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cubas de cromado
Oct 2, 2014 06:10
9 yrs ago
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Spanish term

CONSIDERANDO DE DERECHO

Spanish to English Law/Patents Law (general)
Document from Guatemala. Letter from JUZGADO DE PRIMERA INSTANCIA PENAL

Sentence:
CONSIDERANDO DE DERECHO Que el Articulo 257 del Codigo Procesal Penal establece. El Ministerio Publico podra solicitar la aprehension del sindicado al juez o tribunal cuando estime que concurren los requisitos de ley.

Thank you
Proposed translations (English)
5 conclusion of law
4 Whereas, in accordance with law
3 +1 considerando (whereas)
4 -1 having regard to
Change log

Oct 2, 2014 06:58: JohnMcDove changed "Language pair" from "English to Spanish" to "Spanish to English"

Discussion

Maria Kisic Oct 4, 2014:
Just checked Thomas West III, (1) DER PRO, the grounds (for a judgment) i.e. conclusions of law (in a judgment) *DEF) part of judgment that contains judge's legal analysis of the case. (2) (DER CIV) Whereas clauses, recitals, preamble (in a contract).
Hope this has been of help.
Maria Kisic Oct 4, 2014:
That is precisely the reason I was asking, Ricardo. IMHO I have seen and used considerandos to mean conclusions of law (see Henry's answer). In any case, I believe we are all familiar with whereas clauses (in contracts, etc.), but to me this does not seem to be so.
Ricardo Falconi Oct 4, 2014:
Usually in legal terminology the word "CONSIDERANDO" is translated as "Whereas" and it is usually followed by statements such as "the provisions/dispositions of Article/Clause", or followed by any statement describing the revision of certain laws, provisions, or bylaws in a deed of incorporation, I never heard the expresion "CONSIDERANDO DE DERECHO", but as for the construction of the sentence I would interprete it as "WHEREAS the Laws provided by Article 257 of the Criminal Procedural Code"
Maria Kisic Oct 4, 2014:
More context, please What kind of a letter is it? Addressed to whom? Is it a judgment - Judge's decision? Agree with Sandro. Is there a period before Que?
Sandro Tomasi Oct 2, 2014:
How does the phrase come in context? What you have is not clear: CONSIDERANDO DE DERECHO Que ... Is there a period before Que making the preceding phrase a title or should Que not be capitalized? El CPP establece ... what does it establece? The more context we have, the better answers you're going to get.
meirs Oct 2, 2014:
A matter of law as opposed to /"a matter of fact/" is one way top put it

Proposed translations

-1
28 mins

having regard to

“Considerando de derecho” es otra forma de referirse a “fundamentos de derecho”. Las sentencias se dividen básicamente en dos partes; “hechos” y “fundamentos de derecho”.

No entiendo la consulta; ¿es para traducir al inglés? De ser así, en ingles “fundamentos de derecho” se traduce por “merits”.

En este contexto, yo diría; "having regard to article..."

Saludos y suerte


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Note added at 5 horas (2014-10-02 11:37:49 GMT)
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@Sandro: by the way, "de derecho" in this case is not "in view of law". Considerando / fundamentos de derecho" is what we call in English "merits of the case" or "point of law", as opposed to "matter of fact" or just "facts". This is where you (judges) provide your reasoning.

--------------------------------------------------
Note added at 5 horas (2014-10-02 11:56:26 GMT)
--------------------------------------------------

@Sandro. It does not matter, Sandro. The context is the same; document is different. It does not really change the context. You see this kind of clauses in contracts, letters, judgments, all over the place. It should go like this: "Having regard to Article 257 of the Civil Procedural Rules.
Peer comment(s):
agree Juan Angel Garzon : muy de acuerdo
1 hr
Gracias, Juan.
neutral Sandro Tomasi : In regard to can be quite generic, whereas "de derecho" is specifically in view of the law. // Context not Council Reg., but court's letter. In view of law, point of law ... just ref. to CONSIDERANDO DE DER. w/out blurting out the ans. since lim. context.
4 hrs
First of all, I said: "having regards to", not "in regard to". Second of all, please, before giving your "neutral" opinion, read just any, say, Council Regulation. It starts with: "having regards to the Treaty of the Functioning...etc.
disagree Karen Dinicola : "having regard to," is not an English phrase. It should be "with regard to," if anything, but I'm more inclined to take it as "whereas." as Ricardo says.
8 hrs
disagree AllegroTrans : you have ignored "derecho"
9 hrs
Something went wrong...
10 hrs

conclusion of law

For me, "considerandos" are conclusions and that is how I translate it, it makes the most sense. The judge is coming to a conclusion that the Prosecution can do something based on a law. This term is widely used in Mexico and would probably be used the same in Guatemala. This is based on many years of experience and a large number of documents translated.
Something went wrong...
10 hrs

Whereas, in accordance with law

I have "lifted" other suggestions here. I don't think "derecho" should be ignored, This seems to be a preliminary recital as to what the law provides - presumably to be followed by a summary of the facts and lastly the Court's order.
Something went wrong...
+1
24 mins

considerando (whereas)

CONSIDERANDO DE DERECHO Que el Articulo 257 del Codigo Procesal Penal establece

WHEREAS Article 257 of the Criminal Procedural Code provides that

--------------------------------------------------
Note added at 2 días10 horas (2014-10-04 16:12:45 GMT)
--------------------------------------------------

Usually in legal terminology the word "CONSIDERANDO" is translated as "Whereas" and it is usually followed by statements such as "the provisions/dispositions of Article/Clause", or followed by any statement describing the revision of certain laws, provisions, or bylaws in a deed of incorporation, I never heard the expresion "CONSIDERANDO DE DERECHO", but as for the construction of the sentence I would interprete it as "WHEREAS the Laws provided by Article 257 of the Criminal Procedural Code"
Peer comment(s):
disagree Sandro Tomasi : Whereas sounds like a viable option, but would it be used in the context of a court's letter or decision? Perhaps whereas is in contracts, no? An ex. to back up your assertion would be geat. // No examples? By your own admission, U never heard Cons d Der.
4 hrs
Usually in legal terminology the word "CONSIDERANDO" is translated as "Whereas" and it is usually followed by statements such as "the provisions/dispositions of Article/Clause", or followed by any statement describing the revision of certain laws
agree Meridy Lippoldt
18 hrs
Gracias Meridy
agree Sonja Scherling
1 day 11 hrs
Something went wrong...
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