Glossary entry

Spanish term or phrase:

decretar de oficio

English translation:

sua sponte

Added to glossary by patinba
Dec 9, 2009 20:02
14 yrs ago
9 viewers *
Spanish term

decretar de oficio

Spanish to English Law/Patents Other Criminal Law
From a Colombian Court document:

Mediante providencias del 22 de abril y 20 de mayo de 2009, la Sala no ordenó la práctica de las pruebas solicitadas por la defensa ni consideró necesario decretar de oficio.

I'd love to have one of you intelligent nice folks explain to me what this sentence means. Thanks.
Change log

Dec 23, 2009 12:12: patinba Created KOG entry

Discussion

jacana54 (X) Dec 9, 2009:
It means that the court didn't find that it needed to get evidence on the court's own initiative. I know this is strange for people who are familiar with the common law system, but in countries that have inherited the Roman law system, judges in with jurisdiction in criminal cases have the authority (and the duty) to investigate the facts of the case and to try to get evidence in order to clarify what happened.

Proposed translations

+3
25 mins
Selected

sua sponte

"to act sua sponte"
Explanation courtesy of Wikipedia:
In law, the term sua sponte (Latin "on its own will or motion.") means to act spontaneously without prompting from another party. The term is usually applied to actions by a judge taken without a prior motion or request from the parties. The plural form nostra sponte is sometimes used when the action is taken by a multi-member court, such as an appellate court, rather than a single judge.

Reorganizations under chapter 11 of the Bankruptcy Code - Resultado de la Búsqueda de libros de Google
de Richard F. Broude - 1986 - Business & Economics
Nevertheless, and although it may be tilting at windmills, it is not clear that the court would have the power to act sua sponte in every situation. ...
books.google.com.ar/books?isbn=158852034X... -
Matter of G-D-: BIA Will Reconsider Cases on Its Own Motion ... - [ Traducir esta página ]
In order to act sua sponte, the BIA "must be persuaded that the respondent's situation is truly exceptional." The majority acknowledged that in Matter of ...
www.nilc.org/immlawpolicy/.../removpsds043.htm - En caché - Similares -
Use of Rule 60(b) to Vacate Federal Denaturalization Decree ... - [ Traducir esta página ]
such power, to permit the court to act sua sponte would be in accord with the policy of construing the Federal Rules liberally to facilitate relief. ...
www.jstor.org/stable/1226707 -
Peer comment(s):

agree Henry Hinds : Or "to issue a sua sponte order".
38 mins
Thank-you, Henry!
agree jacana54 (X) : Viste que Henry siempre sabe... tendría que ser abogado ;-)))
3 hrs
Me parece que ha pasado mucho tiempo en los tribunales ;) Gracias Lucía!
agree Emma Ratcliffe
20 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
20 mins

by its own account

I had before said: by written communication. It is only apply to "un oficio legal" .
But, I think in this case it is what I now indicate. Sorry.
Something went wrong...
41 mins

give an ex officio decision

ie by virtue of its office or status. You could also say issue a decree.
Something went wrong...
58 mins

give its own ruling/rule on

in other words, did not consider it within its remit to reach a decision in the case
Something went wrong...
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