Translation of FR "magistrat" and "procureur general"
Apokrif
As I wrote in
http://en.wikipedia.org/wiki/Talk:Cour_de_cassation#Parquet , I'm
looking for a good translation of French "magistrat" and "procureur
général" (in the case of the Cour de cassation):
- I think English "magistrate" is not an appropriate translation for
French "magistrat": if I understand well, magistrates in
English-speaking countries are junior judges, whereas in France the
"magistrats" are all professional, full-time judges (excluding e.g.
elected members of labour courts) as well as public prosecutors (in
general they are graduates of the Ecole de la magistrature);
- The members of the parquet of the Cour de cassation are called
"prosecutors" in the article (and in the Ministère de la justice
site), but this name is misleading as they don't "prosecute" in the
criminal cassation procedure (they've got more or less the same role as
commissaires du gouvernement of administrative courts; they're also
heard in all civil cassation cases, whereas the ministère public
seldom plays a role in civil procedure at first instance and appeal
levels). See e.g. the Kress judgement of the ECHR for a comparison with
their administrative and European counterparts.
[fu2 slt]
Owain
> As I wrote in
> http://en.wikipedia.org/wiki/Talk:Cour_de_cassation#Parquet , I'm
> looking for a good translation of French "magistrat" and "procureur
> général" (in the case of the Cour de cassation):
> - I think English "magistrate" is not an appropriate translation for
> French "magistrat": if I understand well, magistrates in
> English-speaking countries are junior judges, whereas in France the
> "magistrats" are all professional, full-time judges (excluding e.g.
> elected members of labour courts) as well as public prosecutors (in
> general they are graduates of the Ecole de la magistrature);
In Scottish courts, the lowest rank of judge is Sheriff.
> - The members of the parquet of the Cour de cassation are called
> "prosecutors" in the article (and in the Ministère de la justice
> site), but this name is misleading as they don't "prosecute" in the
> criminal cassation procedure (they've got more or less the same role as
> commissaires du gouvernement of administrative courts; they're also
> heard in all civil cassation cases, whereas the ministère public
> seldom plays a role in civil procedure at first instance and appeal
> levels). See e.g. the Kress judgement of the ECHR for a comparison with
> their administrative and European counterparts.
I odn't know, but in Scotland we have Procurators Fiscal.
http://www.crownoffice.gov.uk/
Wikipedia redirects Procurator to Promagistrate.
Owain
Peter Wells
>Hi,
>
>As I wrote in
>http://en.wikipedia.org/wiki/Talk:Cour_de_cassation#Parquet , I'm
>looking for a good translation of French "magistrat" and "procureur
>général" (in the case of the Cour de cassation):
>
>- I think English "magistrate" is not an appropriate translation for
>French "magistrat": if I understand well, magistrates in
>English-speaking countries are junior judges, whereas in France the
>"magistrats" are all professional, full-time judges (excluding e.g.
>elected members of labour courts) as well as public prosecutors (in
>general they are graduates of the Ecole de la magistrature);
>
Correct; when a translation is needed, it is usually possible to
ascertain which kind is meant ("judge" or "prosecutor"). BTW, the full
name of the school is Ecole Nationale de la Magistrature).
>- The members of the parquet of the Cour de cassation are called
>"prosecutors" in the article (and in the Ministère de la justice
>site), but this name is misleading as they don't "prosecute" in the
>criminal cassation procedure (they've got more or less the same role as
>commissaires du gouvernement of administrative courts; they're also
>heard in all civil cassation cases, whereas the ministère public
>seldom plays a role in civil procedure at first instance and appeal
>levels). See e.g. the Kress judgement of the ECHR for a comparison with
>their administrative and European counterparts.
>
I see your point, but I don't think it is really misleading in an
important way: here they act as spokesmen for society as a whole
acting through the State, whereas when prosecuting in the strict sense
they bring the case for society against the individual. It seems to me
that the two are sufficiently close to allow the same word to be used.
If you consider the distinction to be indispensable, you could use
something like "public prosecutor acting in the capacity of
advocate-general" or "of amicus curiae for the State".
>[fu2 slt]
only one p in my real address / un seul p dans ma véritable adresse