Glossary entry (derived from question below)
Spanish term or phrase:
en Determinación del no ejercicio del la acción
English translation:
dismissal of charges
- The asker opted for community grading. The question was closed on 2021-06-27 21:54:17 based on peer agreement (or, if there were too few peer comments, asker preference.)
Spanish term
en Determinación del no ejercicio del la acción
Fuente:
Análisis de carpetas de investigación de delitos iniciadas y concluídas (México)
My attempt:
The majority of investigative files closed during 2020 were classified as pending a final decisión, as no action was taken...
4 +2 | dismissal of charges | Robert Carter |
4 | as Decline to Prosecute | Sandro Tomasi |
3 | in the Decision to enter a nolle prosequi | Adrian MM. |
Ref. | Taña Dalglish |
Proposed translations
dismissal of charges
I'm not sure that "no indictment" or "no bill" is such a good translation though, given that we don't have a grand jury system in Mexico, therefore, "dismissal of charges" (synonymous with "nolle prosequi") seems to be a better fit with the description he gives above, in my opinion.
"In some states, the prosecution must move to dismiss charges (often "in the interests of justice"), and the case doesn't end until the court grants the motion. In others, the prosecution can unilaterally dismiss charges.
Reasons to Dismiss
A prosecutor might nol pross or dismiss charges for a variety of reasons, including:
reevaluation of evidence
emergence of new evidence
failure of witnesses to cooperate, or
desire to give the defendant a second chance."
https://www.nolo.com/legal-encyclopedia/whats-the-difference...
agree |
philgoddard
: Yes, though this doesn't quite fit the context. You could say 'the charges were dismissed'.
1 hr
|
Thanks, Phil, yes it needs to be rearranged slightly here.
|
|
neutral |
Sandro Tomasi
: In Mex, investigación is 1) ministerial, and 2) judicial (once ct. and def. are given official notice of prosecution thru ”audiencia de formulación de la imputación.” For this context, step 2 not reached, no charges to be dismissed).
3 hrs
|
Thanks, Sandro, but I don't really get your point. Whether it's the MP or the court, the end result is a dismissal of charges. How is "decline to prosecute" in any way different to that?
|
|
agree |
Catalina von Wichmann
14 hrs
|
Thank you, Catalina.
|
as Decline to Prosecute
most of the investigative files that were closed during 2020 were classified as Decline to Prosecute.
neutral |
Robert Carter
: I can't parse what's different to my suggestion here. Some US states call it DTP, some "nolle prosequi" and others "dismissal of charges" (I believe NY and GA use the latter, not requiring a court to grant dismissal).
4 hrs
|
In NYC, at least, DP is used. There are no charges to be dismissed because none were filed w/ the ct., which is also the case in Mex.
|
in the Decision to enter a nolle prosequi
In the USA doubles as a verb, namely to 'nolle prosequi' a case.
"La determinación de no ejercicio de la acción penal, para los casos del artículo 327 ..., inhibe una nueva persecución penal por los mismos hechos respecto del indiciado, *salvo que* sea por diversos hechos o en contra de diferente persona."
Artículo 137. - El Ministerio Público no ejercitará la acción penal: Cuando la conducta o los hechos de que conozca no sean constitutivos de delito, conforme a la descripción típica contenida en la Ley Penal
neutral |
Sandro Tomasi
: Instead of lifting you should've agreed with Robert. // So if you say nolle “are made generally after an indictment,” then it does not apply to the Mexican term because it applies before the prosecution files a complaint with magistrate’s court.
16 hrs
|
Dismissal of charges comes at a later UK stage, besides which there seems to be a muddle over timing: Wiki> In crim. cases, noll. pros. decs. are made generally after an indictment.. or, *in some jurisdictions cf. Can, as long as a trial has not commenced
|
Reference comments
Ref.
"... the largest number of investigative files concluded during 2020 were classified as no prosecution", or similar words.
Major Crimes Division Investigative Files - Department of Justice https://www.justice.gov/opcl/docs/54fr42094.pdf
Investigative Files may be broadly classified in four categories: (1) Those individuals who have ... whom investigations were conducted, but no prosecution was.
STEM:
The individuals on whom records are
maintained in the Major Crimes Division
Investigative Files may be broadly
classified in four categories: (1) Those
individuals who have been charged with
Federal and D.C Code violations; (2)
those individuals who are currently
under investigation for violations of
Federal and D.C. Code; (3) ****those
individuals upon whom investigations
were conducted, but no prosecution was
initiated;**** and (4) other informants.
Discussion
That is true with a DP: no charges filed in court, no need for judicial action. At the same time, I’ve never heard of a prosecutor say inside a courtroom about dropping charges that were already docketed with the court that she will decline to prosecute. DP, each time I’ve heard it, is always in ref. to an arrest that was not charged. But for a dismissal or nolle the court must allow it (at least in NY) as they pertain to judicial oversight once a case is docketed.
«Per the Georgia link again:
"Loosely defined, it means to decline to prosecute. So, nolle prosequi refers to a prosecutorial decision to no longer prosecute or to decline the prosecution of a pending criminal case"»
Emphasis on “loosely defined.” And nolle = “to no longer” prosecute or DP of a “pending criminal case.”
"Factors That May Result in Dismissing a Case
There are a number of factors that may result in a prosecutor or judge agreeing to dismiss your case. Some common reasons for dismissal include:
Insufficient evidence – in some cases your attorney may be able to convince the prosecutor that there isn’t enough evidence to build a solid case, leading to the prosecutor dropping charges before filing."
https://www.jacksonwhitelaw.com/criminal-defense-law/case-di...
Are you saying the above is simply not true, or that I am failing to grasp some essential element here? I realize the latter is probably the case as a non-lawyer :)
Per the Georgia link again:
"Loosely defined, it means to decline to prosecute. So, nolle prosequi refers to a prosecutorial decision to no longer prosecute or to decline the prosecution of a pending criminal case"
I read your Georgia link and everything in there comports with what I'm saying, i.e., dismissal (nolle prosequi) occurs after charges are charged in court.
"First, nolle prosequi is a Latin term that is almost exclusively used in the criminal justice system. Loosely defined, it means to decline to prosecute. So, nolle prosequi refers to a prosecutorial decision to no longer prosecute or to decline the prosecution of a pending criminal case.
...
Opting to use plain, modern language, some states like New York no longer use the nolle prose phrase in 2020. Prosecutors in the Empire State simply write "dismissed," or "dismissal" on the charging document (an indictment or accusation)."
https://www.georgiacriminaldefense.com/in-the-legal-term-nol...
There are no charges to be dismissed. Prosecutor looks at police report or hears directly from victim and decides, based on the facts at hand, whether or not to charge someone in court (through the audiencia de formulación de la imputación). If no charges are brought, there are none to be dismissed because there was no docket, no court case, no criminal action. O sea, se determinó el no ejercicio de la acción.
"La Carpeta de Investigación constituye el conjunto de registros que contienen las actividades de investigación realizadas por el agente del Ministerio Público, auxiliado de la policía y de los peritos, así como del asesor jurídico y el defensor."
http://ceeod.mx/curso/carpeta-de-investigacion-presencial/
Becerra calls it a "pre-trial investigation record" and says "in rules of procedure applicable to the adversarial system of criminal justice, dossier prepared by the public prosecutor during the investigation stage of an alleged incident of criminal conduct, with respect to the evidence gathered during that stage," the evidence in which will then be used to support the famous (on this forum anyway) "auto de vinculación a proceso."
But a carpeta de investigación is from the prosecutor´s office, not the court. Is that right? Or does it belong to the court? Or is it the prosecutor´s office file that was filed with the court and now the court is making a record of it?