Nov 19, 2020 14:21
3 yrs ago
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Spanish term

Agrupaciones Ilicitas

Spanish to English Law/Patents Law (general) Criminal; El Salvador
Hello, I am reviewing some translations that were worked on by multiple people, but it seems none of them came to a consensus as to how to translate the different crimes as some or all have a different variation of the translation. I posted another question related to it for DELITO ASOCIATIVO.

This is from El Salvador and I have been using their Penal Code as a reference to understand what these mean so that they can be standardized and translated in the best way possible into English. It's about the Penal Code regarding gangs (MS13, 18th Street), more specifically Ley de Proscripción de Maras, Pandillas, Agrupaciones, Asociaciones y Organizaciones de Naturaleza Criminal

I'm seeing different variations such as ILLICIT GROUPINGS, ILLICIT GROUPS, ILLEGAL GROUPS, ILLEGAL GROUPINGS

My understanding of this is that it's the crime of TAKING PART IN ILLEGAL GROUPS; in other words, being a gang member.


Any input would be greatly appreciated.

Discussion

Sandro Tomasi Nov 20, 2020:
“el delito de AGRUPACIONES ILÍCITAS” The key here is that the above term constitutes a crime. Out of the 7 answers, only two constitute crimes: criminal conspiracy; criminal enterprise. A key element of criminal conspiracy is an agreement by two or more persons to commit an unlawful act, which is not part of the asociaciones ilícitas statute from El Salvador.

The rest of the answers are translations that are not based on laws and are not crimes. Continuing criminal enterprise is the only crime that is a functional equivalent for the crime of agrupaciones ilícitas.
Janelly Palacios (asker) Nov 19, 2020:
Wanted to add the definition Así mismo, a los imputados […], se les atribuye el delito de AGRUPACIONES ILÍCITAS, el cual se encuentra tipificado en el Art. 345 del Código Penal, que literalmente dice: "El que tome parte en una agrupación, asociación u organización ilícita será sancionado con prisión de tres a cinco años. Los organizadores, jefes, dirigentes o cabecillas serán sancionados con prisión de seis a nueve años. Si se tratara de agrupación, asociación u organización del crimen organizado o de las mencionadas en el artículo uno de la Ley de Proscripción de Pandillas o Maras y Grupos de Exterminio, la pena podrá aumentarse hasta las dos terceras partes del máximo. Será considerada penalmente ilícita la agrupación, asociación u organización con, al menos, las siguientes características: que esté conformada por dos o más personas, que exista durante cierto tiempo de hecho o de derecho, que posea algún grado de estructuración y que tenga la finalidad de delinquir. Si además de los anteriores elementos la agrupación, asociación u organización tiene como propósito obtener, directa o indirectamente, un beneficio económico u otro beneficio de orden material, será considerada del crimen organizado.

Proposed translations

+2
2 hrs
Selected

Illicit/Ilegal/Unlawful Association

Any of them would do, in my opinion. See ref.
Example sentence:

The grouping of individuals to carry out activities classified as illegal by the penal code is recognized as an illicit association.

The penalties for unlawful association may vary depending on the criminal activity, the position in the organization and the country in which the crime occurs and the detention.

Peer comment(s):

agree Jose Marino
748 days
Muy amable Jose!
agree omnia_vanitas
905 days
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4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
+1
7 mins

Criminal conspiracy

My suggestion.

Conspiracy: 1-Agreement between 2 or more persons to commit a specified offense, (e.g. robbery) 2- The criminal enterprise of 2 or more persons who have entered into an agreement for this offense to be charged (e.g. smuggling)

Taken from Black\'s Law and the Criminal Justice Dictionaries
Peer comment(s):

agree patinba
6 mins
¡Gracias!
agree Giovanni Rengifo : This would be the equivalent of "concierto para delinquir", and it fits in perfectly here as they're specifically referring to the type of crime in the sample paragraph. Otherwise, "illegal groups" would probably be a good choice in another context.
1 hr
Thanks, Giovanni!
disagree philgoddard : No, it's not conspiracy, it simply means belonging to a proscribed group.
1 hr
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57 mins
Spanish term (edited): San Salv.: agrupación ilícita

US and UK: unlawful combination

'Como es sabida' or I thought it was, Trade Unions in GB used to be outlawed as 'unlawful combinations'.
Example sentence:

The Combination Act 1799 (39 Geo. III, c. 81) titled An Act to prevent Unlawful Combinations of Workmen, prohibited trade unions and collective bargaining

Combination. In Criminal Law, an agreement between two or more people to act jointly for an unlawful purpose; a conspiracy.

Peer comment(s):

neutral philgoddard : I think combination is an odd choice of word. Your first example is from 1799.
51 mins
neutral AllegroTrans : Very strange word
10 hrs
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+1
1 hr

(membership of an) illegal group

All of the versions chosen by your translators - illegal, illicit, unlawful, group, grouping - are correct. You simply have to choose one to maintain consistency.
Peer comment(s):

agree DB-9 : https://tr-ex.me/translation/spanish-english/agrupaciones il... https://www.justice.gov/eoir/file/828481/download
5 hrs
neutral AllegroTrans : "Illegal group" suggests a proscribed group; I think the meaning here though is simply a group of individuals intending to commit crime
9 hrs
Something went wrong...
1 hr

Criminal Enterprise

18 U.S. Code §1961. Definitions...
(4) “enterprise” includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity;

21 U.S. Code § 848 - Continuing criminal enterprise ...
(a) Penalties; forfeitures
Any person who engages in a continuing criminal enterprise shall be sentenced to ...
(b) ...
(c) “Continuing criminal enterprise” defined
For purposes of subsection (a), a person is engaged in a continuing criminal enterprise if—
(1) he violates any provision of this subchapter or subchapter II the punishment for which is a felony, and
(2) such violation is a part of a continuing series of violations of this subchapter or subchapter II—
(A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and
(B) from which such person obtains substantial income or resources.
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3 hrs

Illicit groupings

I was originally going to post "Criminal association/s." (The Crime of Associating with Criminals ).
However, I found some sound references for the literal translation "illicit groupings", according to ICE: (Medina-Molina, 33, wanted for aggravated theft and illicit groupings ...)
https://scholarlycommons.law.northwestern.edu/cgi/viewconten...

https://www.ice.gov/news/releases/ice-removes-2-wanted-salva...

--------------------------------------------------
Note added at 3 hrs (2020-11-19 17:33:58 GMT)
--------------------------------------------------

Although, I still tend to favour "criminal association" or "association with known criminals" for the actual name of the specific charge.
Example sentence:

... wanted in his home country on criminal conspiracy and illicit groupings charges.

FGR ordered the arrest of former Defense Minister David Munguía Payés for the crimes of Illicit Groupings,

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11 hrs

Joint criminal venture/enterprise

I believe this to be a group of two or more individuals forming an intention to commit crime. It is not a conspiracy per se

Note that these are common law doctrines but I think they are sufficiently equivalent to be used here

Joint enterprise is a doctrine of common law dating back several centuries that has been developed by the courts to allow for more than one person to be charged and convicted of the same crime.

If it can be proved that the participants were working together in some way, then they are all guilty of all the crimes committed during the course of their joint enterprise, regardless of the role they played.

Unlike the crime of conspiracy, in which the offence consists of merely agreeing to commit a crime, in joint enterprise all parties are convicted of the actual offence, for example: murder.

Related article: Data – joint enterprise in numbers

Scenarios:

The three following scenarios were put forward by the Crown Prosecution Service to demonstrate types of joint enterprise:

1. Where two or more people join in committing a single crime, in circumstances where they are, in effect, all joint principals

E.g. P1 and P2 agree to commit a robbery. Each plays a part in carrying out the conduct element: together they attack and take money off security men making a cash delivery. Both are liable for robbery as joint principals.

2. Where D assists or encourages P to commit a single crime
E.g. P and D commit a burglary. P alone enters as a trespasser

and steals from the premises. D assists or encourages P by driving P to and from the scene and/or acting as a look-out, knowing that P is going to commit burglary. Both are liable for the burglary, P as the principal, D as an accomplice.

3. Where P and D participate together in one crime (crime A) and in the course of it P commits a second crime (crime B) which D had foreseen he might commit

E.g. D and P carry out a burglary (offence A). P acts as principal, entering the premises and stealing. D assists or encourages P by acting as a look-out. However, in the course of the burglary, P kills householder V, with intent to kill or do really serious harm. P is liable for murder of V as a principal. D may also be liable for murder, as a secondary party, if D foresaw when participating in the burglary with P, that P might commit a criminal act (use unlawful force) with intent to kill or do really serious bodily harm.












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Common purpose - Wikipedia
en.wikipedia.org › wiki › Common_purpose
The doctrine of common purpose, common design, joint enterprise, or joint criminal enterprise is a common law legal doctrine that imputes criminal liability to the ...

Joint criminal enterprise - Wikipedia
en.wikipedia.org › wiki › Joint_criminal_enterprise
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The following Corporate Crime practice note provides comprehensive and up to ... Where there is a prior joint criminal venture it may be easier to infer intent:.

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