How to translate the criminal law and the penal enforcement code?

Mieszko Marciniak Translation work, Types of translation

The job of a translator is not an easy one. however, not everyone knows this. For most of us, it is associated with work that is pleasant and enjoyable. Sure, this is often the case, but it is not the rule. More often than not, the translator is faced with challenges in his or her work. But not all of us know this. This is because most of us have a pale understanding of the work of a translator. More often than not, we think that the translator only translates from one language to another. In a way it is, but it is an oversimplification. That’s why it’s worth getting to know what the job really entails. Because it requires more than just knowledge of a foreign language. This is much more than we think. Every translator knows how difficult this job is. And do you know? If not, we invite you to read on. Today we will look at the work of a legal interpreter. To keep things simple, we will address criminal law. Here are a few words on the matter.

In short hide
1 Translation of criminal law
2 How to translate criminal law?
3 What is worth knowing about criminal law?
4 Criminal law is not only the Penal Code
5 How to interpret the criminal code?
6 How to translate the penal enforcement code?
7 Translation of the Act – Executive Penal Code

Translation of criminal law

Want to know how to translate the law? Certainly, after all, that’s what you’re here for. However, before you know the rules, it is worth learning a little more and the law itself. What is it, how to deal with it? It may sound strange, but yes, it is worth knowing how to deal with the law. If you know this, you will also be able to translate them. And it’s not at all as simple as you think. Why? Above all, the concept of ‘law’ creates fear. This is due to the belief that only lawyers know the law and it is better not to go into this subject. So it is better not to go into this subject. Of course, you don’t want to, you don’t have to. But how do you want to explain criminal law without knowing anything about the law? This is unlikely to work. Therefore, anyone who dreams of interpreting the law should know it. Or at least have some idea of it. You don’t have to be a lawyer straight away. It is enough that you know what you are interpreting. And how should criminal law be interpreted? The answer to this question is simple. The law should be explained fairly and clearly. So that there is no doubt in this regard. If you can’t do that, forget about interpreting the law. So how do we translate criminal law and the criminal enforcement code? Check.

How to translate criminal law?

We already know that legal translation is not such a simple matter. Here, language skills alone are not enough. To be able to interpret the law, you have to know it. As we already know, you do not have to be a lawyer, but it is worth being one. After all, lawyers know as little about the law as anyone. However, the law should be approached normally, without puffery. Because, in fact, the law is our life. Many of you may be surprised, but it is. Think about how often you come across laws and regulations on a daily basis. You don’t even know how often! That is why the law has become our everyday life and is worth knowing. After all, ignorance of the law harms, as the Latin saying goes. And how to translate them? Would a lawyer do a better job of translating the Penal Code or another law? In a way, yes, but there is no rule for that. A good lawyer is not necessarily a good translator. In the same way, a good translator does not have to be a lawyer at all. However, if you want to interpret the law, especially criminal statutes, there are certain rules you need to know. First and foremost, you need to know the law. And therein lies the crux of the matter. Because knowing the law does not yet mean understanding it. Meanwhile, without understanding it, no translation will succeed. Neither the criminal code nor the misdemeanour code or any other code.

What is worth knowing about criminal law?

Before we get into interpreting criminal law, it is useful to know what it even is. After all, everyone repeats the term, but do they know its meaning? What does it mean in the language of the law? Well, criminal law is one area of law whose role is to protect the state and the rights and freedoms of citizens. So much more or less by definition. An important role of criminal law is to protect against all kinds of criminal acts. What, in turn, are these prohibited acts? They are simply crimes, of all kinds. So much theory. And what relevance does criminal law have in everyday life? Huge, although many people don’t even realise it. These are certain standards that each of us should adhere to. How is this possible? After all, many people tend to associate this law with punishment, with nothing else. And in a way it is, but not entirely. Because criminal law is not only a system of punishment, but also a system of protection. What is worth knowing about it? How do you translate them to make them good? It is worth knowing the criminal statutes.

Criminal law is not only the Penal Code

Do you want to translate criminal law? So you need to know the criminal statutes. There is no other option here. After all, how are you supposed to translate something you don’t know? This will not work. However, if you think that it is enough to know the Criminal Code to explain this type of law, you are wrong. It’s not as simple as it sounds. But let’s start at the beginning. We already know what criminal law is. Now it is time for more specifics. The very concept of criminal law is very broad, and for many people, too broad. Hence, it is worth knowing more about it. For many of us, criminal law is the penal code, exclusively. Meanwhile, criminal law is not only the Penal Code. This branch of law is also formed by many other laws. Which ones? Among the most important of these are the Acts of 6 June 1997. These are:

  • Penal Code (OJ. 1997 No. 88 item 553)
  • Code of Criminal Procedure (Dz. U. 1997 no. 89 item 555)
  • Executive Penal Code (Dz. U. 1997 no. 90 item 557).

These are only the most important laws, but not the only ones. These are the ones every lawyer and translator should know. Otherwise, he can forget about interpreting criminal law. What is the difference between these codes? What is worth knowing about them? First of all, it is useful to know the scope of their application. Because everyone is different and deals with a different part of criminal law. And what do these laws deal with? We know that each of them has a different scope of criminal law. Let’s check.

How to interpret the criminal code?

Do you think it’s easy? Well, no. If that were the case, everyone would be a lawyer, which they are not. Admittedly, many people claim to know the law, but these are often only perceptions. And it’s not enough to be a lawyer and translate it. What is important to know in this regard? Wiele. The Criminal Code is the basis for the sentencing of offences. Not everyone knows, but punishment is not just imprisonment. It is also punishable by a restriction of liberty or a fine. On the basis of the Criminal Code, the District Court or the District Court may decide whether a person is guilty or not guilty of the alleged acts. The court also has the power to acquit an offence under the Act – Criminal Code. But that is not all.

Punishment does not just mean deprivation of liberty. The convict does not always end up in prison. Today, the legal system offers many possibilities for the adjudication of other penalties. One of these is the execution of a custodial sentence under the electronic surveillance system. This means that the convicted person does not go to prison. This opportunity today is provided by a law that came into force on 15 April 2016 . It allows the convicted person to serve his or her sentence outside prison. Where? In a designated location. Outside the prison, under the e-supervision system you can even serve your sentence in your own home. The provisions of the Act give the judge the power to decide on a person’s life. Whether he or she will be convicted, whether a criminal measure will be imposed in the sentence or whether the person will be exonerated. This is a huge power. Therefore, interpreting the criminal code must be done fairly. And how does the criminal process work? And what about at the end of the process? What next? Then there is the execution of the sentence. But this is already dealt with by a completely different code.

How to translate the penal enforcement code?

Even when you already know how to explain the criminal code it is still not the end of criminal law and the judicial process. Admittedly, it is with the passing of sentence that the scope of this law ends, but this does not mean that the entire criminal procedure ends there. If that were the case, the whole explanation of criminal law would have just ended. However, this is not the case. The next step is the enforcement of the penalty. Even if it is not a custodial sentence. We already know that punishment is not just deprivation of liberty. It may also be conditionally suspended in execution. Because in addition to imposing a custodial sentence, the court may conditionally suspend the execution of the custodial sentence. And that too is a punishment. Only that its enforcement is suspended under a certain condition. Do you want to know which one? Provided that the convicted person does not commit another offence during the probation period. So, we already know what the court can do. The sentence imposed must also be enforced. And this issue and the rules for its reception are regulated by another piece of legislation. Which one? It’s simple.

Translation of the Act – Executive Penal Code

It is the Executive Penal Code and the area of criminal law dealing with the execution of penalties is executive criminal law. According to the Law – Executive Penal Code, sentences can be carried out in closed or open conditions. The first of these is prisons. Second, freedom conditions. However, the executive criminal law does not only set out the rules for serving sentences. One of its parts is penitentiary law. And that is worth knowing. What does penitentiary law deal with? It sets out the rules for the execution of custodial sentences. But that is not all. It also contains rules for granting conditional release to prisoners. Few people know, but such penitentiary court hearings take place in prisons. This is one of the few occasions when the court rules outside the courthouse. Such hearings shall take place in the presence of the convicted person, the probation officer and the public prosecutor. On the basis of an application for early release, the court may grant or refuse it. And it is in no way bound by the application in this respect. After hearing the convicted person, the probation officer, the convicted person and the director of the prison, the court makes a decision. It is also often the case that the court will not release the convicted person before the expiry of the sentence. Why? There is no clear answer to this. Such a decision is dictated by a number of considerations.

As you can see, interpreting criminal law is not at all easy. It requires a really solid legal knowledge from the translator. Therefore, if you want to know how to translate criminal law and the Criminal Executive Code, ask a lawyer if you are not one yourself. He will be sure to point out to you the most important concepts and principles of executive or criminal proceedings. Without this knowledge, no translation of the law will succeed. Anything.

 

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