Glossary entry

Russian term or phrase:

обвиняемому заочно избрана мера пресечения в виде заключения под стражу

English translation:

the accused was arrested in absentia via preventive detention

Added to glossary by Frank Szmulowicz, Ph. D.
Apr 1 21:50
1 mo ago
28 viewers *
Russian term

обвиняемому заочно избрана мера пресечения в виде заключения под стражу

Russian to English Other Law (general)
Hi, I'm thinking of
'the defendant is remanded in custody in absentia...'
however a little clarification is needed. To my understanding, the word 'remand' means that a defendant is returned to custody from the courtroom. In this case, however, he's never been there. Can he thus be remanded in custody? If not, what other legal term would fit here?
Thanks!
Change log

Apr 6, 2024 15:30: Frank Szmulowicz, Ph. D. Created KOG entry

Discussion

the warrant of indictee's committal (or arrest) has been issued
(... the ambiguous term ‘in absentia’ – a non-defined technical term whose meaning varies from Member State to Member State4 –) https://journals.sagepub.com/doi/pdf/10.1177/203228442210824...

слово "ордер" подразумевает заочность производства

Proposed translations

3 hrs
Selected

the accused was arrested in absentia via preventive detention

DETENTION. SOME PROBLEMS WITH THE APPLICATION OF THIS PREVENTIVE MEASURE

Abstract: the paper examines the issue of the problems of applying a preventive measure in the form of detention. The purpose of the work is to analyze the regulatory and scientific literature in the field of criminal procedure in order to deduce the main problems.

Keywords: detention, preventive measure, criminal process, accused, arrest in absentia.
https://cyberleninka.ru/article/n/zaklyuchenie-pod-strazhu-n...
Peer comment(s):

neutral Boris Shapiro : Cpt Obvious mode on: to my mind, 'arrest in absentia' sounds even more factually impossible than 'remand in custody in absentia'. Plus, this is yet another proof that Cyberleninka is full of s---.
3 hrs
It doesn't make much sense but such are the times.
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4 KudoZ points awarded for this answer. Comment: "Thanks!"
9 hrs

preventive measure, that was decided upon in the absence of the accused, was incarceration

.
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+2
9 hrs

см. ниже

At the hearing in the absence of the accused, the court ordered pre-trial detention (with respect to the accused)

мера пресечения в виде заключения под стражу - pre-trial detention. "Избирает" ее суд путем вынесения своего order. По поводу "заочности", да, нужен раширительный перевод
Peer comment(s):

agree Angela Greenfield
5 hrs
Анжела, спасибо!
agree Natasha Liberman
12 days
Большое спасибо, Наташа, за поддержку в борьбе против in absentia! : )
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1 day 17 hrs

preventive detention in-absentia applied against the defendant

The context is a bit long-winded, to me, in English it should sound like this:Preventive detention in-absentia was/has been applied/used against the defendant or the accused.
or
The defendant/accused were/have been placed in preventive detention in the absence of the defendant/accused.
In English it must be short and clear, I don't think we should use imprisonement, arrest or incarceration. Detention means the same thing. Preventive detention is an imprisonment that is putatively justified for non-punitive purposes, most often to prevent further criminal acts.


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Note added at 1 day 17 hrs (2024-04-03 15:41:02 GMT)
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Preventive detention is also used when the release of the accused is felt to be detrimental to the state’s ability to carry out its investigation. In some countries the practice has been attacked as a denial of certain fundamental rights of the accused.
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