Mar 8, 2014 12:16
10 yrs ago
Russian term

в связи с неустановлением лица,подлежащего привлеч-ю к уголовной ответственности

Russian to English Law/Patents Law (general) criminal investigation/proceedings (Soviet/post-Soviet law)
Резолютивная часть постановления о приостановления уголовного дела:
"1. Уголовное дело № Х в связи с неустановлением лица, подлежащего привлеч-ю к уголовной ответственности, производством приостановить. ... "

Из мотив. части этого же постановления:
"по уголовному делу отсутствует лицо, подлежащее привлеч-ю к уголовной ответственности, "

Discussion

The Misha Mar 8, 2014:
@ Angeliki Do we by any chance have a BrE/AmE issue here? You are right, the formula is out there, but this is definitely not what I see in legal docs on my side of the pond, and it does sound a bit off. Could any fellow Americans possibly weigh in on this? Angela?

You are right, of course, about "perpetrator" being an assumption, and I take that part back. You are right, and I am wrong on this one - unless, of course, we are practicing law a la Mr. Vyshinski here:)

Proposed translations

+3
30 mins
Selected

Due to the fact that the individual liable to prosecution had not been identified ...

-

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Note added at 2 hrs (2014-03-08 14:28:26 GMT)
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http://www.oxforddictionaries.com/definition/english/liable?...
Peer comment(s):

agree Jack Doughty
6 mins
Thanks, Jack!
neutral The Misha : There's a grammar issue here: you can't be "liable to prosecution". You can be liable for something, or liable to be prosectuted (although no one really puts it this way). What you really want to say here is perpetrator or offender.
30 mins
Of course you can be "liable to prosecution". It is a phrase widely used in legal circumstances, in the UK anyway. And I definitely didn't want to use the word "perpetrator", because that would be a massive assumption.
agree eduard_ : subject to prosecution
2 hrs
Thank you
agree cyhul
1 day 14 hrs
Thank you
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
+1
1 hr
Russian term (edited): в связи с неустановлением лица, подлежащего привлеч-ю к уголовной ответственности

due to the fact that the perpetrator of the crime had not been established during the investigation

Another version of the translation

In view of the gravity of these international crimes and the obligation to investigate, prosecute, punish, and make reparations, states should cooperate to ensure that the perpetrators of these crimes do not remain unpunished.

... to prosecute such crimes and guarantee the application of rules of due process for the alleged perpetrators, and that there is an effective will to bring them to justice.
... guarantees of a fair trial to the alleged perpetrators.

...When a state does not grant extradition, it will submit the case to its competent authorities as if the crime had been committed within its jurisdiction, for the purposes of investigating, trying, and, where appropriate, punishing the perpetrators.

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Note added at 1 hr (2014-03-08 14:11:52 GMT)
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http://www.cidh.oas.org/resolutions/1.03.int.crimes.resoluti...

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Note added at 1 hr (2014-03-08 14:12:48 GMT)
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http://jec.unm.edu/manuals-resources/glossary-of-legal-terms
Example sentence:

`We must solve this wretched mystery, and find the perpetrator and get them locked behind bars.

A perpetrator is a person who is responsible for a crime. While a suspect may be suspected of having committed a crime, this term is used for the person who actually committed it.

Peer comment(s):

agree LilianNekipelov : I prefer this.
22 hrs
Thank you, Lilian.
Something went wrong...
1 day 5 hrs

due to the fact that the indictment has not been issued in this case

I'm not an expert in legal field, I just think this sounds more American.
If you need to have "лицо", you can probably say:
due to the fact that the person to be indicted (indictee) in this case has not been identified
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