May 3, 2023 12:38
1 yr ago
40 viewers *
French term
France
Fre/Ita/Eng - Medical/Legal/Marketing
Native in: English
Works in: French to English, English to French, Italian to English
renoncer au principe de la spécialité
French to English
Law/Patents
Law (general)
European arrest warrants
This question comes up in court where the defendant is asked if he would like to "renoncer au principe de la spécialité". The idea behind this is that, if he was sent back to his country of origin, he would only be tried for the crimes he's currently being accused of i.e. the country of origin couldn't dig up other past accusations and try him for them too.
The lawyers I've seen always advise the defendants to say no. As such, they reject being extradited and so it's up to the courts to decide whether or not he will be sent back, he doesn't agree to go back voluntarily.
I find it tough to translate apart from something pretty word for word like 'to waive the principal of speciality'. Either way, I have to take time explaining what it means to ensure the defendant fully understands the concept.
The lawyers I've seen always advise the defendants to say no. As such, they reject being extradited and so it's up to the courts to decide whether or not he will be sent back, he doesn't agree to go back voluntarily.
I find it tough to translate apart from something pretty word for word like 'to waive the principal of speciality'. Either way, I have to take time explaining what it means to ensure the defendant fully understands the concept.
Proposed translations
(English)
| 4 +7 | waive the principle of specialty |
philgoddard
|
| 4 +2 | renounce the speciality rule (US: abandon the doctrine of speciality) |
Adrian MM.
|
Proposed translations
+7
34 mins
philgoddard
United States
United States
Native in English
Specializes in field
United States
Six languages into flawless English
Native in: English
Works in: German to English, French to English, Spanish to English, and 4 more.
Related KudoZ points
:
286
Selected
waive the principle of specialty
The principle of specialty provides that a state may not prosecute a person extradited from another country for an offence other than the one for which the extradition request was granted.
http://heinonline.org/HOL/LandingPage?handle=hein.journals/c...
If this is the actual arrest warrant, you should just leave this term unexplained, as the people reading it will understand it. If it's something else, you could add an explanatory note.
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Note added at 41 mins (2023-05-03 13:20:22 GMT)
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Sorry, you said this is a question that comes up in court, so it's not the actual warrant. In that case, this is a rare instance where I don't think you should add an explanation. The defendant's lawyers will have advised him what this means and how to answer. It's not your job as translator.
http://heinonline.org/HOL/LandingPage?handle=hein.journals/c...
If this is the actual arrest warrant, you should just leave this term unexplained, as the people reading it will understand it. If it's something else, you could add an explanatory note.
--------------------------------------------------
Note added at 41 mins (2023-05-03 13:20:22 GMT)
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Sorry, you said this is a question that comes up in court, so it's not the actual warrant. In that case, this is a rare instance where I don't think you should add an explanation. The defendant's lawyers will have advised him what this means and how to answer. It's not your job as translator.
Note from asker:
| Hi Phil, thanks for your response. I've just realised why I couldn't find the right translation - because I was spelling it "principal" and not "principle" so nothing came up! |
Peer comment(s):
| agree |
FPC
33 mins
|
| agree |
Samuël Buysschaert
: or speciality (for BrE more common i believe), it's just a tiny detail.
53 mins
|
|
Yes, it's written both ways. Thanks.
|
|
| agree |
Jennifer Levey
1 hr
|
| agree |
AllegroTrans
2 hrs
|
| agree |
Conor McAuley
7 hrs
|
| agree |
writeaway
: So you agree with asker's own suggestion -and the Kudoz reference below (Lenkl) is also very reliable
9 hrs
|
| agree |
Anastasia Kalantzi
3 days 7 hrs
|
4 KudoZ points awarded for this answer.
+2
8 hrs
Adrian MM.
Austria
Austria
Native in English
Specializes in field
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: British, Scottish) 
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
Related KudoZ points
:
359
renounce the speciality rule (US: abandon the doctrine of speciality)
It's specialty rule and has already been referred to (and messed up) in previous ProZ questions, such as https://eng.proz.com/personal-glossaries/entry/18291730-prin...
Note that, in AmE, it is called the doctrine of speciality: 'This Note argues that U.S. courts must permit an extradited individual to invoke treaty rights under the doctrine of speciality. Part I'
Better not mix up - as I initially and thickly did - with the spelling of 'special*ty', namely double the usual time limit for suing on a deed under seal (12 years instead of 6 in contract: UK Limitation Acts 1980 and 1989), but not to nail the defendant.
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Note added at 8 hrs (2023-05-03 21:16:55 GMT)
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It's special*i*ty rule....
Note that, in AmE, it is called the doctrine of speciality: 'This Note argues that U.S. courts must permit an extradited individual to invoke treaty rights under the doctrine of speciality. Part I'
Better not mix up - as I initially and thickly did - with the spelling of 'special*ty', namely double the usual time limit for suing on a deed under seal (12 years instead of 6 in contract: UK Limitation Acts 1980 and 1989), but not to nail the defendant.
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Note added at 8 hrs (2023-05-03 21:16:55 GMT)
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It's special*i*ty rule....
Example sentence:
IATE: fr principe de spécialité en rule of speciality speciality rule principle of speciality
.the person consented to be surrendered, where appropriate at the same time as he or she renounced the speciality rule, in accordance with Article 13;
Peer comment(s):
| neutral |
philgoddard
: Once again, thanks for the references supporting my answer. In fact this time you've given two instead of the usual one.
8 mins
|
| agree |
Daryo
7 hrs
|
| agree |
Anastasia Kalantzi
2 days 23 hrs
|
Discussion
"This rule is laid down in Art. 27(2) and (3) of Framework Decision 2002/584 (FD EAW). It states that persons surrendered may not be prosecuted, sentenced, or otherwise deprived of their liberty for an offence committed prior to their surrender other than that for which they were surrendered (Art. 27(2))."
https://eucrim.eu/news/cjeu-delivers-judgment-speciality-rul...
https://lexparency.org/eu/32002F0584/ART_27/
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELE... (p.18 & 56)
https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT0000...