Jun 18, 2018 15:52
5 yrs ago
22 viewers *
Spanish term

Régimen de presentación

Spanish to English Law/Patents Law (general) criminal procedural law
I would appreciate your help with the translation of “régimen de presentación” in the following context:

“En horas de la noche de este jueves fue dictada medida sustitutiva de libertad y régimen de presentación cada 15 días a favor de los 68 jóvenes detenidos durante manifestaciones en apoyo a la libertad de expresión y a RCTV”

My try:
“On Thursday night, the 68 young people arrested during demonstrations in support of freedom of expression and the tv channel RCTV, were given non-custodial sentences, in addition to court-appearance every 15 days”.
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The “régimen de presentación” is dealt with in article 256 of the Venezuelan Code of Criminal Procedure, as follows:

De las Medidas Cautelares Sustitutivas
Artículo 256.
Modalidades. Siempre que los supuestos que motivan la privación judicial preventiva de libertad puedan ser razonablemente satisfechos con la aplicación de otra medida menos gravosa para el imputado, el tribunal competente, de oficio o a solicitud del Ministerio Público o del imputado, deberá imponerle en su lugar, mediante resolución motivada, algunas de las medidas siguientes:
(…)
3. La presentación periódica ante el tribunal o la autoridad que aquel designe;
(…)
(http://www.wipo.int/edocs/lexdocs/laws/es/ve/ve017es.pdf)
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Many thanks in advance

Discussion

Manuel Cedeño Berrueta (asker) Jun 18, 2018:
So, “to report to” is better than “to appear before”, right?
neilmac Jun 18, 2018:
Your version is more or less OK. La "... autoridad que aquel designe" puede ser el retén de la policía, u otra instancia.

Proposed translations

2 hrs
Selected

requirement to report (to the Court)

I always avoid "regime" as it sounds political
Although I agree with Phil that 15 dias effectively means a fortnight, I would still translate as 15 days
Peer comment(s):

neutral philgoddard : We don't know that it's a court.
4 hrs
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4 KudoZ points awarded for this answer. Comment: "Many thanks, Allegro, Phil and Andrés. In fact, they had to report to the Court, as I confirmed with another source. "
54 mins

and ordered to report to the authorities

The definition you cite says "la presentación periódica ante el tribunal o la autoridad", but I think "authorities" is OK as a translation, since the court is an authority.

I would say "every two weeks" for "cada 15 dias" - Spanish and other languages say 15 where we say 14. Also, the comma after "RCTV" in your translation is incorrect.
Peer comment(s):

neutral AllegroTrans : "to the authorities" would be inaccurate here, if this really means they have to report to the Court itself every 15 days
31 mins
Like I said, we don't know whether this is a court or some other authority. One strong possibility is that they have to report to a police station.
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4 hrs

conditional parole

conditional parole with required court appearance every 15 days

sources:

Venezuela Country Report | Freedom on the Net 2017 - Freedom House
https://freedomhouse.org/report/freedom-net/2017/venezuela
..... he received a parole measure that requires him to appear in court every 15 days.

Brutality, Torture, and Political Persecution in Venezuela | HRW
https://www.hrw.org/.../brutality-torture-and-political-pers...
29 nov. 2017 - He was released on condition that he present himself before the courts every 15 days.

VENEZUELA EXECUTIVE SUMMARY Venezuela is a multiparty ...
https://www.state.gov/documents/organization/186760.pdf
VENEZUELA ..... government granted conditional parole to 44 of the 54 prisoners and .... escort Afiuni to her required court appearance every 15 days. The court ...

Timeline Venezuela - timelines.ws
www.timelines.ws/countries/VENEZUELA.HTML
...... parole but would be required to appear before authorities every 15 days. ...... 2017 Jul 14, The Venezuelan state prosecutor's office called for the conditional release of ...

Venezuelan court stops judge from using social media - IFEX
https://www.ifex.org/venezuela/.../lourdes_afiuni_social_med... -
20 jun. 2013 - ... under parole; she must present herself every 15 days at the courts, ...

Former governor granted parole after two months in detention - IFEX
https://ifex.org/venezuela/2010/05/19/alvarez_paz_parole/
19 may. 2010 - Former governor granted parole after two months in detention ... The political leader must appear before the court every 15 days; ...
Peer comment(s):

neutral AllegroTrans : Parole (I can only speak for the UK) is only granted after release from time in prison; this doesn't appear to be the situation here; and in any case, "conditional" seems to be superfluous since there are always conditions attached to parole
24 mins
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Reference comments

3 hrs
Reference:

Difference Between Probation and Parole

Difference Between Probation and Parole
https://criminal-law.freeadvice.com › ... › ARTICLE
Probation and parole are both alternatives to incarceration. However, probation occurs prior to and often instead of jail or prison time, while parole is an early release from prison. In both probation and parole, the party is supervised and expected to follow certain rules and guidelines. These guidelines are called conditions of parole, or probation conditions, and in both circumstances, the party is expected to submit to warrantless searches, without probable cause.

Parole & Probation Overview :: Justia
https://www.justia.com/criminal/parole-and-probation/
Probation and parole are privileges which allow criminals to avoid prison or to be released from prison after serving only a portion of their sentences. The goals of probation and parole are to rehabilitate offenders and guide them back into society while minimizing the likelihood that they will commit a new offense.

Are the Differences Between Parole and Probation Significant? | Nolo ...
https://www.nolo.com/.../question-difference-between-probati...
Not only do probation and parole both start with the letter "p," but they both represent ways for people convicted of crimes to avoid doing time. What's more, they're both conditioned on good behavior—if the offender messes up, they're shown back to their cell.

But there is a major procedural difference between probation and parole. Probation is part and parcel of the offender's initial sentence, whereas parole comes much later, allowing the offender early release from a prison sentence.

Probation is handed down by the judge at trial. It may be in lieu of jail time or in combination with some jail time. The judge will specify restrictions on the offender's activities during the probationary period.

Parole is granted by a parole board, after the offender has served some—or perhaps a lot of—time. The parole board may consider factors such as the offender's behavior in prison and level of rehabilitation, and let him or her out early. The parole board can also specify restrictions on the person's activities while on parole.

sustitución de la privativa de libertad por régimen de presentación ...
https://www.proz.com/kudoz/.../3662009-sustitución_de_la_pri...
24 ene. 2010 - Régimen de presentación quiere decir que la persona no se encuentra en custodia, sino ... Inmates of the Nebraska Penal and Correctional .
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