Dec 18, 2018 13:18
5 yrs ago
15 viewers *
Spanish term

cómplices inconscientes, aunque sí necesarios

Spanish to English Law/Patents Law (general) Code of ethics
This text is from a test that employees must take to show that they understand the company's code of ethics. They are given hypothetical situations and must decide what they would do in each one. In this situation, they are working on a group project and one person copies his part from the Internet. The other group members are not aware that he has done this and so they turn in the project as it is. They get caught and the other group members are described as "cómplices inconscientes, aunque sí necesarios." So although they were not aware that he copied it, they will still be held accountable for turning in plagiarized work.

I'm trying to figure out if there is a term for "cómplice inconsciente" and "cómplice necesario." I have seen "cómplice necesario" translated as "accessory" in the dictionary below but can a person be an accessory if they are not aware of the wrongdoing?

http://www.interior.gob.es/documents/642317/1203227/Dicciona...

Discussion

Manuel Cedeño Berrueta Dec 19, 2018:
Co-perpetration is a distinct doctrine from conspiracy, although both are related to complicity, i.e. they are attempts to describe, through the language of criminal law, the participation of multiple individuals in a common criminal endeavor. A co-perpetrator is someone who pursues a criminal endeavor with at least one other confederate, sharing joint control over the operation. Following Roxin, cited by the Trial Chamber in Stakić, we can note the traditional view that co-perpetrators must be essential to the operation in question.11 In other words, they are necessary but not suffi cient conditions to the criminal plan’s continued success. A co-perpetrator cannot, by himself, bring the plan to fruition. It is for this reason that he needs fellow perpetrators to act in concert with him. The co-perpetrator’s role is also essential; if he refuses to participate, as Roxin notes, the operation is frustrated. He is therefore a necessary – but not sufficient – condition for completing the criminality. This is the essence of co-perpetration: a crime so large that no one individual can accomplish it on his own.
(https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?arti...
Manuel Cedeño Berrueta Dec 19, 2018:
As Charles says, this text resembles criminal law language, but it’s not an actual criminal-law text.
Regarding the term “cómplice necesario”, you can see a definition here:

Cómplice necesario
Concepto penal que surge de la codelincuencia (v.) cuando el ejecutor material del hecho punible recibe la cooperación imprescindible o útil de otro para la perpetración del delito. Este otro es el denominado cómplice necesario por algunos penalistas y que el codificador no vacila en calificar de autor (v.) en la fórmula, dentro del Cód. Pen. esp., que establece esa equiparación personal y en la condena para "los que cooperan a la ejecución del hecho con un acto sin el cual no se hubiere efectuado". Tal es el caso del que conduce el vehículo desde el cual se ametralla a la víctima al pasar ante ella. (V. CÓMPLICE SECUNDARIO.)
(http://www.enciclopedia-juridica.biz14.com/d/cómplice-necesa...
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Which is similar to that of “co-perpetrator”:
Co-perpetration is a distinct doctrine from conspiracy, although both are related to complicity, i.e. they are attempts to describe, through the language of criminal law, the participation of multiple individuals in a co

Proposed translations

+5
3 hrs
Selected

unwitting accessories, but accessories nonetheless

I think you're right, Rachel. It seems to be fairly standard in the US and UK at least that you can't be charged as an "unwitting accessory" because you need to have knowledge of the crime to be seen as an accessory. However, here, you seem to be saying that those members of the team who were unaware of the plagiarism will indeed be viewed as accessories, so I think you do need use the word "accessory". I think even if it is an oxymoron in legal terms, the meaning would be readily understood by most, i.e., someone who was party to the crime/offense without knowing it.

An accomplice differs from an accessory in that an accomplice is present at the actual crime, and could be prosecuted even if the main criminal (the principal) is not charged or convicted. An accessory is generally not present at the actual crime, and may be subject to lesser penalties than an accomplice or principal.
https://en.wikipedia.org/wiki/Accomplice

I don't think "necessary" works in English, because as far as I know it's not a term of art in law in relation to guilt, nor is it a word that would generally convey the sense of what is meant here.

James was hanged while Grace was sentenced to life imprisonment. Grace became one of the most enigmatic and notorious women of 1840s Canada for her supposed role in the sensational double murder, and was eventually exonerated after 30 years in jail. Her conviction was controversial, and sparked much debate about whether Grace was actually involved in the murder, or merely an unwitting accessory.
https://media.netflix.com/en/press-releases/cbc-and-netflix-...
Peer comment(s):

agree Charles Davis : I like this phrasing. Personally I think you could use "accomplices" here. This echoes criminal law terminology but it's not actually criminal law and can be expressed more loosely, I think.
4 hrs
Thanks, Charles. Yes, perhaps we could, given that, as you say, it's not actually criminal law. However, the idea of "necesario" is still that of an accessory, i.e., not actually being present at the crime/offense.
agree Meridy Lippoldt
7 hrs
Thanks, Meridy.
agree David Hollywood : that's the way I would go
9 hrs
Thanks, David.
agree JohnMcDove
10 hrs
Gracias, John.
agree Richard Vranch : I love it, great readability and super concise and snappy!
21 hrs
Very kind of you, Richard, thanks!
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4 KudoZ points awarded for this answer. Comment: "Thanks so much for your detailed response. I really like the wording!"
+2
12 mins

unwitting but necessary accomplices

Cooperador necesario: El que cooperan a la ejecución del delito con un acto sin el cual no se habría efectuado.
http://es.m.wikipedia.org/wiki/Cómplice

Peer comment(s):

agree patinba
1 hr
agree John Rynne
3 hrs
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