Glossary entry (derived from question below)
Norwegian term or phrase:
straffebud
English translation:
criminal sentence or sanction
Added to glossary by
dmesnier
Dec 17, 2022 20:13
1 yr ago
12 viewers *
Norwegian term
straffebud
Norwegian to English
Other
Law (general)
Policy recommednations
Hi, trying to find a decent translation for "staffebud" Is this closer to "sentencing guidelines" or straight "sentencing" or perhaps something other than these? Examples of use are as follows:
Sikre klar og presis utforming i reviderte straffebud for å legge til rette for et godt samspill mellom straffeloven og straffeprosessloven
VDersom et samtykkebasert straffebud skal innføres, må ordlyd og forarbeider klart kommunisere når et virksomt samtykke er avgitt, slik at det ikke oppstår usikkerhet ved lovtolkningen.
Thanks for your help!
Sikre klar og presis utforming i reviderte straffebud for å legge til rette for et godt samspill mellom straffeloven og straffeprosessloven
VDersom et samtykkebasert straffebud skal innføres, må ordlyd og forarbeider klart kommunisere når et virksomt samtykke er avgitt, slik at det ikke oppstår usikkerhet ved lovtolkningen.
Thanks for your help!
Proposed translations
(English)
| 3 | criminal sentence or sanction |
Adrian MM.
|
| 4 +1 | penal provision |
Charles Ek
|
Proposed translations
1 hr
Adrian MM.
Austria
Austria
Native in English
Specializes in field
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: British, Scottish) 
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
Related KudoZ points
:
56
Selected
criminal sentence or sanction
Neither translation is dictionary-driven, but not a reason to discount what is used in criminal law practic/se.
Penal clause or provision (also Patrick Chaffey, NOR/ENG Juridisk Ordbok) strikes me as ambiguous for a breach of contract remedy or for breach of a civil injunction (e.g. 'backed by committal to prison for contempt of court').
Dersom et samtykkebasert straffebud -> consent-based rings bells from English (US American?) criminal law where the offender needs to agree to certain types of punishment, like a CSO - community service order and/or a fine and/or incarceration.
I'm unsure 'sentencing provision' as in the first weblink -let alone Sentencing Guideline devised by a sentencing commission - works in this context.
Penal clause or provision (also Patrick Chaffey, NOR/ENG Juridisk Ordbok) strikes me as ambiguous for a breach of contract remedy or for breach of a civil injunction (e.g. 'backed by committal to prison for contempt of court').
Dersom et samtykkebasert straffebud -> consent-based rings bells from English (US American?) criminal law where the offender needs to agree to certain types of punishment, like a CSO - community service order and/or a fine and/or incarceration.
I'm unsure 'sentencing provision' as in the first weblink -let alone Sentencing Guideline devised by a sentencing commission - works in this context.
Example sentence:
*Offenders consent* to community service orders to avoid prison sentences of which they are not in danger.
A penalty clause is a clause within a contract that seeks to make the counterparty responsible for paying a large sum of money if they breach the contract.
Peer comment(s):
| neutral |
Christopher Schröder
: See discussion
1 day 19 hrs
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The contract angle of penal (penalty) provision or clause had been my point, rather than yours. Even if consent refers to the victim, a consent-based 'offenc/se' does not come within the parameters of 'straffebud'. If it does, then post a proper answer.
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| neutral |
Charles Ek
: I have NO idea why the two of you have wandered into contract law, especially after one of you even cited the link to the source. This has everything to do with criminal law.
4 days
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4 KudoZ points awarded for this answer.
Comment: "Thanks for your help!"
+1
7 mins
Charles Ek
United States
United States
Native in English
Specializes in field
United States
Your meaning, from your words and mine
Native in: English 
Works in: Norwegian to English, Danish to English, Swedish to English, and 2 more.
Related KudoZ points
:
83
penal provision
Ordnett has “penal provision” and “penal clause” as the two alternatives. The first one fits here and everywhere else I checked.
Discussion
How was I to know which lawyer to defer to? At least one of you had to be wrong :-)
Then it might have been wiser in this instance to defer to someone who practiced law for five years.