferir traslado' and sort of understand but still find it a bit confusing.

The context is here is a ruling from the judge saying that the prosecution has 10 days to file an indictment requesting the commencement of the trial or the dismissal of the case.

So would the gist of "siempre sin perjuicio de lo que pudiera resultar del traslado que con la presente se confiere" be "without prejudice to the decision of the prosecution (on whether to go ahead with trial or dismiss the case)?

Discussion

Adrian MM. Apr 11, 2019:
@ Robert/'Bob' Point taken. But the prosecution in this case (Spain vs. Mexico ?- the late and great Henry Hinds would have demanded clarification of the country) is already in the loop...' the judge saying that the prosecution has 10 days to file an indictment'. I know not whether a 'civil claimant' (victim or family), the Hacienda/ tax authorities or registro de propiedad/ Land Registry (too many imponderables) need be in on the action. In E&W, 'automatic directions' in a civil case means automatic disclosure by each side to the other - and often the matter ends there, usually with one side's cover or dishonesty being blown... In a criminal case, a Plea and Trial Preparation (formerly Directions) Hearing would not entail *automatic* but only discretionary communication to any third parties https://www.criminalbar.com/wp-content/uploads/2018/02/PTPHN...
Robert Carter Apr 11, 2019:
@Adrian That's a good point, but I'm still not sure. I think this is part of an "automatic" notice that has to be given to certain authorities (currently non-party to the suit) when certain facts fall within their purview, kind of being put "in the loop" so to speak. Is there anything resembling that in common law?

Proposed translations

44 mins

(crim) disclosure of material/(civ. US) discovery of evidence that is granted herewith

\"siempre sin perjuicio de lo que pudiera resultar del traslado que con la presente se confiere\" "always without prejudice to what [surprises] might emerge from > come out of > the disclosure [of evidentiary material to the other side] that is granted herewith" cf. carriage of action and notice of committal for trial on indictment to a higher court e.g. an Audiencia Provincial - approx. the Crown Court or Old Bailey in E&W

Arguably this answer is noe too distant from 'the case file being made available to me' in first web. ref answer accepted.

The term of discovery since the 1998 UK civil justice reforms is now called disclosure to align and harmonise with the criminal term whilst, in the US & Can., the former term is still in use.
Example sentence:

Cornell Law School, US: In the federal courts, disclosure requires parties to automatically share routine evidentiary information that would otherwise be available during discovery.

Peer comment(s):

neutral Robert Carter : Are we not putting cart before proverbial horse here? I'm not too familiar with Spanish procedure, but can "evidence" or for that matter "discovery" be possible if no evidentiary stage has begun? Wouldn't that require an indictment first?
4 hrs
Ha, ha, cart... before the horse. Traslado o autos are the /civil/ proc. copies or docs. This is not spec. /criminally/ a traslado de la imputación (see Bosch, Dicc. de derecho esp.) but a pre-trial court order cf. *mutual* pre-trial disclosure in the UK.
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