Glossary entry

French term or phrase:

interrogé et jugé comme prévenu

English translation:

examined and tried as charged

Added to glossary by Adrian MM. (X)
Jan 17, 2015 22:17
9 yrs ago
7 viewers *
French term

interrogé et jugé comme prévenu

French to English Law/Patents Law (general)
A été cité à comparaître par devant le Tribunal pour être interrogé et jugé comme prévenu
Change log

Feb 5, 2015 07:34: Adrian MM. (X) Created KOG entry

Discussion

Tim Webb Jan 18, 2015:
Adrian Yes, you are quite right. I was thrown by the asker's sparsing (truncated). I suppose the ST must be 'comme prévenu DE' qqch

This may be an interesting chapter for Robin : http://www.btb.termiumplus.gc.ca/tpv2guides/guides/juridi/in...
Adrian MM. (X) Jan 18, 2015:
comme = comme and not en qualité de To reinforce Allegro’s point and also echoing Tim W's past engagement with an ès prepositional phrase, ‘comme’ acts as an adverb. Beware of subconsciously and subliminally reverse-Anglicizing ès qualité de prévenu into comme prévenu:

https://books.google.at/books?id=kbg-AAAAcAAJ
requête du ministère public , comme prévenu d'usure et d'escroquerie

Does Prof. Noam Chomsky’s deep structure grammatical theory operate here to resolve the ambiguity? Probably not.
Tim Webb Jan 18, 2015:
AllegroTrans That article is about prévenir et prendre en charge drug addicts: more concerned with prevention/increasing awareness
AllegroTrans Jan 18, 2015:
Use as a verb meaning to charge See this doc: http://www.afro.who.int/pt/togo/press-materials/item/6562-pr...
Tim Webb Jan 18, 2015:
Prévenir = to charge? I'm not so sure, AllegroTrans and BDF. Prévenir does not mean to charge, so prévenu cannot be a pp here (unless it means "as warned"). It must be a noun (defendant)
AllegroTrans Jan 18, 2015:
As BDF correctly points out we are not talking about "un prévenu" at all - the word is being used as a past participle and this is plainly evident from the sentence
Adrian MM. (X) Jan 18, 2015:
@Robin L. It was you who claim that the 'prévenu' would turn into a 'defendant' once formal charges have been entered.
Jennifer Levey Jan 18, 2015:
@A MM If you can't differentiate between those concepts you're asking about, why don't you ask on a legal forum, instead of here? And if you do that, I'd suggest you indicate the jurisdiction(s) you're asking about.
Adrian MM. (X) Jan 18, 2015:
@Robin L. 'I don't think a 'prévenu' would be a 'defendant' until formal charges have been entered.'

You don't 'think' - then please tell us what is the difference between a suspect, an accused and a defendant.
Jennifer Levey Jan 17, 2015:
? What happened to James' comment that I took the time to respond to?
Jennifer Levey Jan 17, 2015:
@James I don't think a 'prévenu' would be a 'defendant' until formal charges have been entered.
Like everything else in the legal field, it depends critically on the jurisdiction. And Asker has told us nothing about that 'detail'.

Proposed translations

+2
1 hr
Selected

examined and tried as charged

Examined *inquisitorially* by a French investigating magistrate vs. the Anglo-Am. *adversarial* system of opposing Counsel or Litigants-in-Persons examining in-chief or cross-examining each other and witnesses.

Surely, this is grass-roots French vs. (English) Common Law stuff.
Peer comment(s):

disagree Jennifer Levey : 1. This is a language forum, not a legal forum. 2. Asker has not named the ST and TT jurisdictions. 3. Regardless of those jurisdictions, the terms must be assessed in accordance with the ST jurisdiction. 4 You're pre-judging the facts (as usual).
12 mins
Pls. stop over-reacting 1. The language is unintelligible without the legal background; 2. my answers do not refer to a TT jurisdiction 3. The inquisitorial system is what they are assessed by and 4. the answers are post-judging the words asked.
agree B D Finch : Noting that "prévenu" is a past participle here ("as charged"), not a noun ("an accused").
10 hrs
Thank you for your valuable grammatical and syntactical insight.
agree AllegroTrans : // well no, it's a matter of voting for the right answer and disagreeing with wrong answers, not verbal warfare
19 hrs
Thx. Keep on outvoting the detractors.
agree Simo Blom
17 days
Kitos huvää!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
-2
12 mins

(to be) questioned (in his capacity as) an accused

I have no idea how these things are phrased in English (in a jurisdiction we are blissfully unaware of), but what it 'means' is that the person is being interrogated as an 'accused', not as a 'witness', or in some other capacity.

Don't confuse 'jugé' (considered to be, in the capacity of) with 'jugé' (sentenced).
Peer comment(s):

disagree Adrian MM. (X) : If you have no idea how these things are phrased in English, then you shouldn't be answering in the first place.
1 hr
disagree AllegroTrans : 'prévenu' is not a noun here
20 hrs
Something went wrong...
1 day 12 hrs

To be questioned and judged as the accused

To be questioned and judged as the accused
Something went wrong...
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