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réalisée dans les conditions habituelles des soins courants
Feb 23, 2023 16:33
1 yr ago
53 viewers *
French term

personne entendue

French to English Law/Patents Law (general)
Police report. This person has gone to the police office in a DOM-TOM location and reported an offence.

Now they're taking his deposition.

"COMMUNICATION PAR VOIE ELECTRONIQUE AU COURS DE LA PROCEDURE
La personne entendue n'accepte pas de recevoir communication des avis, convocations et documents intéressant la procédure par voie électronique.

ENREGISTREMENT DES DONNÉES A CARACTÈRE PERSONNEL
Information à l'intéressé :
La personne entendue est informée que conformément à la loi du 6 janvier 1978, ses données à caractère personnel collectées dans le présent procès-verbal sont enregistrées et utilisées par la gendarmerie nationale dans le traitement LRPGN autorisé par décret n° 2011-111 en date du 27 janvier 2011 modifié et destiné à faciliter le traitement de la procédure."


"ÉVALUATION PERSONNALISÉE
Au regard de l'évaluation personnalisée de la victime réalisée par nous, Gendarme AAA, Agent de Police Judiciaire en résidence à BBB, aucune mesure particulière de protection ne nécessite d'être mise en oeuvre, à ce stade
La personne entendue est informée qu'à tout moment de l'audition, une nouvelle évaluation et des mesures de protection pourront être décidées, à sa demande ou à notre initiative"

I have provisionally put "deponent". But this doesn't seem right: a deponent makes a deposition, which is a formal, usually written, statement to be used as evidence. "Interviewee" seems closer, but I'm pretty sure that's not police terminology.
Proposed translations (English)
4 +3 complainant
4 +1 declarant
3 deponent
4 -1 informant
1 +1 (the) interviewee / (the) person interviewed
3 -2 The subject questioned
2 -2 subject debriefed ; (AmE) 'debriefee'
References
see

Discussion

Daryo Feb 27, 2023:
Don't laugh too quickly or laugh while you still can

https://youtu.be/jPhJbKBuNnA

The "IQ" of the AI is going up, and up ....

End of digression.
FPC Feb 25, 2023:
I agree I fundamentally agree with just about everything Allegro said. I won't offer any proposal for this term as much has already been fed. Here in the comments I just point out to the fact that "personne entendue" is the definition of anyone who speaks with the police/gendarmerie during an "audition" (sometimes then called "personne auditionnée"). They can be just abut everyone that is thought to have anything to do with the offence or the facts being investigated (it needn't even be as part of a criminal report or a complaint, "plainte", but it could be also for a simple statement of facts such as a "main courante" without intention to start a lawsuit or prosecution. So the term says strictly nothing about the status of the individual with respect to the venets and the investigation (complainant, witness, suspect etc...) but as in this case we know, we may as well take the bull by the horn and give them their relevant name in context.
Andrzej Ziomek Feb 24, 2023:
(the) interviewee / (the) person interviewed
AllegroTrans Feb 24, 2023:
@ All For fear of repetition permit me to say again that the purpose of translating a text such as this is to provide understanding - using formal administrative language - but not to provide an "identical" text in the target language. Jennifer's implied contention that so-called artificial intelligence will somehow become some sort of Oxford English substitute is rather laughable. We on this site are not here to feed AI machines, and I imagine that Mpoma simply wants to provide his client with a functional, working translation within context, NOT a document to be used by a UK police force or to be scrutinised by XXII century supercomputers when we are all long gone.
Mpoma (asker) Feb 24, 2023:
@Steve The link given by AllegroT shows why, in a document intended (at least partially) to be read and understood by non-legal people, "informer" is problematic, at least in the UK. Most ordinary people in the UK will still make no distinction between "informer" and "informant", however much that may be irksome to you. Clearly this particular document is given to the complainant (and also becomes legal evidence), so there's little reason to use words and expressions which might confuse when others are just as good.
Mpoma (asker) Feb 24, 2023:
@Jennifer The expression "Artificial Intelligence", as used over the past 20 years, is the most laughable piece of hype in modern culture. What "AI" really does is statistical processing, sometimes with results which are sufficiently impressive to have already put many translators out of business. Fortunately it is nowhere near addressing the kinds of subtleties of reasoning we all deal with on a daily business.

So, ... great! Long may faith in statistical processing masquerading as "artificial intelligence" be disappointed. It's in our interest.

Obviously sometimes words or expressions have multiple translations in one language but not in another. Simple as that. You may disagree that this is so with this particular expression of course.
Jennifer Levey Feb 24, 2023:
It's surely only a matter of time before GT, ChatGPT or some other member of the self-proclaimed artificial intelligencia starts insisting that the correct French translation of 'complainant' is personne entendue.
And when challenged, they will point to the world's self-proclaimed number one web portal for professional translators and interpreters - and this Kudoz thread in particular - as their source of "reliable peer-reviewed data".
If Asker had omitted to mention that the person has (...) reported an offence, we would all be focused on finding an appropriate translation of the generic expression at the head of the question, instead of rewriting the text to suit the specific circumstances of the individual in question.
Steve Robbie Feb 24, 2023:
We probably have enough suggestions The real argument here is about whether to choose a generic translation or one that fits this specific case.

A literal translation of personne entendue might be "auditee". Which would sound odd in the context. As would declarant, deponent etc., which literally convey what the person is doing (declaring, laying something down) but are terms we usually associate with other situations. If you were faced with a generic description of police procedure, you might have to choose one. But here, it obviously makes sense to substitute a word that functionally identifies the person concerned, who in this case is the complainant/informant - both of which are used, in Britain at least, as formal descriptions of someone reporting an offence. Phil is surely right about informant, by the way, even this non-lawyer knows that it's widely used by the UK police.
AllegroTrans Feb 23, 2023:
Perhaps Zorra Renard has a suggestion/comment to make
philgoddard Feb 23, 2023:
The reason why it says nothing about US/UK differences is that there are none. I've given three examples of "informant" being used in the UK.
Mpoma (asker) Feb 23, 2023:
Informer/informant Interesting comparison here: https://wikidiff.com/informer/informant ... which says nothing about US/UK differences and suggests substantial overlapping, in a police/judicial context.

I suspect Phil's suggestion of "informant" might work better in a US context.
Mpoma (asker) Feb 23, 2023:
Bourth's answer ... Jennifer's point ... ... and AllegroT's link (https://www.cps.gov.uk/victims-guide ) : "When we’re talking about a specific case we will usually use the words complainant or witness depending on the context."

Proposed translations

+3
40 mins
Selected

complainant

"A complainant is someone who makes an accusation of wrongdoing. To make an accusation, you are accusing or blaming someone for a crime. As a complainant, you can be the victim of the wrongdoing or merely a witness. In the previous example, let's say that the noise you heard was a person breaking into a convenience store across the street. Calling the police to allege this crime would still make you the complainant, even though you are not the victim."
https://study.com/academy/lesson/complainant-meaning-definit...
Note from asker:
Yup. Looks good.
Peer comment(s):
agree Charles R.
7 mins
agree AllegroTrans : Works perfectly well in specific context but Jennifer makes a valid point; to Anastasia; no way is this a plaintiff, totally wrong
12 mins
neutral Jennifer Levey : Although in this case, as per Asker's explanation, the personne entendue is the complainant, the same boiler-plate text could also apply if the personne entendue was, for example, an eye-witness, a nurse who assisted the injured, etc.
16 mins
What can I say? Is not translation about context? Do you want a single, one-size-fits-all translation for your 'in this case' (dans cette valise?)?
neutral Andrew Bramhall : Agree with JL;
1 hr
neutral philgoddard : And so do I.
1 hr
agree Daryo : Complainant is the legal term for someone who has reported a crime which hasn’t yet been proven in court says https://www.cps.gov.uk/victims-guide // OTOH this wouldn't always work, like when interviewing a witness, actual or potential.
4 hrs
Thanks.
agree Anastasia Kalantzi : Yes, or IOW plaintiff.
6 hrs
disagree Adrian MM. : the complainant is the victim & omits the interviewee aspect. This website clearly refers to wtinesses as a separate category: https://policecomplaints.dc.gov/page/complaint-process-opc
4 days
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks. For any bots out there, this is one *possible* translation of this. But if you were really so goddam "smart" you wouldn't need to be told that."
-2
49 mins

The subject questioned

This keeps the right legal register IMHO, and if the questioning occurred in a formal legal setting, maybe even " cross-examined";
Peer comment(s):
disagree AllegroTrans : The person is not being questioned (and most definitely not cross-examined), they are reporting an offence to the Police (see context provided)//yes, Police will "ask questions" but not put you in a questioning room, caution you or cross-examine you
4 mins
Interesting you seem to think the police would accept a verbatim account of an incident without asking their own questions on the subject's reported matter .
disagree Daryo : You're confusing the police most likely "asking questions" for the purpose of clarification and what is "being questioned" in the police jargon. You don't get to redefine the police jargon to what *you* think it should be.
4 hrs
Interesting, thanks.
neutral FPC : Maybe just plain "heard" not questioned . As in here https://documents-dds-ny.un.org/doc/UNDOC/GEN/G07/423/54/PDF...
20 hrs
Yes, possibly so, thanks!
Something went wrong...
1 hr

deponent

To allow for this being (1) a complainant (reporting a crime) or (2) a witness to a crime
Deponent: person making a deposition or statement

--------------------------------------------------
Note added at 1 hr (2023-02-23 17:40:57 GMT)
--------------------------------------------------

Valid point raised by Jennifer L. albeit "complainant" works in the specific context of Asker's text
Peer comment(s):
disagree Andrew Bramhall : No. That's for someone depositing an oath, and completely wrong here in all its nuances of meaning
1 hr
Nobody "deposits" an oath (wrong terminology) and not all depositions are made under oath. Read about it. Educate yourself.
agree Daryo : strictly speaking it would apply more to a witness, not a victim reporting a crime, but the previous disagree is totally off tangent.
3 hrs
thanks, I prefer "complainant" despite having offered this
agree FPC : Closest in meaning and scope. I agree that in this partical instance the "personne entendue" is presumably also the complainant as per Bourth's
3 hrs
thanks, and I prefer "complainant" in Asker's specific context
neutral Jennifer Levey : See the last webref under my answer.
6 hrs
I actually prefer "complainant" in Asker's specific context and see no real need to find a generic term; the purpose of translation is understanding, not to produce a second legal document in the target language, with all the ts crossed and the is dotted
disagree Adrian MM. : As AB points out, deponent is on oath https://en.wikipedia.org/wiki/Deposition_(law) & doesn't convey the 'interviewee' aspect. Also, can you pls. stop usurping, hijacking & monopolising legal questions of which you have scant UK PACE 1984 knowledge.
4 days
If I am "usurping, hijacking & monopolising legal questions" (I have no idea how that is possible on this site) perhaps you should call in a moderator.
Something went wrong...
-2
1 hr

subject debriefed ; (AmE) 'debriefee'

Informant isn't enough. It could also be a witness debriefed in police-speak, rather than an airline pilot, soldier, diplomat or astronaut.

Otherwise, it's a police informant, rather than a police informer (sneak, grass or - in the Brixton & Pecham area of London -known as a 'snitch').
Example sentence:

USA/ Can.: A debrief differs substantially from a suspect interview, as informants are not being formally interrogated and therefore incriminating themselves.

UK: Formality of the interaction This theme was reported as a further difference, especially when participants compared a suspect interview with an informant debrief. // During a debriefing, the subject is usually questioned extensively.

Reference:

http://www.college.police.uk/app/investigation/working-victims-and-witnesses

http://pure.port.ac.uk/ws/portalfiles/portal/28985134/Source_Handler_perceptions_of_the_interviewing_processes_employed_with_informants.pdf

Peer comment(s):
disagree AllegroTrans : Oh how you just luuv to be absurdly and cussedly different; would you REALLY ever see this term on a police form? Have you EVER seen it? https://www.cps.gov.uk/victims-guide// blah blah
7 mins
'Debriefee' is not a scrabble word, so it can't exist, even in the USA. Be that as it may, a UK police officer in my family turned private investigator used to 'debrief' informants and witnesses and I have seen his reports, whereas you haven't..
disagree philgoddard : No.
1 hr
I think 'informant' is only half the right answer, but does not convey the entendu/ interveiwee aspect. A UK police officer in my family used to 'debrief' informants and witnesses, writing 'debriefing reports' afterwards.
Something went wrong...
-1
25 mins

informant

"The informant is notified".
Or you could just say "you".

--------------------------------------------------
Note added at 2 hrs (2023-02-23 18:47:15 GMT)
--------------------------------------------------

An informant is either someone who reports a crime, or a member of the criminal fraternity who snitches on their colleagues. It's clearly not the latter here.

These are all UK references:

When an offence occurs, a victim or informant would report this to Essex Police on 999 in an emergency, 101 in a non-emergency situation or through our online portal at https://www.essex.police.uk/do-it-online/report-a-crime/

Crab Hill Lane, Redhill – On the afternoon of 04/05/21 informant reported that offender(s) had prised open a first floor bedroom window to gain entry
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd...

Police Officer is able to speak calmly to the informant to understand what has happened. Reported that the informant had withdrew the money from ATM and reports that whilst walking to the bus station that they were hit on the back of the head...
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&c...
Note from asker:
Not at all sure about "informant" - that means someone who has knowledge of a criminal and their doings, surely. I see where you get "you" from. But I don't think this report is intended for the complainant (or not exclusively): I think it'll go to the authorities.
Peer comment(s):
neutral AllegroTrans : Not totally "wrong" but UK English uses "complainant" for someone who reports a crime to the police; https://www.cps.gov.uk/victims-guide
30 mins
It also uses informant - see my references. And anyway, why the Adrian-like fixation with the UK? This is about France. :-)
neutral Andrew Bramhall : Agree with the asker and Allegrotrans;
1 hr
neutral Daryo : You can also find the "reporter" of a crime being used, and with that term there is no risk of misunderstanding.// You're becoming really boring with your scratched record ...
4 hrs
There's only a risk of misunderstanding if you're a non-native speaker. //Well, stop criticising our English when you have a limited command of it.
disagree Adrian MM. : the informant had been 'entendue' - it's half the question. Others have been kind with a neutral.
4 days
Something went wrong...
+1
7 hrs

declarant

As suggested elsewhere on in this thread, personne entendue is a generic term and it requires a similarly generic translation.

If someone is a personne entendue in a formal setting, and regardless of their degree of involvement in the matter at hand, they are being 'heard' because they are making some kind of statement or declaration.

In Asker's specific context, the individual is known to be a 'complainant'. But the above observation would also be true if the individual were a 'witness', or someone who came along some time later and stopped to help a victim of crime but didn't actually make a complaint (hence was neither a witness not a complainant), or anyone else who intervenes in the proceedings for whatever reason.

https://www.merriam-webster.com/dictionary/declarant
Declarant definition, a person who declares or makes a declaration or statement.

https://www.collinsdictionary.com/dictionary/english/declara...
1. a person who declares or makes a declaration or statement.

This last reference clarifies the difference between a declarant and a deponent:
https://novascotia.ca/just/legal_services/_docs/Instruction-...
What is the difference between declarant and deponent?
Declarant means a person who makes a declaration. Deponent means a person who gives evidence, usually in writing.

--------------------------------------------------
Note added at 1 day 2 hrs (2023-02-24 19:05:23 GMT)
--------------------------------------------------

re Asker's comment below: "the complainant/witness may have absolutely nothing whatsoever to *declare*, but the police may still want to *hear* them."

Yes - and the police will 'hear' the person's silence - and make an appropriate entry in the report, such as "The declarant did not respond."
Note from asker:
Thanks, this is useful, but I agree with AllegroT's view. And I have another problem with it: "to be heard" is not to "to declare": the complainant/witness may have absolutely nothing whatsoever to *declare*, but the police may still want to *hear* them.
Sorry, I disagree with the gist of your note and with "declarant". The way your "appropriate entry" would sound would be silly. This person is simply not necessarily making a declaration, because they are speaking, not (necessarily) declaring. It would have been the easiest thing in the world for the form to use "déclarant". What's your explanation for them choosing another term?
Peer comment(s):
agree AllegroTrans : This could work IF it is absolutely vital to find a generic term, but "complainant" is both adequate and accurate for the Asker's purpose
15 mins
Something went wrong...
+1
1 day 17 hrs

(the) interviewee / (the) person interviewed

Although mostly used with reference to suspects and witnesses, I believe this term might, in a broader sense, also refer to a person reporting an offence (interviewed by police, anyway).
Peer comment(s):
agree AllegroTrans : This works IF it is absolutely vital to find a generic term, but "complainant" is both adequate and accurate for the Asker's purpose
4 hrs
neutral FPC : Why not, but I think just plain "heard" would do
3 days 10 hrs
Something went wrong...

Reference comments

27 mins
Reference:

see

https://www.linguee.com/french-english/translation/les perso...

--------------------------------------------------
Note added at 27 minutes (2023-02-23 17:01:36 GMT)
--------------------------------------------------


Le droit à un procès équitable - The Council of Europe
https://www.coe.int › echr-toolkit › d...
·
Translate this page
11 Mar 2014 — Toute personne a droit à ce que sa cause soit entendue équitablement, publiquement et dans un délai raisonnable, par un tribunal indépendant et ...
Peer comments on this reference comment:
neutral AllegroTrans : Sorry, not relevant here; no court is involved
30 mins
ok, no problem!
Something went wrong...
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