Glossary entry

Spanish term or phrase:

Indicios racionales de criminalidad

English translation:

probable cause

    The asker opted for community grading. The question was closed on 2013-09-24 14:54:08 based on peer agreement (or, if there were too few peer comments, asker preference.)
Sep 20, 2013 20:25
10 yrs ago
11 viewers *
Spanish term

Indicios racionales de criminalidad

Spanish to English Law/Patents Law (general)
1. De lo actuado resultan indicios racionales de criminalidad contra A, B y C.

2. Tales indicios racionales de criminalidad resultan principalmente del contenido de las intervenciones telefonicas.

Mi pregunta es, existe un termino fijo en ingles? Gracias.

Proposed translations

+2
3 hrs
Selected

probable cause

probable cause:The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a search warrant allowing the police to conduct a search or arrest a suspect. Reliable information must show that it's more likely than not that a crime has occurred and the suspect is involved.

--------------------------------------------------
Note added at 17 hrs (2013-09-21 14:16:02 GMT)
--------------------------------------------------

I would like to add that for UK the term is reasonable grounds. This term may also be applied for US, but it is more general than probable cause (e.g., one can have reasonable grounds to arrest or to file an appeal, but probable cause would not apply to an appeal).

UK: Police and Criminal Evidence Act 1984
24 Arrest without warrant: constables(1)A constable may arrest without a warrant—
(a)anyone who is about to commit an offence;
(b)anyone who is in the act of committing an offence;
(c)anyone whom he has reasonable grounds for suspecting to be about to commit an offence;
(d)anyone whom he has reasonable grounds for suspecting to be committing an offence.
(2)If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.
(3)If an offence has been committed, a constable may arrest without a warrant—
(a)anyone who is guilty of the offence;
(b)anyone whom he has reasonable grounds for suspecting to be guilty of it.
(4)But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.
(5)The reasons are—
(a)to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);
(b)correspondingly as regards the person's address;
(c)to prevent the person in question—
(i)causing physical injury to himself or any other person;
(ii)suffering physical injury;
(iii)causing loss of or damage to property;
(iv)committing an offence against public decency (subject to subsection (6)); or
(v)causing an unlawful obstruction of the highway;
(d)to protect a child or other vulnerable person from the person in question;
(e)to allow the prompt and effective investigation of the offence or of the conduct of the person in question;
(f)to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.
(6)Subsection (5)(c)(iv) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.

US: Federal Rules of Criminal Procedure (2009)
Rule 4. Arrest Warrant or Summons on a Complaint
(a) Issuance. If the complaint or one or more affidavits filed with the complaint establish probable cause to believe that an offense has been committed and that the defendant committed it, the judge must issue an arrest warrant to an officer authorized to execute it. At the request of an attorney for the government, the judge must issue a summons, instead of a warrant, to a person authorized to serve it. A judge may issue more than one warrant or summons on the same complaint. If a defendant fails to appear in response to a summons, a judge may, and upon request of an attorney for the government must, issue a warrant.
Peer comment(s):

agree Rebecca Jowers : This is indeed the Spanish counterpart of the US "probable cause" and is often used as such by Spanish lawyers and crimpro professors.
8 hrs
Thank you for weighing in with some empirical data, Rebecca.
agree Billh : good for US but not UK English.
1 day 14 hrs
I had added “reasonable grounds” for UK English. Is that not good?
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks for the help."
+1
18 mins

prima facie evidence of criminality/wrongdoing

Scottish Couple to Challenge US Extradition in Supreme Court ...
... of people to the US without any trial taking place in the UK, removing the need for US authorities to provide prima facie evidence of criminality. ...
internationalextraditionblog.com/2011/08/12/scottish... - Cached
Britain's unfair treaty
... it removed the obligation on US law enforcement to present UK courts with prima facie evidence of criminality. Blunkett said at the time: ...
www.newstatesman.com/society/2008/08/extradition-treaty... - Cached
National Black Police Association | Independent Police ...
We are maintaining contact with the audit team and should they identify any prima facie evidence of criminality or misconduct we will then consider our ...
www.ipcc.gov.uk/news/national-black-police-association - Cached
Spirited Away | Microkhan by Brendan I. Koerner
... of people to the US without any trial taking place in the UK, removing the need for US authorities to provide prima facie evidence of criminality ...
www.microkhan.com/2011/07/29/spirited-away - Cached

--------------------------------------------------
Note added at 57 mins (2013-09-20 21:22:34 GMT)
--------------------------------------------------


What does a prima facie case mean?


Prima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face" or "at first appearance", from the feminine form of primus ("first") and facies ("face"). Osborne’s Concise Law Dictionary defines prima facie case as follows:

“ A case in which there is some evidence in support of the charge or allegation made in it, and which will stand unless it is displaced. In a case which is being heard in court, the party starting, that it upon whom the burden of proof rests, must make out a prima facie case, or else the other party will be able to submit that there is no case to answer, and the case will have to be dismissed.”

Based on the definition, prosecution (represent the state) holds the legal burden of proving the facts in issue beyond reasonable doubt as opposed to the accused to raise the doubt. In order to prove the requisite burden of proof in a case, a prosecutor will seek out prima facie evidence that supports conviction and upholds that each required element of a crime did occur. The elements requiring prima facie evidence to support a given criminal case will widely vary based on the nature and type of criminal charge.
- See more at: http://evidencejournalist.weebly.com/1/post/2012/12/what-doe...
Peer comment(s):

agree Billh : good for UK but not US.
1 day 18 hrs
only the asker knows where the text is going to be read, but I would recommend this solution for internationallly comprehensible English, it is after all a common law concept asfaik
Something went wrong...
10 hrs

reasonable circumstantial evidence of criminal offending

Well done everyone for checking the KudoZ glossaries first!
Example sentence:

Sentencing (Protection of Children from Criminal Offending). Amendment Bill. Member's Bill

Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search