Oct 5, 2011 11:11
12 yrs ago
3 viewers *
French term
United Kingdom
BA(Hons), Dip Trans IOL, MCIL London
Native in: English
Works in: French to English, English
tribunal pénal
French to English
Law/Patents
Law (general)
Swiss law
Can anyone explain to me the difference between 'tribunal pénal' and 'cour correctionnelle' (the latter I have translated as criminal court) in Swiss law? I am currently researching this, but have not come up with anything conclusive yet, so any help would be appreciated. My document contains references to both so clearly there is a difference!
Proposed translations
(English)
| 5 +2 | criminal court / police court (magistrates' court, England and Wales)) |
Nikki Scott-Despaigne
|
| 4 +1 | criminal court vs. criminal chamber |
Ellen Kraus
|
| 4 | criminal tribunal or criminal court |
Kevin SC
|
Proposed translations
+2
1 hr
Nikki Scott-Despaigne
Native in English
Works in field
Psychologist, Court-certified legal
Native in: English 
Works in: French to English
Related KudoZ points
:
451
French term (edited):
tribunal pénal / cour correctionnelle
Selected
criminal court / police court (magistrates' court, England and Wales))
It is actually quite simple. In layman's terms, a "tribunal pénal" deals with major offences, ones which attract large fines and long terms of imprisonent. Anything which is "correctionnel" deals with minor offences, ones attracting smaller fines or much shorter terms of imprisonment.
I have deliberately used the term "police court" as that is often a helpful way of getting the distinction straight. I am on dodgy ground when I start using words like "magistrate" for two reasons :
- the well-known but oft forgotten false friend (a "magistrat" in French being a judge)
- Magistrates' Courts in England and Wales do not deal just with criminal matters but also some civil matters.
That should set you on the right track.
I shall try and find a couple of references to reassure you!
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Note added at 1 hr (2011-10-05 12:44:23 GMT)
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http://fr.wikipedia.org/wiki/Tribunal_correctionnel
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Note added at 1 hr (2011-10-05 12:47:31 GMT)
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Is this referring to the Swiss federal system?
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Note added at 8 hrs (2011-10-05 19:15:53 GMT)
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As a rule, translating court titles and so on is a very dodgy thing to do. My suggestion of "police court" was in order to convey the sense of "correctionnel". I hope that is clearer now and to have helped a little to that extent.
However, I agree with AllegroTrans that you ought to retain the French in view of what my very scanty understanding of the Swiss system throws up, which is a system which functions on many levels and that the relationship between them is complex to an outsider!
It would appear that there are three "levels" in the Swiss system, federal, cantonal and local (1). The system is quite unlike the English system and as a "police court" was (is?) about to be introduced (2) source dated from November 2010), then my suggestion, deliberately avoiding the use of the word "magistrate" was no better in offering the word "police", except perhaps for the distinction between major/minor!
That is not your problem ! All you can and should do is retain the French in iverted commas or italics.
(1) http://www.bger.ch/fr/gerichtsorg-schweiz.pdf
(2) http://www.20min.ch/ro/news/geneve/story/31368868
I have deliberately used the term "police court" as that is often a helpful way of getting the distinction straight. I am on dodgy ground when I start using words like "magistrate" for two reasons :
- the well-known but oft forgotten false friend (a "magistrat" in French being a judge)
- Magistrates' Courts in England and Wales do not deal just with criminal matters but also some civil matters.
That should set you on the right track.
I shall try and find a couple of references to reassure you!
--------------------------------------------------
Note added at 1 hr (2011-10-05 12:44:23 GMT)
--------------------------------------------------
http://fr.wikipedia.org/wiki/Tribunal_correctionnel
--------------------------------------------------
Note added at 1 hr (2011-10-05 12:47:31 GMT)
--------------------------------------------------
Is this referring to the Swiss federal system?
--------------------------------------------------
Note added at 8 hrs (2011-10-05 19:15:53 GMT)
--------------------------------------------------
As a rule, translating court titles and so on is a very dodgy thing to do. My suggestion of "police court" was in order to convey the sense of "correctionnel". I hope that is clearer now and to have helped a little to that extent.
However, I agree with AllegroTrans that you ought to retain the French in view of what my very scanty understanding of the Swiss system throws up, which is a system which functions on many levels and that the relationship between them is complex to an outsider!
It would appear that there are three "levels" in the Swiss system, federal, cantonal and local (1). The system is quite unlike the English system and as a "police court" was (is?) about to be introduced (2) source dated from November 2010), then my suggestion, deliberately avoiding the use of the word "magistrate" was no better in offering the word "police", except perhaps for the distinction between major/minor!
That is not your problem ! All you can and should do is retain the French in iverted commas or italics.
(1) http://www.bger.ch/fr/gerichtsorg-schweiz.pdf
(2) http://www.20min.ch/ro/news/geneve/story/31368868
Note from asker:
| Yes, it is indeed the Swiss federal system... thanks, so far very helpful! |
Peer comment(s):
| agree |
AllegroTrans
: excellent explanations and recommendations
6 hrs
|
|
There is research and research - a presentation of the Swiss federal legal system is irrelevant and even complete knowledge would not alter the basic problem. ;-)
|
|
| agree |
Gina W
: ditto on AllegroTrans's comment
8 days
|
4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
+1
35 mins
Ellen Kraus
Austria
Austria
Specializes in field
Austria
more than thirty years of experience
Native in: German 
Works in: Greek to German, English to German, Greek to English, and 5 more.
Related KudoZ points
:
126
criminal court vs. criminal chamber
tribunal correctionnelle corresponds to the English "criminal chamber" or "Strafkammer" in German.
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Note added at 42 Min. (2011-10-05 11:53:35 GMT)
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there are so called große und kleine Strafkammern. The difference between them consists in a deviating composition as far as the number of judges is concerned, and may be with or without jurors.
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Note added at 50 Min. (2011-10-05 12:02:18 GMT)
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the judges (2-3) and 2 jurors (= große Strafkammer) and l judge and two jurors (in the kleine Strafkammer) decide on appeals against the judgment of the first instance criminal judge.
--------------------------------------------------
Note added at 42 Min. (2011-10-05 11:53:35 GMT)
--------------------------------------------------
there are so called große und kleine Strafkammern. The difference between them consists in a deviating composition as far as the number of judges is concerned, and may be with or without jurors.
--------------------------------------------------
Note added at 50 Min. (2011-10-05 12:02:18 GMT)
--------------------------------------------------
the judges (2-3) and 2 jurors (= große Strafkammer) and l judge and two jurors (in the kleine Strafkammer) decide on appeals against the judgment of the first instance criminal judge.
Peer comment(s):
| neutral |
AllegroTrans
: as we don't have a court actually called "criminal chamber" in UK or Ireland (albeit there is such a chamber of the English Court of Appeal), this doesn't help alot, and I fail to see how the German system is relevant since the asker needs FR to EN
28 mins
|
|
as there is no indication as to the fact that the said chamber is in the UK, I really fail to understand what you´re driving at, allthemore as there is such a chamber also in the English court of appeal;this chamber, by the way,is ONLY in appellate courts
|
|
| agree |
John Moore
: I agree with AllegroTrans's comments, except the relevance to German law, since this text is in Swiss French and, I assume, refers to the Swiss legal system
54 mins
|
1 hr
criminal tribunal or criminal court
depends on what court it is. For Rwanda it's the Criminal Tribunal and for the CPI it's the Criminal Court. Hope this helps
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Note added at 1 hr (2011-10-05 12:25:48 GMT)
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this answer only applies to your question header tribunal pénal
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Note added at 1 hr (2011-10-05 12:25:48 GMT)
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this answer only applies to your question header tribunal pénal
Peer comment(s):
| neutral |
Nikki Scott-Despaigne
: The accent required here I believe is the distinction between "criminel" and "correctionnel" rather than "tribunal" and "cour".// Your extra comments make your suggestion clearer, as the question about the difference was asked in the body of the post.
23 mins
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her question header was tribunal pénal and I was answering that and not the difference between the two "kinds"
|
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