criterio de opportunidad

11:35 Dec 5, 2022
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: criterio de opportunidad
The Mexican legal system has the term "criterio de oportunidad" that I've seen translated as "plea bargain". However, of all the cases where the "criterio de oportunidad" is applicable only one coincides with "plea bargain" (that is, when the accused offers valuable information"). My question is whether this term should be translated as "principle of opportunity" (although this term does not appear in the US legal system.
Thank you
Carlos Parodi
Carlos Parodi


Summary of answers provided
4prosecutorial discretion
Sandro Tomasi
3opportunity criterion
patinba
3/prosecutor's / discretion to enter a nolle prosequi (crim.)
Adrian MM.


Discussion entries: 1





  

Answers


6 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
opportunity criterion


Explanation:
This seems to be accepted usage:


Non-trial resolutions as an overlooked ally in the Mexican fight ...https://www.lexology.com › library › detail
Sep 15, 2022 — As noted above, under the NCCP prosecutors are allowed to grant an opportunity criterion (among others) when a defendant provides essential and ...

Mexican Law Review - UNAMhttp://info8.juridicas.unam.mx › mlawr › arc › arc2
PRESENT AND FUTURE OF THE MINISTER PUBLIC IN MEXICO ... generating a predominance of the opportunity criterion about the strict fulfillment of legality.

Mexico: At a turning point in Anti-corruption Investigations and ...https://globalinvestigationsreview.com › review › article
Aug 19, 2019 — Under Mexican law it would be based on the opportunity criterion and the National Code of Criminal Procedure – articles 191 to 200 – whereby ...

patinba
Argentina
Local time: 03:32
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Native speaker of: Native in EnglishEnglish
PRO pts in category: 1373
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
/prosecutor's / discretion to enter a nolle prosequi (crim.)


Explanation:
In the words of the late ProZ translator, Henry Hinds (HH) : 'context is everything'.

We need to know at least whether such a *Latin American* scenario is civil, criminal - even referring to an opportunistic crime - or a court martial etc.

If a criminal defens/ce team reckons the case is weak, then in Anglo-Am. ('Anglo-Saxon') Common Law, a submission of : 'no case (for the defendant) to answer' can be made on single, individual or all counts of the indictment: the old lady inadvertently took the tin or can of cat food: no case to answer, but slapped the security guard: a case to answer.

Otherwise, in BrE there can an 'entry of a nolle prosequi' or, US AmE, to nolle prosequi a prosecution.

Example sentence(s):
  • ¿En qué consiste el criterio de oportunidad? Un criterio de oportunidad es un supuesto en el cual la Procuraduría decide no ejercer la acción penal debido a que hacerlo reportaría un beneficio ínfimo.
  • A 'no case to answer' submission is a legal argument which can be raised at the end of the prosecution's case. If successful it has the effect of stopping the proceedings before any defence evidence is called.

    Reference: http://en.wikipedia.org/wiki/Nolle_prosequi
    Reference: http://proyectojusticia.mexicoevalua.org/en-que-consiste-el-...
Adrian MM.
Austria
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Native speaker of: Native in EnglishEnglish
PRO pts in category: 586

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: the only discretion?
1 day 5 hrs
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
prosecutorial discretion


Explanation:
Or for context specific:

1. negotiated plea, plea bargain, plea agreement
2. deferred prosecution, deferred judgment
3. diversion, alternative dispute resolution




    https://www.proz.com/kudoz/spanish-to-english/law-general/6751712-criterio-de-oportunidad.html
Sandro Tomasi
Local time: 02:32
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Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 558
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