Spanish term
Agrupaciones Ilicitas
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.
Proposed translations
Illicit/Ilegal/Unlawful Association
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.
Criminal conspiracy
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
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patinba
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¡Gracias!
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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
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Thanks, Giovanni!
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disagree |
philgoddard
: No, it's not conspiracy, it simply means belonging to a proscribed group.
1 hr
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US and UK: unlawful combination
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.
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philgoddard
: I think combination is an odd choice of word. Your first example is from 1799.
51 mins
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neutral |
AllegroTrans
: Very strange word
10 hrs
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(membership of an) illegal group
agree |
DB-9
: https://tr-ex.me/translation/spanish-english/agrupaciones il...
https://www.justice.gov/eoir/file/828481/download
5 hrs
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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
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Criminal Enterprise
(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.
Illicit groupings
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)
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Although, I still tend to favour "criminal association" or "association with known criminals" for the actual name of the specific charge.
... 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,
Joint criminal venture/enterprise
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
Joint criminal enterprise (JCE) is a legal doctrine used during war crimes tribunals to allow the prosecution of members of a group for the actions of the group.
Definition · Post World War II trials · Post Yugoslav War trials · Other
Secondary Liability: charging decisions on principals and ...
www.cps.gov.uk › legal-guidance › secondary-liability-...
4 Feb 2019 — The abolition of “parasitic accessory liability” as a basis for criminal liability ... act of committing crime B was within the scope of the joint venture, ...
Joint Criminal Ventures and Murder: The Prospects for Law ...
www.tandfonline.com › doi › pdf
D's liability, in cases where P kills V in the course of a joint criminal venture with D.4. There is little or no difficulty about the justice of finding D guilty of the murder.
by J Horder · 2009 · Cited by 12 · Related articles
Joint Criminal Ventures and Murder - Oxford Scholarship
oxford.universitypressscholarship.com › acprof:oso › a...
It defends the common law view, namely that when someone foresees that another party to a joint criminal venture may commit murder, and that other person does ...
joint enterprise - Prison Reform Trust
www.prisonreformtrust.org.uk › Portals › Documents
Joint enterprise is a doctrine of criminal law which permits two or more defendants to be ... 'teaming up' and forming joint criminal ventures in the first place.
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Joint Criminal Enterprise - jstor
www.jstor.org › stable
Joint Criminal Enterprise. A secondary party is guilty of murder if he participates in a joint venture realising that in the course thereof the principal might use force ...
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Joint enterprise and secondary liability | Legal Guidance ...
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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:.
Discussion
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.