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(q.e.d.)

Glossary entry

Spanish term or phrase:

sentencia en defecto

English translation:

sentenced in absentia

Added to glossary by Melisa Fernández Rosso
Feb 25, 2011 22:03
13 yrs ago
4 viewers *
Spanish term

sentencia en defecto

Spanish to English Law/Patents Law (general) Criminal Procedure
In Criminal Law, this type of decision is imposed although one of the parties is not present -usually the defendant or respondent.
Is there a translation in English or do I have to explain the idea?
Proposed translations (English)
3 +2 sentenced in absentia
4 -1 sentencing in absence

Discussion

FVS (X) Feb 26, 2011:
Firstly We need to know the country.
Secondly, sentencia in criminal law is usually verdict, or conviction, not sentencing as such.
Thirdly, in criminal cases judgments (sentencias) are often made for civil redress in the same proceedings, so we need more information here.

In short, this question cannot be answered without more background.
meirs Feb 25, 2011:
In civil law is "default judgement" if the respondent does nothing in his defense

Proposed translations

+2
9 mins
Selected

sentenced in absentia

In English we generally say tried in absentia. I don't know about sentenced though. Maybe tried and sentenced in absentia.

suggestion

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Note added at 18 mins (2011-02-25 22:21:51 GMT)
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Here is another link for you which has the words "sentenced in absentia"

http://articles.cnn.com/2010-05-20/world/iran.journalist.sen...
Reference:

http://en.wikipedia.org/wiki/In_absentia

Peer comment(s):
agree Yvonne Gallagher : meirs also correct about "default judgement"
3 hrs
agree Ruth Ramsey : Yes, or "default judgment".
1 day 18 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you for your precise answer. I'm a lawyer so I checked the term and it was the appropiate one ;)"
-1
11 mins

sentencing in absence

Another suggestion

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Note added at 10 hrs (2011-02-26 08:25:26 GMT)
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Here some links:

The Director of Operations reported that he had discussed the issue with the HMCS Director of Legal Services and had agreed that sentencing in absence in ...
www.surreysussexprobation.gov.uk/servefile.aspx?docid=172

Criminal Justice and Immigration Act 2008
54Trial or sentencing in absence of accused in magistrates' courtsE+W. (1) Section 11 of the Magistrates' Courts Act 1980 (non-appearance of accused) is ...
www.legislation.gov.uk/.../proceedings-in-magistrates-court...

CanLII - Provincial Offences Act, R.S.O. 1990, c. P.33 -
(3)Sentencing in absence. 119.Written argument. 120.(1)Orders on appeal against conviction, etc. 120.(2)Idem. 120.(3)Idem. 121.Orders on appeal against ...
www.canlii.org › ... › Ontario › Statutes and Regulations

Criminal Procedure Act 2009
10 Mar 2009 ... 87 Limitations on sentencing in absence of accused 81. Part 3.4—Rehearing 83. 88 Right to apply for rehearing 83 ...
www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/.../09-007...
Peer comment(s):
disagree Matthew Fuzzey : The Latin word absentia is used in a Legal setting in place of absence.
4 mins
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