Oct 11, 2021 09:43
2 yrs ago
40 viewers *
French term
se retirer
French to English
Law/Patents
Law (general)
SWISS French legalese.
This is a case about alleged corruption of "foreign public agents".
"...
En sus, le MPC a déposé ses notes de plaidoiries.
L'occasion a été donnée au prévenu AAA de s'exprimer une dernière fois (art. 347 al. 1 CPP).
Interpellé, il a déclaré ne rien avoir à ajouter.
Au terme des débats, la Cour s'est retirée pour délibérer à huis clos.
..."
I have looked everywhere for se retirer applied to a court, but found nothing. However, the verb which comes to my mind immediately is "to rise" rather than "to withdraw". Any reason why this might not be the solution?
This is a case about alleged corruption of "foreign public agents".
"...
En sus, le MPC a déposé ses notes de plaidoiries.
L'occasion a été donnée au prévenu AAA de s'exprimer une dernière fois (art. 347 al. 1 CPP).
Interpellé, il a déclaré ne rien avoir à ajouter.
Au terme des débats, la Cour s'est retirée pour délibérer à huis clos.
..."
I have looked everywhere for se retirer applied to a court, but found nothing. However, the verb which comes to my mind immediately is "to rise" rather than "to withdraw". Any reason why this might not be the solution?
Proposed translations
(English)
Proposed translations
+5
1 hr
Selected
retire
Courts (and juries) do retire to consider the evidence so there is no reason not to use that. You probably want to avoid translations that potentially imply something more specific about court procedure.
Such a defendant must—
(a)apply in writing—
...
(iii)in any event, before the defendant pleads guilty or the jury (if there is one) retires to consider its verdict at trial;
https://www.legislation.gov.uk/uksi/2020/759/article/3.28/ma...
ORDER OF PROCEDURE IN THE COURT MARTIAL
40 - Court retires to consider sentence. -
Judge Advocate and Board may retire together or may remain in
the courtroom while they deliberate, in which event the court is
cleared.
https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web...
(Links to an official pdf about UK courts martial)
This must be before the defendant pleads guilty or the jury retires to consider verdicts at a trial.
https://www.cps.gov.uk/legal-guidance/abuse-process
Where the defendant has pleaded not guilty, and wishes to change the plea to guilty, they can do so with leave of the court any time before the court retires to consider the verdict.
https://www.inbrief.co.uk/court-proceedings/summary-trial-pr...
Similar citations from other countries can also be found
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Note added at 1 hr (2021-10-11 11:06:22 GMT)
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Like everyone else, I've focused on picking an English term rather than on addressing your exact question (any reason not to say rise?). But I strongly doubt it means any more than "left the courtroom" and "rise" does mean "stand up" rather than "walk out".
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Note added at 1 hr (2021-10-11 11:22:13 GMT)
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@Asker. Yes, "rise" is a formal word, but its formal sense comes from its literal meaning.
So much of the world is constructed from metaphor. It is never a bad thing to remember what the metaphors literally mean.
Such a defendant must—
(a)apply in writing—
...
(iii)in any event, before the defendant pleads guilty or the jury (if there is one) retires to consider its verdict at trial;
https://www.legislation.gov.uk/uksi/2020/759/article/3.28/ma...
ORDER OF PROCEDURE IN THE COURT MARTIAL
40 - Court retires to consider sentence. -
Judge Advocate and Board may retire together or may remain in
the courtroom while they deliberate, in which event the court is
cleared.
https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web...
(Links to an official pdf about UK courts martial)
This must be before the defendant pleads guilty or the jury retires to consider verdicts at a trial.
https://www.cps.gov.uk/legal-guidance/abuse-process
Where the defendant has pleaded not guilty, and wishes to change the plea to guilty, they can do so with leave of the court any time before the court retires to consider the verdict.
https://www.inbrief.co.uk/court-proceedings/summary-trial-pr...
Similar citations from other countries can also be found
--------------------------------------------------
Note added at 1 hr (2021-10-11 11:06:22 GMT)
--------------------------------------------------
Like everyone else, I've focused on picking an English term rather than on addressing your exact question (any reason not to say rise?). But I strongly doubt it means any more than "left the courtroom" and "rise" does mean "stand up" rather than "walk out".
--------------------------------------------------
Note added at 1 hr (2021-10-11 11:22:13 GMT)
--------------------------------------------------
@Asker. Yes, "rise" is a formal word, but its formal sense comes from its literal meaning.
So much of the world is constructed from metaphor. It is never a bad thing to remember what the metaphors literally mean.
Note from asker:
Thanks, yes, but I think "to rise" does in fact mean more than that in a court context: it means "the judge has decided the session in *their* court is ended and everyone must ***** off". It'll be interesting to hear what Adrian MM has to say about this, if anything. |
Peer comment(s):
agree |
Conor McAuley
: Very well argued and very good UK references.
24 mins
|
agree |
AllegroTrans
2 hrs
|
agree |
liz askew
: https://www.google.com/search?q=The Court retired to deliber...
4 hrs
|
agree |
Yolanda Broad
5 hrs
|
agree |
Yvonne Gallagher
4 days
|
4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
+1
11 mins
In recess
This may be more US than UK, but it could still work.
RECESS
"In the practice of courts, a brief interval during which all business is suspended without an adjournment.
A recess in legislative practice is an interval of time between sessions of the same continuous body, as opposed to the period between the final adjournment of one legislative body and the convening of another at the next regular session."
https://legal-dictionary.thefreedictionary.com/Recess
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Note added at 13 mins (2021-10-11 09:56:12 GMT)
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"The High Court WENT INTO RECESS on Tuesday and few, if any, libel hearings are now likely to be heard until it reconvenes in October."
https://www.pressgazette.co.uk/summer-rush-to-libel-court-co...
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Note added at 14 mins (2021-10-11 09:57:15 GMT)
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Normally we would say "adjourned", but this may be a different nuance used, which is why I suggested this word. But is probably all the same.
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Note added at 15 mins (2021-10-11 09:58:28 GMT)
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please ignore above.
Although, having stated that, adjourned may only be relevant for closing a case - so I would definitely go with RECESS
RECESS
"In the practice of courts, a brief interval during which all business is suspended without an adjournment.
A recess in legislative practice is an interval of time between sessions of the same continuous body, as opposed to the period between the final adjournment of one legislative body and the convening of another at the next regular session."
https://legal-dictionary.thefreedictionary.com/Recess
--------------------------------------------------
Note added at 13 mins (2021-10-11 09:56:12 GMT)
--------------------------------------------------
"The High Court WENT INTO RECESS on Tuesday and few, if any, libel hearings are now likely to be heard until it reconvenes in October."
https://www.pressgazette.co.uk/summer-rush-to-libel-court-co...
--------------------------------------------------
Note added at 14 mins (2021-10-11 09:57:15 GMT)
--------------------------------------------------
Normally we would say "adjourned", but this may be a different nuance used, which is why I suggested this word. But is probably all the same.
--------------------------------------------------
Note added at 15 mins (2021-10-11 09:58:28 GMT)
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please ignore above.
Although, having stated that, adjourned may only be relevant for closing a case - so I would definitely go with RECESS
Note from asker:
Thanks, definitely a possibility. But I'm not entirely sure that we can in fact assume that this is a "brief" interlude: we don't know from the excerpt how long they then spent in camera. Your second quote does tend to suggest that in fact "recess" can be for a long time, though. |
Peer comment(s):
neutral |
AllegroTrans
: No, this really means that the Court is not sitting; see https://www.avvo.com/legal-answers/what-does-it-mean-when-a-...
3 hrs
|
This link shows how it means that a court is not sitting for a brief period of time, which is one usage of the term.
|
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agree |
philgoddard
: "Went into recess" is perfectly OK, as are all the answers, but you were first.
4 hrs
|
Thank you
|
|
neutral |
Andrew Bramhall
: Agree with Allegrotrans, in UK English it means that a court is not currently in session;
5 hrs
|
Yes, can be used this way, but also means that it is not sitting for a brief period of time.
|
19 mins
recessed
In addition, the MPC filed its submissions.The defendant AAA was given the opportunity to make a final statement under (Article 347(1) of the Code of Criminal Procedures.
When questioned, he stated that he had nothing to add. At the end of proceedings, the Court recessed to deliberate behind closed doors/ in camera.
When questioned, he stated that he had nothing to add. At the end of proceedings, the Court recessed to deliberate behind closed doors/ in camera.
Peer comment(s):
agree |
AllegroTrans
: Whilst this is not wrong, I think it is more the US term; in UK we are much more likely to say "retired to deliberate"
3 hrs
|
Thank you!
|
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disagree |
Adrian MM.
: a court recess in England + Wales is a holiday. The asker does not stipulate for US Am. // Perhaps you ought to come clean about what non-UK country your 'Code of Crim. Procedures' quote is from, unless India or a Dutch-into-English translation.
12 hrs
|
Sour grapes yet again; 'recessed to deliberate behind closed doors/ in camera" if you read what I put, which you obviously didn't.
|
+4
26 mins
French term (edited):
s'est retirée
withdrew (to deliberate)
Examples from the UN (International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the former Yugoslavia since 1991)
"Decision on Standby Counselhttps://www.icty.org › cases › karadzic › tdec
Oct 14, 2014 — Tribunal's Rules of Procedure and Evidence (“Rules”), and withdrew to deliberate;3. NOTING its appreciation for Standby Counsel's diligence ..."
(Two links about Radovan Karadžić. I don't know if the following two links will work.)
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/viewer.html?pdfurl=https%3A%2F%2Fwww.icty.org%2Fx%2Fcases%2Fkaradzic%2Ftdec%2Fen%2F141014.pdf&clen=29590&chunk=true
"Decision on prosecution's motion for variation of Trial ...https://www.icty.org › cases › seselj › tdecPDF
Mar 20, 2013 — Chamber withdrew to deliberate in private, pursuant to Rule 87 (A) of the Rules,. CONSIDERING that despite the reasoning presented in the ..."
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/viewer.html?pdfurl=https%3A%2F%2Fwww.icty.org%2Fx%2Fcases%2Fkaradzic%2Ftdec%2Fen%2F141014.pdf&clen=29590&chunk=true
European Court of Human Rights, by way of Dalloz (a very good source):
"Jurisprudence | Dallozhttps://www.dalloz.fr › documentation › Document
Before the jury withdrew to deliberate in camera, the High Court's presiding judge, in the presence of the prosecution and the defence, explained in a .."
https://www.dalloz.fr/documentation/Document?id=CEDH_LIEUVID...
Lara mentioned "adjourn": I think "withdrew to deliberate" means that the judge or judges are coming back soon, whereas "adjourn" indicates a longer pause in proceedings.
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Note added at 29 mins (2021-10-11 10:12:19 GMT)
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A little tangent:
"In camera": A Latin term literally meaning "in chambers" but carrying the meaning "in private". This refers to portions of a case that are held in private before a judge. The press and the public are not allowed to take part.
"Decision on Standby Counselhttps://www.icty.org › cases › karadzic › tdec
Oct 14, 2014 — Tribunal's Rules of Procedure and Evidence (“Rules”), and withdrew to deliberate;3. NOTING its appreciation for Standby Counsel's diligence ..."
(Two links about Radovan Karadžić. I don't know if the following two links will work.)
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/viewer.html?pdfurl=https%3A%2F%2Fwww.icty.org%2Fx%2Fcases%2Fkaradzic%2Ftdec%2Fen%2F141014.pdf&clen=29590&chunk=true
"Decision on prosecution's motion for variation of Trial ...https://www.icty.org › cases › seselj › tdecPDF
Mar 20, 2013 — Chamber withdrew to deliberate in private, pursuant to Rule 87 (A) of the Rules,. CONSIDERING that despite the reasoning presented in the ..."
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/viewer.html?pdfurl=https%3A%2F%2Fwww.icty.org%2Fx%2Fcases%2Fkaradzic%2Ftdec%2Fen%2F141014.pdf&clen=29590&chunk=true
European Court of Human Rights, by way of Dalloz (a very good source):
"Jurisprudence | Dallozhttps://www.dalloz.fr › documentation › Document
Before the jury withdrew to deliberate in camera, the High Court's presiding judge, in the presence of the prosecution and the defence, explained in a .."
https://www.dalloz.fr/documentation/Document?id=CEDH_LIEUVID...
Lara mentioned "adjourn": I think "withdrew to deliberate" means that the judge or judges are coming back soon, whereas "adjourn" indicates a longer pause in proceedings.
--------------------------------------------------
Note added at 29 mins (2021-10-11 10:12:19 GMT)
--------------------------------------------------
A little tangent:
"In camera": A Latin term literally meaning "in chambers" but carrying the meaning "in private". This refers to portions of a case that are held in private before a judge. The press and the public are not allowed to take part.
Peer comment(s):
agree |
Andrew Paul Kennett
: As you say, se retirer is to withdraw to deliberate, either on a point of law or to discuss the case in question possibly concerning the judgment or sentence to be given.
6 mins
|
Thanks Andrew!
|
|
agree |
Emmanuella
1 hr
|
Thanks Emmanuella!
|
|
agree |
AllegroTrans
3 hrs
|
Thanks very much Chris!
|
|
agree |
Yolanda Broad
6 hrs
|
Thanks Yolanda!
|
-1
5 hrs
French term (edited):
se retirer pour délibérer à huis clos
to adjourn into chambers for deliberation / to retire to chambers to deliberate
Reading the phrase as a whole, I reckon this is one way of expressing the idea - an adjournment e.g. for an onsite inspection of a public nuisance being common throughout the English / Anglo-American-Irish Common Law world.
Middling confidence level as all the other answers: queried as per Allegro > court recess for all of us going on a summer holiday - seem right or superior.
Be that as it may, I've expanded the question to incporate the adjournment discussion entries.
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Note added at 13 hrs (2021-10-11 23:00:07 GMT)
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Please read the above example sentences *carefully* and note the prepositions : 'A summons or citation issued in chambers, and *adjourned into* court for argument.' The cyclopedic dictionary of law, Walter A. Shumaker, George Foster Longsdorf · 2007
Middling confidence level as all the other answers: queried as per Allegro > court recess for all of us going on a summer holiday - seem right or superior.
Be that as it may, I've expanded the question to incporate the adjournment discussion entries.
--------------------------------------------------
Note added at 13 hrs (2021-10-11 23:00:07 GMT)
--------------------------------------------------
Please read the above example sentences *carefully* and note the prepositions : 'A summons or citation issued in chambers, and *adjourned into* court for argument.' The cyclopedic dictionary of law, Walter A. Shumaker, George Foster Longsdorf · 2007
Example sentence:
The Lords would proceed on the trial on the first then adjourned to their own chamber to Tuesday in the next session of parliament . consult and deliberate .
Judges have retired to chambers to deliberate the ** verdict. They will update the court at 7pm local, 1pm ET
Peer comment(s):
disagree |
Andrew Bramhall
: No; " adjourn INTO"?? " retire TO chambers"?? No juries retire, not judges, and 'adjourn' is to put legal proceedings on temporary hold;///False understanding of meaning of adjourn. Courts adjourn, not the judges. They merely impose the said adjournments.
7 mins
|
1. 'Before giving a verdict at the end of each episode, the 3 judges adjourn to a separate chamber to discuss weigh the testimony they have just heard' 2. 'Both sides made closing arguments. The court *retired* to deliberate + found Captain McVay guilty.'
|
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neutral |
AllegroTrans
: "into" sounds decidely odd
1 hr
|
Cap. 4A The Rules of the High Court Order 32 Applications https://www.elegislation.gov.hk › 01.02.2018 — Any matter heard in court by virtue of a direction under paragraph (1) may be *adjourned from court into chambers.*
|
-1
1 day 15 hrs
to be allowed an interval
The person had nothing else to add to the statement after questioning. The Court took an interval to allow them time to deliberate and consider in privacy (behind closed doors).
(FR: La personne n'avait rien d'autre à dire après l'interpellation ou la partie interrogative. La Cour a pris un entracte ou un intervale de temps pour les permettre assez de temps pour délibérer et considérer en privacie (derrière les portes fermées.)
(FR: La personne n'avait rien d'autre à dire après l'interpellation ou la partie interrogative. La Cour a pris un entracte ou un intervale de temps pour les permettre assez de temps pour délibérer et considérer en privacie (derrière les portes fermées.)
Peer comment(s):
disagree |
AllegroTrans
: Theatre performances have intervals; law courts do not; wrong terminology
3 days 11 hrs
|
5 days
rose (to delibarate)
Jury to decide fate of teenagers and woman in stabbing case
https://www.echo-news.co.uk › news › 12974835.jury-t...
27 May 2015 — ... now hangs in the balance after the jury rose to deliberate their verdict just before 11am at Chelmsford Crown Court today.
Lekki Shooting: Adegboruwa Raises Alarm Over Plot To ...
https://www.channelstv.com › 2021/09/18 › lekki-shoot...
18 Sept 2021 — Although he did not return with the panel after it rose to deliberate on the submissions by the Lagos State counsel to call expert witnesses ...
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Note added at 5 days (2021-10-16 12:08:52 GMT)
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August September 2001 by Law Society Gazette - issuu
https://issuu.com › lawsocietyofireland › docs › augusts...
7 Feb 2014 — After about an hour and a half of mooting, the court rose to deliberate, and Loughlin Deegan and Barry Sheehan were named this year's ...
Jury to decide fate of teenagers and woman in stabbing case
https://www.echo-news.co.uk › news › 12974835.jury-t...
27 May 2015 — ... now hangs in the balance after the jury rose to deliberate their verdict just before 11am at Chelmsford Crown Court today.
Lekki Shooting: Adegboruwa Raises Alarm Over Plot To ...
https://www.channelstv.com › 2021/09/18 › lekki-shoot...
18 Sept 2021 — Although he did not return with the panel after it rose to deliberate on the submissions by the Lagos State counsel to call expert witnesses ...
BOARD OF REVIEW DECISION - Mass.gov
https://www.mass.gov › doc › download
conduct rose to deliberate misconduct in wilful disregard of the employer's interest. Board of Review. Paul T. Fitzgerald, Esq. 19 Staniford St., 4th Floor.
Dumfries songwriter joins indie rock band the Kaiser Chiefs on ...
https://www.dailyrecord.co.uk › ... › Dumfries
12 May 2016 — St Joseph's College student won a Youth Award last year for her song Cowboy of the Night. She is delighted to be back again this year but ...
Mr A Wanis v Royal Mail Group Ltd - EMPLOYMENT ...
https://assets.publishing.service.gov.uk › media › Mr_A_...
29 Mar 2019 — (27) I rose to deliberate on the application for reconsideration at 12:15. I returned and gave a judgement, without reasons, at 12:30.
7 pages
Discussion
RISING OF COURT
Properly the final adjournment of the court for the term, though the term is also sometimes used to express the cessation of judicial business for the day or for a recess; it is the opposite of “sitting” or “session.”
Black's Law Dictionary
https://thelawdictionary.org/rising-of-court/
So if you avoid communicating the latter meaning, you're all set, basically.
So much of the world is constructed from metaphor. It is never a bad thing to remember what the metaphors literally mean.
As Conor's entry below points out, "recess" and "adjourn" both say something else about the formal progress of the proceedings.
Maybe Eliza or Phil can chip in?