sanciones pecuniarias y accesorias
English translation: fines and ancillary penalties
| 17:18 Oct 13, 2018 |
| Spanish to English translations [PRO] Social Sciences - Law (general) | |||||||
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|  Selected response from: Lester Tattersall United Kingdom Local time: 11:37 | ||||||
Grading comment
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| Summary of answers provided | ||||
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| 4 | monetary and other supplementary penalties |
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| 4 | fines and ancillary penalties |
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| Summary of reference entries provided | |||
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| pecuniary sanctions |
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| Discussion entries: 2 | |
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Answers
8 hrs confidence: 
monetary and other supplementary penalties Explanation: In his Spanish-English Dictionary of Law and Business, Thomas West translates “sanción pecuniaria” as “monetary penalty”; and “sanción accesoria” can be translated as “supplementary penalty”. I understand that fines are just a type of monetary/financial penalties, as can be seen in several sources, including the United States Code: When a person is sentenced to the John R. Manson Youth Institution, Cheshire, for an offense for which a fine is provided by law as a supplementary penalty, the trial court shall impose no such supplementary penalty. (https://law.justia.com/codes/connecticut/2013/title-18/chapt... “In this respect, a fine imposed by a criminal court differs from a revenue financial penalty. Unless there is specific provision to the contrary ... a Court must indeed proportion the fine to the means of the offender.34 A revenue penalty, however, is generally of fixed amount (whether provided by statute or arrived at as a result of computation) and is payable in that sum without regard to the means of the offender subject only to such statutory mitigation as may be possible. For example, a Court would rarely impose a fine which would have the consequence that the Defendant would have to sell his or her house because to do so might be regarded as an extraordinary punitive measure. A revenue penalty, on the contrary, arises in a specified amount without regard to the means of the offender or what steps he will have to take to pay it. And there is generally only a limited amount of mitigation available, and that at the discretion of the revenue.”35 (http://www.lawreform.ie/_fileupload/Reports/rIndexationofFin... ---------- (b)FINE NOT TO IMPAIR ABILITY TO MAKE RESTITUTION.— If, as a result of a conviction, the defendant has the obligation to make restitution to a victim of the offense, other than the United States, the court shall impose a ****fine or other monetary penalty**** only to the extent that such fine or penalty will not impair the ability of the defendant to make restitution (…) (1) A person sentenced to pay a ****fine or other monetary penalty, including restitution****, shall make such payment immediately, unless, in the interest of justice, the court provides for payment on a date certain or in installments. If the court provides for payment in installments, the installments shall be in equal monthly payments over the period provided by the court, unless the court establishes another schedule (https://www.law.cornell.edu/uscode/text/18/3572) ------- (5) When a ***fine, assessment*** imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), ****other financial penalty or restitution**** is imposed on a corporation, it is the duty of the person or persons authorized to make disbursements from the assets of the corporation or association to pay it from such assets and their failure so to do may be held to be contumacious. (https://law.justia.com/codes/new-jersey/2016/title-2c/sectio... |
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1 day 1 hr confidence:
fines and ancillary penalties Explanation: It's clear – and can be checked online – that penas accesorias are ones that can accompany the penas principales; they're almost always non-monetary, and can include things like bans on holding public office, working with children... EU legislation "Main & Ancillary Penalties (Table 7003) 4.6 For the purposes of this report we agreed that an ancillary penalty is one that cannot stand alone but is often applied with a main penalty. An example given to assist with clarification was the disqualification of an individual convicted of a customs offence from engaging in industrial or commercial activities." However, "supplementary penalties" - as Manuel, above says - can also be found in Euro-legislation. Reference: http://https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=C... |
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Reference comments
7 hrs |
| Reference: pecuniary sanctions Reference information: Application of International Labour Standards 2018 - ILO https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---.../w... 9 dic. 2017 - Abolition of Penal Sanctions (Indigenous Workers) Convention, 1955 (No. ...... the NORMLEX database, on the ILO website (www.ilo.org/normes). ...... measures to strengthen the existing pecuniary sanctions applicable to acts ... The Fundamentals of Minimum Wage Fixing https://books.google.com/books?isbn=9221170144 - François Eyraud, Catherine Saget, International Labour Office - 2005 - Business & Economics Sanctions can be pecuniary or include imprisonment (see www.ilo.org/travail/database for examples of national practice). As far as supervision mechanisms are ... |
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