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English translation: the accused was arrested in absentia via preventive detention

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Russian term or phrase:обвиняемому заочно избрана мера пресечения в виде заключения под стражу
English translation:the accused was arrested in absentia via preventive detention
Entered by: Frank Szmulowicz, Ph. D.

21:50 Apr 1, 2024
Russian to English translations [PRO]
Law (general)
Russian term or phrase: обвиняемому заочно избрана мера пресечения в виде заключения под стражу
Hi, I'm thinking of
'the defendant is remanded in custody in absentia...'
however a little clarification is needed. To my understanding, the word 'remand' means that a defendant is returned to custody from the courtroom. In this case, however, he's never been there. Can he thus be remanded in custody? If not, what other legal term would fit here?
Thanks!
yanm
Local time: 10:18
the accused was arrested in absentia via preventive detention
Explanation:
DETENTION. SOME PROBLEMS WITH THE APPLICATION OF THIS PREVENTIVE MEASURE

Abstract: the paper examines the issue of the problems of applying a preventive measure in the form of detention. The purpose of the work is to analyze the regulatory and scientific literature in the field of criminal procedure in order to deduce the main problems.

Keywords: detention, preventive measure, criminal process, accused, arrest in absentia.
https://cyberleninka.ru/article/n/zaklyuchenie-pod-strazhu-n...
Selected response from:

Frank Szmulowicz, Ph. D.
United States
Local time: 03:18
Grading comment
Thanks!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2см. ниже
Vladimir Alekseev, MCIL
4preventive detention in-absentia applied against the defendant
Turdimurod Rakhmanov
3preventive measure, that was decided upon in the absence of the accused, was incarceration
Irina Stanford
2the accused was arrested in absentia via preventive detention
Frank Szmulowicz, Ph. D.


Discussion entries: 1





  

Answers


3 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
the accused was arrested in absentia via preventive detention


Explanation:
DETENTION. SOME PROBLEMS WITH THE APPLICATION OF THIS PREVENTIVE MEASURE

Abstract: the paper examines the issue of the problems of applying a preventive measure in the form of detention. The purpose of the work is to analyze the regulatory and scientific literature in the field of criminal procedure in order to deduce the main problems.

Keywords: detention, preventive measure, criminal process, accused, arrest in absentia.
https://cyberleninka.ru/article/n/zaklyuchenie-pod-strazhu-n...

Frank Szmulowicz, Ph. D.
United States
Local time: 03:18
Works in field
Native speaker of: Native in EnglishEnglish, Native in PolishPolish
PRO pts in category: 328
Grading comment
Thanks!

Peer comments on this answer (and responses from the answerer)
neutral  Boris Shapiro: Cpt Obvious mode on: to my mind, 'arrest in absentia' sounds even more factually impossible than 'remand in custody in absentia'. Plus, this is yet another proof that Cyberleninka is full of s---.
3 hrs
  -> It doesn't make much sense but such are the times.
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9 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
preventive measure, that was decided upon in the absence of the accused, was incarceration


Explanation:
.

Irina Stanford
United Kingdom
Local time: 08:18
Specializes in field
Native speaker of: Native in RussianRussian
PRO pts in category: 4
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9 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
см. ниже


Explanation:
At the hearing in the absence of the accused, the court ordered pre-trial detention (with respect to the accused)

мера пресечения в виде заключения под стражу - pre-trial detention. "Избирает" ее суд путем вынесения своего order. По поводу "заочности", да, нужен раширительный перевод

Vladimir Alekseev, MCIL
Specializes in field
Native speaker of: Native in RussianRussian
PRO pts in category: 224

Peer comments on this answer (and responses from the answerer)
agree  Angela Greenfield
5 hrs
  -> Анжела, спасибо!

agree  Natasha Liberman
12 days
  -> Большое спасибо, Наташа, за поддержку в борьбе против in absentia! : )
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1 day 17 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
preventive detention in-absentia applied against the defendant


Explanation:
The context is a bit long-winded, to me, in English it should sound like this:Preventive detention in-absentia was/has been applied/used against the defendant or the accused.
or
The defendant/accused were/have been placed in preventive detention in the absence of the defendant/accused.
In English it must be short and clear, I don't think we should use imprisonement, arrest or incarceration. Detention means the same thing. Preventive detention is an imprisonment that is putatively justified for non-punitive purposes, most often to prevent further criminal acts.


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Note added at 1 day 17 hrs (2024-04-03 15:41:02 GMT)
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Preventive detention is also used when the release of the accused is felt to be detrimental to the state’s ability to carry out its investigation. In some countries the practice has been attacked as a denial of certain fundamental rights of the accused.

Turdimurod Rakhmanov
Kyrgyzstan
Local time: 13:18
Specializes in field
Native speaker of: Native in UzbekUzbek, Native in KirghizKirghiz
PRO pts in category: 88
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