opgeëiste persoon

English translation: wanted person

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Dutch term or phrase:opgeëiste persoon
English translation:wanted person
Entered by: Michael Beijer

14:36 Sep 15, 2020
Dutch to English translations [PRO]
Law/Patents - Law (general)
Dutch term or phrase: opgeëiste persoon
I always struggle with this term.
I have a document about the extradition of a foreign national. The term appears multiple times, but here in an example: De opgeëiste persoon is veroordeeld voor 4 bedreigingen en een mishandeling, waarbij hij deze feiten telkens heeft gepleegd binnen een periode van vijf jaar nadat hij een vrijheidsstraf van tenminste 6 maanden voor een vergelijkbaar strafbaar feit had ondergaan.

Thanks in advance for the help.
TDVTrans
United States
Local time: 08:00
wanted person
Explanation:
see my extensive ref comments
Selected response from:

Michael Beijer
United Kingdom
Local time: 12:00
Grading comment
I think that all answers are correct but felt that 'wanted person' was most suitable after having translated the entire document. Thanks Michael!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1Extraditee
Tina Vonhof (X)
4 +1person sought
Textpertise
4defendant
philgoddard
4wanted person
Michael Beijer
Summary of reference entries provided
refs
Michael Beijer

Discussion entries: 1





  

Answers


23 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
defendant


Explanation:
Frequently, defendants who have been extradited to the United States attempt to...
http://www.justice.gov/jm/jm-9-15000-international-extraditi...

Extradition of defendants or convicts to a foreign state shall be allowed...
http://sherloc.unodc.org/cld/en/legislation/srb/law_on_mutua...

philgoddard
United States
Specializes in field
Native speaker of: English
PRO pts in category: 48
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44 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Extraditee


Explanation:
'The person whose extradition is requested'.
There are many sources on the web but most are PDFs.

Tina Vonhof (X)
Canada
Local time: 06:00
Native speaker of: Native in DutchDutch, Native in EnglishEnglish
PRO pts in category: 51

Peer comments on this answer (and responses from the answerer)
agree  Adrian MM.: and also leaves open whether the miscreant is still at large & wanted but tried in absentia, rather than in person. Not at all clear from the context https://core.ac.uk/reader/55535492
18 hrs
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48 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
person sought


Explanation:
This is the wording used most often in the extradition treaty between the USA and the UK which can be read online.

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Note added at 52 mins (2020-09-15 15:29:40 GMT)
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https://www.gov.uk/government/publications/extradition-treat...


Textpertise
United Kingdom
Local time: 12:00
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 40

Peer comments on this answer (and responses from the answerer)
agree  Tina Vonhof (X): Short and simple.
14 mins
  -> Thanks Tina
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
wanted person


Explanation:
see my extensive ref comments

Example sentence(s):
  • A fugitive from justice, also known as a **wanted person**, can be a person who is either convicted or accused of a crime and hiding from law enforcement in the state or taking refuge in a different country in order to avoid arrest.
  • If the extradition of a wanted person is not clearly prohibited under the laws of the requested Contracting Party, that Contracting Party may authorise extradition without formal extradition proceedings, provided that the wanted person agrees thereto in a
Michael Beijer
United Kingdom
Local time: 12:00
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 189
Grading comment
I think that all answers are correct but felt that 'wanted person' was most suitable after having translated the entire document. Thanks Michael!
Login to enter a peer comment (or grade)




Reference comments


1 hr
Reference: refs

Reference information:
Dutch: opgeëiste persoon
English: wanted person

strafrecht (internationaal strafrecht) - persoon tegen wie een verzoek tot uitlevering is uitgevaardigd.

(https://www.juridischwoordenboek.nl/zoek/opgeëiste persoon )

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"346. Paragraph 18 increases the flexibility with which a Part 3 warrant (a UK European Arrest Warrant for transmission to another Category 1 territory) may be issued, where the wanted person is unlawfully at large. In a case where the person has escaped from custody and is already believed to have left the UK, it may be vital to have the ability to issue the Part 3 warrant without a prior domestic warrant of arrest having been issued."

(https://publications.parliament.uk/pa/cm200506/cmbills/119/e... )

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Tevens zij erop gewezen dat grensbeheer niet uitsluitend betrekking heeft op het immigratieaspect maar ook andere doeleinden beoogt: douanecontrole, verkeersveiligheid, verhindering van de binnenkomst van gevaarlijke of illegale goederen, identificatie van personen tegen wie een arrestatie- of uitwijzingsbevel van een bevoegde rechterlijke instantie uitstaat, enz.

=

If the extradition of a wanted person is not clearly prohibited under the laws of the requested contracting party, that contracting party may authorise extradition without formal extradition proceedings, provided that the wanted person agrees thereto in a statement made before a member of the.

(https://tr-ex.me/translation/english-dutch/extradition of pe... )

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Transfer of Sentence

In conviction cases it may be possible to transfer the sentence to the country of the requested person’s nationality rather than seeking an EAW. The basis for transfer of sentence with EU Member States, until 31 December 2020, is the “Prisoner Transfer” Framework Decision (2008/909/JHA). Transfer of sentence will be an option where:

• the wanted person is known to be in a specific EU Member State (and they are a national of that country)
• the wanted person was convicted and sentenced in person, or in absentia provided the person or their representative was informed of the proceedings which led to the judgment.
• the wanted person’s sentence still has at least 6 months to run; and
• There is dual criminality.
• The consent of the wanted person is not required. Advice and assistance can be obtained from HMPPS, who will be responsible for arranging the transfer of sentence.

(https://www.cps.gov.uk/legal-guidance/extradition )




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Note added at 1 hr (2020-09-15 15:52:08 GMT)
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Fugitive

A fugitive (or runaway) is a person who is fleeing from custody, whether it be from jail, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals. A fugitive from justice, also known as a wanted person, can be a person who is either convicted or accused of a crime and hiding from law enforcement in the state or taking refuge in a different country in order to avoid arrest.[1]

A fugitive from justice alternatively has been defined as a person formally charged with a crime or a convicted criminal whose punishment has not yet been determined or fully served who is currently beyond the custody or control of the national or sub-national government or international criminal tribunal with an interest in his or her arrest. This latter definition adopts the perspective of the pursuing government or tribunal, recognizing that the charged (versus escaped) individual does not necessarily realize that they are officially a wanted person (e.g., due to a case of mistaken identity or reliance on a sealed indictment), and therefore may not be fleeing, hiding, or taking refuge to avoid arrest.[2] The fugitive from justice is ‘international’ (versus ‘domestic’) if wanted by law enforcement authorities across a national border.[3]"

(https://en.wikipedia.org/wiki/Fugitive )

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Note added at 25 days (2020-10-10 16:48:13 GMT) Post-grading
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https://beijer.uk/wordbook/terms/opgeeiste_persoon

Michael Beijer
United Kingdom
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 189
Login to enter a peer comment (or grade)



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