Jan 15, 2013 16:35
11 yrs ago
12 viewers *
Italian term

Cumulo materiale

Italian to English Bus/Financial Law: Taxation & Customs
In particular, I'm looking for a definition to distinguish it from cumulo giuridico.

Cumulo giuridico appears to mean that the highest penalty is applied whereas cumulo materiale means that all applicable penalties are applied; is this correct? What is the English version of this?

These terms appear in a tax investigation report:

Firstly, a table is produced showing the cumulo materiale, totalling €103,861.00. Then there is a list outlining the cumulo giuridico, giving a higher sum.

"Dal confronto eseguito ai sensi dell'articolo 12, comma 7, del D. Lgs no. 472 del 1997, l'importo risultante dal ****cumulo giuridico (Euro 137.550,00) e' superiore a quello risultante dal ****cumulo materiale**** (Euro 103.861,00).

Pertanto, l'Ufficio irroga la sanzione amministrativa pecuniaria pari a Euro 103.861,00"

Any thoughts much appreciated.

Discussion

Thomas Roberts Jan 15, 2013:
also, if you read the asker's comments on Patricia Crotty's question, it's clear he/she doesn't really understand what is going on....
Sylvia Gilbertson Jan 15, 2013:
Here's a good discussion of the difference between these two terms.
http://www.proz.com/kudoz/italian_to_english/law_general/417...
The asker picked the wrong answer, IMO. I agree with the well-reasoned response from Patricia Crotty.

Proposed translations

4 mins
Selected

total of the fines for the individual offences

cumulo giuridico on the other hand is a special rule applicable to cases involving multiple offences whereby the court takes the most serious offence and increased the penalty by a multiple, which has the effect of imposing a reasonable maximum penalty. So you don't get cases like in the USA where the court can sentence you to hundreds of years for multiple offences.

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Note added at 23 mins (2013-01-15 16:59:48 GMT)
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not that I know of
Note from asker:
As I suspected, thank you. Presumably, there isn't a neat term for that in English?
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks for your help. "
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