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gérmenes MOR

Glossary entry

Spanish term or phrase:

legajo de arrepentido

English translation:

cooperating-witness file

Added to glossary by Robert Carter
May 6, 2019 19:52
5 yrs ago
7 viewers *
Spanish term

Legajo de arrepentido

Spanish to English Law/Patents Law (general) Criminal Law
Spanish variant is Argentina. It's not the cooperation agreement itself, but the larger file that contains such a document. The cooperation agreement is referred to within the larger document as "acuerdo de cooperación" and not the legajo de arrepentido. I'm looking for a US English equivalent. The person interviewed by the prosecutor is cooperating, and is someone who is also a defendant in a criminal matter.
Proposed translations (English)
3 +1 cooperating-witness file
3 +1 state witness file
3 -1 plea and cooperation agreement
References
Refs.
Change log

May 8, 2019 04:39: Robert Carter Created KOG entry

Discussion

Charles Davis May 8, 2019:
@Neil If you're interested and have time on your hands:
https://www.proz.com/kudoz/spanish-to-english/medical-health...
neilmac May 7, 2019:
@Charles I haven't seen the debate, but off the top of my head, "Argentine" sound rather old-fashioned and a bit poetic. I'd normally tend to use "Argentinian".
Robert Carter May 7, 2019:
@Charles Ok, thanks, Charles, I'll just point people to your references (it's been a long day).
Charles Davis May 7, 2019:
@Robert Thanks, but you do it. Your legal intuition was sound. My contribution was just backup, and not at all arduous.
Robert Carter May 7, 2019:
@Charles Nice work with finding those definitions, it looks fairly convincing. My suggestion was simply a guess after having listened to months of news on Trump's former flipping. You did all the heavy lifting here, why don't you post it as an answer?

LOL, by the way :-)
Manuel Aburto May 7, 2019:
Considering the context and the information provided by Charles and Robert, I must say that I agree with Robert's guess, "cooperating witness".
Linda Burns (asker) May 6, 2019:
Oh dear, that old Argentine windmill!
Linda Burns (asker) May 6, 2019:
The document makes it clear that decisions on pleas and sentencing take place at a later date. Also, calling it a plea is going to have a specific meaning for a US lawyer who will be reading the English translation.
Charles Davis May 6, 2019:
(I should explain, Linda, that we've just been having a lengthy argument in another question about whether you should say "the Argentine population" or "the Argentinian population".)
Charles Davis May 6, 2019:
Ideally you need an Argentine — or Argentinian (right, Robert?) — lawyer to answer that precise question, but given that, for example, they refer to the Ley del Arrepentido in Argentina, it seems that "Arrepentido" is the label they apply to everything to do with this sort of witness.
Linda Burns (asker) May 6, 2019:
Yes, cooperating witness is absolutely correct. That's not in question, as the file contains the cooperation agreement. I just couldn't understand why they were referring to the file as a Legajo de Arrepentido. In the end I am going with Cooperating Witness Agreement File. I'm not using plea, as that comes later, once the information provided is found accurate and useful to the prosecution.
Charles Davis May 6, 2019:
And the same appears to be true of an arrepentido in Argentina: he or she doesn't necessary have to testify on the stand in a criminal trial; what defines an arrepentido is providing useful information on cases other than his or her own.
Charles Davis May 6, 2019:
A co-operating witness may or may not become a state's witness:

"A CW may be called to testify as a state’s witness in a criminal proceeding if, in the informed professional judgement of the case DDA, the witness can provide competent and truthful testimony based upon personal knowledge of the matter to which the CW intends to testify."
http://mcda.us/wp-content/uploads/2018/05/Cooperating-Witnes...
Charles Davis May 6, 2019:
In other words Robert's "co-operating witness" is spot on (for the US):

"A Cooperating Witness (CW) is a witness who enters into an agreement with the District Attorney’s office to provide truthful information and evidence that may be used in a criminal investigation and receives a benefit for their cooperation."
http://mcda.us/wp-content/uploads/2018/05/Cooperating-Witnes...
Charles Davis May 6, 2019:
Ley del arrepentido in Argentina " El arrepentido es una persona que participó en un delito pero durante el proceso penal decide dar información que ayuda a:
- Evitar que se produzca un delito.
- Resolver un delito que la justicia está investigando.
- Saber quiénes fueron los autores de un delito.
- Ubicar dónde están los autores de un delito.
- Avanzar en la investigación.
- Ubicar a las víctimas de un delito de privación de libertad.
- Averiguar dónde están las ganancias o instrumentos de un delito.
- Conocer cómo se financian las organizaciones criminales.
¿Qué beneficios tiene el arrepentido por dar esa información?
Se reduce la pena que le corresponde por el delito que cometió."
http://www.derechofacil.gob.ar/leysimple/ley-del-arrepentido...

"La figura del “arrepentido” o colaborador eficaz en nuestra legislación"
http://www.pensamientopenal.com.ar/etiquetas/arrepentido
Linda Burns (asker) May 6, 2019:
The person is most definitely a cooperating witness, I'm just not sure how to refer to the entire file. Arrepentido would normally refer to someone confessing, but that's not what this is, it's just the file containing the cooperation agreement. Confessing and cooperating are not quite the same thing. However, I think "Cooperating Witness File" is most likely what I'll go with.
Robert Carter May 6, 2019:
I'm unfamiliar with Argentine criminal law, so this is just a guess, but it sounds to me like you're describing a cooperating witness who's turning state's evidence, so might "cooperating witness" be what is meant by "arrepentido"?

Proposed translations

+1
10 hrs
Selected

cooperating-witness file

Per the discussion, with particular thanks to Charles.
Please see his references there.
This is a US term, I don't know about other variants.

http://www.derechofacil.gob.ar/leysimple/ley-del-arrepentido...
http://mcda.us/wp-content/uploads/2018/05/Cooperating-Witnes...
Note from asker:
Thanks, Robert!
Peer comment(s):
neutral Adrian MM. : are you sure there is a separate file or bundle in the US for such a witness? The asker: 'The person is most definitely a co-operating witness, I'm just not sure how to refer to the entire file. '
4 hrs
Thanks, Adrian. When I say this is a US term, I'm referring to the "cooperating witness" part. I just presume we have to translate the "legajo" part generically since there may or may not be any direct counterpart in US law.
agree Charles Davis : Adrian's comment expresses a misconception of our task as translators, in my view. // That's right; education is another prime example of where looking for institutional equivalents can lead you astray.
20 hrs
Thanks, Charles, yes, in this area of translation particularly, but in some others too.
Something went wrong...
4 KudoZ points awarded for this answer.
+1
20 mins

state witness file

This is what I would use, based on the context you provided and the reference links below.
Reference:

https://batasnatin.com/law-library/remedial-law/criminal-procedure/644-what-is-a-state-witness.html

https://www.the-star.co.ke/news/2018-10-19-expert-comment-state-witness-testimony-cant-be-used-against-him/

Peer comment(s):
agree Adrian MM. : BrE > possibly, a Crown evidence (witness) bundle for an offender who has pleaded guilty ('entered a guilty plea').
27 mins
Thank you, Adrian. Yes, that is the UK equivalent term.
Something went wrong...
-1
1 hr

plea and cooperation agreement

Peer comment(s):
disagree AllegroTrans : the asker has said it isn't an agreement but a file
3 hrs
Something went wrong...

Reference comments

1 hr
Reference:

Refs.

arrepentidos >
están arrepentidos - English translation – Linguee
https://www.linguee.com/spanish-english/translation/están ar...
***arrepentido adj —. repentant adj .... justice collaborators, state witnesses, *** "supergrasses" and pentiti (Italian for "those who have repented"). unodc.org. unodc.

estamos arrepentidos por - English translation – Linguee
https://www.linguee.com/spanish-english/translation/estamos ...
***arrepentido *** adj — ..... These individuals are known by a variety of names, including ***cooperating witnesses, crown witnesses, witness collaborators,*** justice ...


http://www.unodc.org/documents/organized-crime/V0852046 WP G... (NACIONES UNIDAS CONTRA LA DROGA Y
EL DELITO)
Cada vez más países han adoptado legislación o políticas para facilitar la cooperación de esas personas en la investigación de casos que guarden relación con la delincuencia organizada.
***Esas personas son conocidas por nombres muy diversos; entre ellos, “testigos cooperadores”, “testigos de la Corona”, “colaboradores testigos” “colaboradores de la justicia”, “testigos del Estado”, “supersoplones” y “arrepentidos”.*** En su motivación para cooperar no interviene un elemento moral.
Peer comments on this reference comment:
agree Adrian MM. : Coincidentally, I have in my own glossary for the term: informer and - as used by British youths - 'snitch'. At my old school in Southern England, they had been called 'sneaks' and faced a very 'uncertain' fate.
1 hr
Thanks.
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