Greg Cheers Sykes (asker) Oct 7, 2014:

Perfect, Rebecca! I think that fits perfectly with it. Atestado looks like it fits more or less! :) Below is an example of an affidavit of probable cause. The police have gathered information about the crime and submit it to a judge basically asking permission to arrest the person on the information in the affidavit. Most of the time police do this, I'm not sure if a private citizen could do this or not, but I suspect that it's also possible. :)

https://es.scribd.com/doc/241098268/Affidavit-of-Probable-Ca...

Rebecca Jowers Oct 7, 2014:

Denuncia vs. Atestado Policial Hi again,

I can only speak for the terminology used in Spain, but since your text is referring to an affidavit of probable cause signed by a police officer, perhaps it would be misleading to call it a “denuncia”. In Spain “denuncia” denotes a private citizen’s report of a crime to the police. A police officer’s report of a crime or any investigatory procedures carried out to determine the circumstances of a criminal offense is called an “atestado policial.” (Of course this terminology may be different in other Spanish-speaking jurisdictions, so as Henry indicated, it would be useful to know your target audience.) Here's a definition of "atestado policial" as used in Spain that may help you decide if it fits your text:

http://www.dgt.es/Galerias/seguridad-vial/unidad-de-victimas...

Greg Cheers Sykes (asker) Oct 6, 2014:

So in the end, is there anything that exists in which a police officer would gather evidence, s/he is pretty sure that with all this evidence it's enough to say: hey, yeah, this person probably committed this crime, then he presents that evidence before a judge (in an affidavit of probable cause) and the judge agrees with him/her and issues an arrest warrant, or the judge does not agree that it's enough, so s/he denies an arrest warrant. I think this is just done in the denuncia, but does such a document exist?

I doubt an exact thing exists in Spain at least, as there, the judges do the investigations a lot of time (sistema acusatorio). But, is there some type of documents the judge might have to show the probable cause (indicios racionales) in to prove the basis for the arrest? If there's not, maybe it's best to just use a literal translation: affidavit = declaración jurada and probable cause = indicios, and call it a day, chalk it up to a difference between the two systems.

Greg Cheers Sykes (asker) Oct 6, 2014:

Sorry for the late response.
Indeed Rebecca, Jowers. Indicios racionales (de criminalidad) is what's used in Spain for probable cause (same in other countries too), in some countries they just say: indicios or indicios vehementes.
Causa probable is used in Puerto Rico--no other Spanish-speaking country, and it's only used there because it's a direct and literal translation from English. No problem with this, not disdaining it, but would like a word that's not influence by an Anglo-legal system, something purely civil, Spanish, etc. (bearing in mind no system is completely its own, ha ha).

Motivo fundado is pretty close, but it's different than probable cause--it's more like reasonable ground, but I understand, it's very similar.

Now on to orden or auto de detención. That is indeed different (as others have mentioned above), because it is what the judge issues IF he agrees with the police's affidavit of probable cause.

Therefore, I think maybe: denuncia sobre los indicios may be a good translation, maybe declaración jurada sobre los indicios (de criminalidad).

With all this in mind, what do you say now? Thanks, this has been a great discussion!

lorenab23 Oct 4, 2014:

at least in the California courts Probable cause is translated as "motivo fundado"
http://www.proz.com/kudoz/english_to_spanish/law_general/103...
http://www.proz.com/kudoz/english_to_spanish/law_general/820...
http://www.dictionary-spanish-english.com/en/dictionary-span...
http://studydroid.com/index.php?page=viewPack&packId=31798&b...

Henry Hinds Oct 3, 2014:

Probable responsabilidad penal This is the formula they use for the similar concept in Mexico, just for information.

Nico Translation Oct 3, 2014:

Reference: "In Spanish translation, for example, ‘case’ can always be translated as caso if it is the special facts or general issue under consideration that are referred to, as when judges refer to el caso de autos (i.e. ‘the case at issue, the instant case’) or even make comments like como en el caso presente (i.e. ‘as in [the facts of] the present case’). At its widest, the phrase ‘probable cause’, which is more common in US usage, refers to the general basis on which an action is pursued, and may therefore be regarded as equivalent to ‘cause or right of action’."

Alcaraz, Enrique; Hughes, Brian; Pym, Anthony (2014-04-08). Legal Translation Explained (Translation Practices Explained)

Andrew Bramhall Oct 3, 2014:

Well then, ... Use 'orden de detención' as it amounts to the same thing;

Greg Cheers Sykes (asker) Oct 3, 2014:

Please, causa probable, means probable case, not probable cause. Causa probable is only used in Puerto Rico, and that's due to a heavy English influence. I do not want causa probable at all in this translation. Thanks though!