International standards of the defendant's legal status and the problem of legal terminology translation

被引:0
|
作者
Tarasov, Alexander A. [1 ]
Khairoulline, Vladimir I. [1 ]
Sharipova, Alia R. [1 ]
机构
[1] Bashkir State Univ, Inst Law, 131 Dostoevskogo Ul, Ufa 450005, Russia
关键词
defendant; charged; suspect; defender; defence; charge; suspicion; qualified legal assistance;
D O I
10.21638/spbu14.2019.205
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
A comparative analysis of the European Convention English and its official Russian variants, as well as the text of the Russian criminal procedure law and the accepted theoretical understanding of European Convention notions and terms, allows us to reveal extra possibilities for comprehending the systemic sense of the international standards of human rights and justice. The European Convention describes a prosecuted person as someone charged and who has a minimum set of rights. The official Russian translation uses the term, although the minimum of rights stretches to cover not only the Russian/a accused person (article 47 of the Russian Federation Criminal Procedure Code), but also the suspect as well (article 46 of the Russian Federation Criminal Procedure Code). In this case, the Russian translation offers a narrower meaning to the term used in the Convention. Nonetheless, the systemic sense requires a broader interpretation of the term and of the array of rights of the Russian suspect and corresponding duties of law enforcement bodies. In other cases, the Russian translation employs terms with a broader meaning compared to the analogous English terms; for example, the Russian word combination. possesses a broader meaning than the English through legal assistance. The analysis of the literal translation of the text of the European Convention may be useful not only for the
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页码:260 / 273
页数:14
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