Glossary entry

Spanish term or phrase:

Escrito de conformidad o disconformidad

English translation:

Document of agreement or opposition

Added to glossary by Eileen Brophy
Feb 20, 2011 22:28
13 yrs ago
14 viewers *
Spanish term

Escrito de conformidad o disconformidad

Spanish to English Law/Patents Law (general)
Hello,

I'm not sure how to translate the above phrase into good legal English. I've translated it as..

Haciéndoles saber que deben formular escrito de conformidad o disconformidad

Informing them that they are required to lodge written assent or disagreement with the charge

Thank you for any suggestions!!
Change log

Feb 23, 2011 22:19: Eileen Brophy Created KOG entry

Discussion

Jennifer annee (asker) Feb 22, 2011:
That's great, thank you! I'll go with "pleading of agreement or opposition" to the charge then.
Sandro Tomasi Feb 22, 2011:
Jennifer, If you go with written document of agreement or opposition, you may not, depending on context, have enough to get the idea across. In your original explanation of the post you included the phrase with the charge, which is good because it clues the reader in as to what it's all about. In this instance, be sure that it is only one charge. If there is more than one, consider with the complaint instead. On the other hand, using the phrase pleading of agreement or opposition is good because pleading is a specific type of document that informs the court about the party's position in an action and initiates the case. Actually, including with the complaint to this phrase would be O.K. in order to make sure the point gets across. Just some things to consider. Good luck!
Jennifer annee (asker) Feb 21, 2011:
Thank you for your thorough explanation. I think I will go with written document of agreement or opposition. Thanks again!
Sandro Tomasi Feb 21, 2011:
written admission or denial I think that your answer offers an adequate legal effect: you either plead guilty or not guilty; admit to the charges or deny them. But the term written admission or denial may give us problems down the road with other contexts. A written admission or denial in English is just that and does not include what a pleading would, i.e., a calificación del delito, which is what I believe an escrito de conformidad/disconformidad does.
Sandro Tomasi Feb 21, 2011:
continued... At common law, there is something similar to an escrito de conformidad called a plea agreement. But what happens when we need to translate escrito de disconformidad, plea disagreement? I don’t think so. Too akward.

However, if we go back to the concept of pleadings, which is what the civil-law courts do in criminal cases, we could translate as the following:
escrito de conformidad: pleading of agreement
escrito de disconformidad pleading of disagreement, pleading of opposition, pleading to oppose

The translations may sound a bit strange to the legal English ear, but they sound good enough to make them sound acceptable, cluing the person in on the matter, and at the same time warn the English legal mind that the Spanish system is different. Eileen used the word opposition in her answer and I think it sounds much better than disagreement.
Sandro Tomasi Feb 21, 2011:
AllegroTrans, Not enough room to elaborate on our comments in your answer. So I’m posting a discussion.

I am not 100% sure, but I believe that an escrito de conformidad/disconformidad is the defense’s equivalent of a calificación del delito. A calificación del delito is a pleading in criminal court whereby the public prosecutor (fiscal), the private prosecutor (querellante) and the defense set forth or respond to allegations, claims, denials, or defenses. Therefore, if I’m correct in this assertion, I see it as the following:
calificación del delito: escrito de acusación (fiscal), querella (querellante), escrito de conformidad/disconformidad (defensa).
Jennifer annee (asker) Feb 21, 2011:
The offence is Fraud and it's at a Spanish Court. Hope that helps!
AllegroTrans Feb 21, 2011:
@ asker What is the offence and what country is this from please?
Jennifer annee (asker) Feb 20, 2011:
A notice from Criminal Court
AllegroTrans Feb 20, 2011:
Context Is it a notice from a Court? Criminal or civil?
Jennifer annee (asker) Feb 20, 2011:
Una vez designados entréguenselas las actuaciones originales o fotocopia de las mismas, haciéndoles saber que deben formular escrito de conformidad o disconformidad con la acusación en el plazo de diez días, proponiendo en su caso las preubas de que intenten valerse.
AllegroTrans Feb 20, 2011:
Context Please post the complete sentence containing the term as asked

Proposed translations

+1
7 mins
Selected

Document of agreement or opposition

How about this?

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Note added at 36 mins (2011-02-20 23:05:12 GMT)
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Glad to be of assistance :-0))

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Note added at 2 days23 hrs (2011-02-23 22:20:41 GMT) Post-grading
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Thank you Jennifer :-0))
Note from asker:
Thank you, that sounds a lot better!
Peer comment(s):

agree Sandro Tomasi : You could even say "pleading of agreement or opposition."
16 hrs
Thank you Sandro :-0))
Something went wrong...
4 KudoZ points awarded for this answer.
+4
1 hr

written admission or denial

#
Phenithi v Minister of Education and Others (3831/2003) [2004 ...
South Africa: Free State High Court, Bloemfontein. You are here: SAFLII >> Databases > ... to send or deliver a written admission or denial of the above- mentioned charges, with ...
www.saflii.org/za/cases/ZAFSHC/2004/123.html
#
Peer comment(s):

agree philgoddard
10 mins
thanks! goodnight!
agree Bill Harrison (X) : Hurrah.
9 hrs
thanks, hurrah!
agree Margarita Ezquerra (Smart Translators, S.L.)
12 hrs
thank you
agree Yvonne Gallagher
13 hrs
thanks
agree Valeria Carcagno
14 hrs
thanks
disagree Sandro Tomasi : There is a fine line bet. admitting/denying a crime and agreeing or opposing a summary trial (procedimiento abreviado), which is held only with defendant's agreement and winds up being a rubber stamping of the complaint and reduces defendant's sentence.
15 hrs
I don't see "procedimiento abreviado" in the text, but you may have a point; also we don't know what country this is from; care to provide your answer, with refs?
Something went wrong...
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