Sep 24, 2023 03:30
8 mos ago
26 viewers *
Spanish term

El grado de ejecución del hecho es de consumación instantanea

Spanish to English Law/Patents Law (general)
This is from a letter from the a district attorney in Mexico. It has to do with a manslaughter case.

Discussion

Lucinda Aragon (asker) Sep 29, 2023:
La clasificacion juridica del hecho que se le atribuye corresponde al tipo penal del delito de homicidio, previsto y sancionado en el articulo 128 del codigo penal vigente, el grado del hecho es de consumación instantanea, de naturaleza culposa; forma de participación en autoría directa conforme a lo establecido...
AllegroTrans Sep 26, 2023:
Asker Please could you respond by posting at least one sentence both before and after. Thank you
AllegroTrans Sep 24, 2023:
Lisa Sorry, but what you have posted is just nonsense
Lisa Rosengard Sep 24, 2023:
The criminal offense is too atrocious for words. A criminal offence is a number of imaginable possibilities, while an offense is a form of instigation or attack, possibly of a more serious nature such as a capital law-breaking offense.
philgoddard Sep 24, 2023:
Could we have the surrounding text please.

Proposed translations

+1
54 mins
Selected

The commission of the crime is instant in nature

i.e, lacking premeditation and malice aforethought, which is the definition of murder if adjudged present; this is basically about Actus Reus.

http://www.enciclopedia-juridica.com/d/delito-instantáneo/de...
law.cornell.edu/wex/actus_reus#:~:text=Actus%20reus%20refers%20to%20the,causing%20a%20criminally%20proscribed%20result.
Note from asker:
I'm sorry it took me so long to respond. I ended up coming down with covid
Peer comment(s):

agree Sandro Tomasi : instantaneous crime. A crime that is fully completed by a single act, as arson or murder, rather than a series of acts.
9 hrs
Exactly, thanks!
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4 KudoZ points awarded for this answer. Comment: "This makes perfect sense. Thank you. "
4 hrs
Spanish term (edited): El grado de ejecución del hecho es de consumación instantánea

The level of planning of the offenc/se is (marked by) one of immediate completion

consumar un delito: consummate a crime, West (aka to complete a criminal offenc/se that then becomes 'choate').

Example sentence:

US Sentencing Commission: The term “instant” is used in connection with “offense” to distinguish crime for which the defendant is being currently sentenced from a prior or subsequent crime that the defendant committed.

Immediate action; The defendant must have had no realistic alternative to completing the criminal act.

Peer comment(s):

neutral Andrew Bramhall : The first part ( level of planning of the offence) is fine, but not the remainder,which sounds stilted and contrived to me.
1 hr
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Reference comments

6 days
Reference:

This should help

Instantaneous Crime Law and Legal Definition

An instantaneous crime is a crime which is fully consummated or completed in and by a single act. Arson, murder and the like are examples for instantaneous crimes. It is different from crimes which involve a series or repetition of acts.

https://definitions.uslegal.com/i/instantaneous-crime/


INSTANTANEOUS Definition & Legal Meaning
Definition & Citations:

An “instantaneous” crime is one which is fully consummated or completed in and by a single act (such as arson or murder) as distinguished from one which Involves a series or repetition of acts. See U. S. v. Owen (D. C.) 32 Fed. 537.
Black's Law Dictionary
https://thelawdictionary.org/instantaneous/


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Note added at 6 days (2023-09-30 22:40:41 GMT) Post-grading
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01/18. Original: English No. ICC-RoC46(3)
| International Criminal Court
https://www.icc-cpi.int › files › CourtRecords
30 May 2018 — An instantaneous crime may take time to prepare and have lasting effects, but it is committed in an instance and its physical elements do ...
44 pages
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