Glossary entry (derived from question below)
French term or phrase:
extinction (de l'action publique)
English translation:
extinguishing/discontinuance/ of public prosecution
Added to glossary by
KirstyMacC (X)
Nov 28, 2003 21:07
21 yrs ago
49 viewers *
French term
extinction (de l\'action publique)
French to English
Law/Patents
criminal law procedure
In a long doc. describing French criminal law.
"L'extinction de l'action publique constitue un obstacle définitif à l'exercice de cette action. L'action publique s'éteint par le décès du délinquant, l'amnistie et l'abrogation de la loi pénale," etc etc.
I have of course found "extinguishment" but am wondering if that doesn't really apply to rights such as easements? Can it also be used here? Can any legal-minded Prozies confirm this for me ? And what about the verb "s'éteint" ?
Thanks in advance(preferably British English please).
Buzzy
"L'extinction de l'action publique constitue un obstacle définitif à l'exercice de cette action. L'action publique s'éteint par le décès du délinquant, l'amnistie et l'abrogation de la loi pénale," etc etc.
I have of course found "extinguishment" but am wondering if that doesn't really apply to rights such as easements? Can it also be used here? Can any legal-minded Prozies confirm this for me ? And what about the verb "s'éteint" ?
Thanks in advance(preferably British English please).
Buzzy
Proposed translations
(English)
Proposed translations
1 hr
Selected
extinguishing/discontinuance/ of public prosecution
Extinguished rather than extinguishment. So the verb will be extinguished on/discontinued by/ the offender's death etc.
In GB requires 'notice of discontinuance' by the DPP under s. 23 of the UK Prosecution of Offences Act 1985. But, here, the discontin. is automatic i.e. on death and requires no such notice.
Nolle prosequi is again notice by the AG, usually to stop a PRIVATE prosecution. Nolle prosequied will work as a verb in AE but not BE: enter an NP.
In GB requires 'notice of discontinuance' by the DPP under s. 23 of the UK Prosecution of Offences Act 1985. But, here, the discontin. is automatic i.e. on death and requires no such notice.
Nolle prosequi is again notice by the AG, usually to stop a PRIVATE prosecution. Nolle prosequied will work as a verb in AE but not BE: enter an NP.
4 KudoZ points awarded for this answer.
Comment: "Thank you all, the points are going here for the extra info while in fact I used both extinguished and (automatically) terminated in my final version. "barred" didn't seem to work because that would prevent you from starting, rather than stoping action that had already begun. "
4 mins
extinguishment
seems the most appropriate.
9 mins
French term (edited):
extinction (de l'action publique)
annullment (of the prosecution)
my take
+3
16 mins
French term (edited):
extinction (de l'action publique)
termination (of crimal proceedings)
Extinguishment, as you note, is for rights. Action here means the procecution. Eteint can be translated as "becomes barred".
Peer comment(s):
| agree |
cjohnstone
: though éteint means more lapsed...
30 mins
|
|
Thanks. Lapsed is good too, though I believe that proceedings are barred by an event and lapse because of time
|
|
| agree |
Jean-Luc Dumont
: termination of prosecution (proceedings)
1 day 5 hrs
|
| agree |
Pablo Grosschmid
1 day 13 hrs
|
17 mins
French term (edited):
extinction (de l'action publique)
extinguishment
is used here in connection with "extinguishment of rights and duties". I've found it in another site in relation to treaties.
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Note added at 18 mins (2003-11-28 21:25:49 GMT)
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Oh yes, public prosecution is extinguished...
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Note added at 18 mins (2003-11-28 21:25:49 GMT)
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Oh yes, public prosecution is extinguished...
Reference:
55 mins
Abdellatif Bouhid
Native in French
Respect for the Words
Native in: Arabic 
, French
Works in: English to French, Arabic to French, French to English, and 1 more.
Related KudoZ points
:
390
barring of public prosecution ............ barred
barred bar·ring
To keep out exclude (cannot bar the items from sale)
To prevent from doing or accomplishing (something) (plaintiff's conduct may bar her recovery) (the contract bars his reinstatement)
preclude: as
To act as a bar to (as a claim or action) (liberative prescription bars actions - Louisiana Civil Code) (final judgment barred the subsequent claim)
To prevent (a party) from bringing a claim or action (plaintiffs are barred by the judgment…from relitigating their claims - Roach v. Teamsters Local Union No. 688, 595 F.2d 446 (1979))
Merriam-Webster's Dictionary of Law 1996
To keep out exclude (cannot bar the items from sale)
To prevent from doing or accomplishing (something) (plaintiff's conduct may bar her recovery) (the contract bars his reinstatement)
preclude: as
To act as a bar to (as a claim or action) (liberative prescription bars actions - Louisiana Civil Code) (final judgment barred the subsequent claim)
To prevent (a party) from bringing a claim or action (plaintiffs are barred by the judgment…from relitigating their claims - Roach v. Teamsters Local Union No. 688, 595 F.2d 446 (1979))
Merriam-Webster's Dictionary of Law 1996
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