Feb 10, 2011 03:16
13 yrs ago
9 viewers *
Italian term
Reato - danneggiamento
Italian to English
Law/Patents
Law (general)
criminal background check
It's part of a criminal check however this is my first time translating a background check that actually has a proceeding listed..
"Primo reato) DANNEGGIAMENTO Art. 635 comma 2n. (COMMESSO Il ...)
So how would you translate DANNEGGIAMENTO: Maliscious Mischief? or just Mischief?
Thank you
"Primo reato) DANNEGGIAMENTO Art. 635 comma 2n. (COMMESSO Il ...)
So how would you translate DANNEGGIAMENTO: Maliscious Mischief? or just Mischief?
Thank you
Proposed translations
(English)
| 5 +2 | Vandalism, malicious mischief |
Adele Fenstermacher
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| 5 +1 | criminal damage |
simon tanner
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| 4 | Offense - Damage |
Caroline Schena
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| 4 -1 | offence of property damage |
Sylvia Gilbertson
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Change log
Feb 10, 2011 18:07: Daniela Zambrini changed "Term asked" from "Reato - DANNEGGIAMENTO " to "Reato - danneggiamento"
Proposed translations
+2
2 hrs
Adele Fenstermacher
Native in English
Specializes in field
Experienced US/UK Lawyer, former judge
Native in: English
Works in: Italian to English
Related KudoZ points
:
52
Italian term (edited):
Reato - DANNEGGIAMENTO
Selected
Vandalism, malicious mischief
In both criminal and civil law, vandalism,"danneggiamento" . is actionable. In civil law, the injured party can request compensation for damages to property caused by vandalism. In most jurisdictions, vandalism is also punishable as a misdemeanor, which generally means 6 months of incarceration and/or a fine (e.g. California Penal Code) Source: DeFranchis, "Dizionario Giuridico", Vol 2. In the UK, "malicious mischief" is the analogous criminal charge.
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Note added at 3 hrs (2011-02-10 06:45:52 GMT)
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Italian Penal Code, Art. 635, subpara. 2, provides in relevant part that whomever is found guilty of destroying, disfiguring, or rendering, in whole or in part, employment computer data unusable is punished by incarceration of up to 1 year or subject to a maximum fine of € 309. Since your translation specifically refers this penal code section, it would seem reasonable to use either "vandalism" or "malicious mischief" in your translation.
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Note added at 3 hrs (2011-02-10 06:50:59 GMT)
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Protected data also includes other types of data stored in computer as described in Penal Code articles 330, 331 and 333.
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Note added at 3 hrs (2011-02-10 06:45:52 GMT)
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Italian Penal Code, Art. 635, subpara. 2, provides in relevant part that whomever is found guilty of destroying, disfiguring, or rendering, in whole or in part, employment computer data unusable is punished by incarceration of up to 1 year or subject to a maximum fine of € 309. Since your translation specifically refers this penal code section, it would seem reasonable to use either "vandalism" or "malicious mischief" in your translation.
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Note added at 3 hrs (2011-02-10 06:50:59 GMT)
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Protected data also includes other types of data stored in computer as described in Penal Code articles 330, 331 and 333.
4 KudoZ points awarded for this answer.
Comment: "The fact that you were able to identify the actual law broken was extremely helpful and made your suggestion all the more reasonable, I chose malicious mischief.
Thank you kindly!"
-1
1 hr
Sylvia Gilbertson
United States
United States
Native in English
Specializes in field
United States
Related KudoZ points
:
244
Italian term (edited):
Reato - DANNEGGIAMENTO
offence of property damage
Atto illecito con cui si reca danno a cose
http://dizionari.corriere.it/dizionario_italiano/D/danneggia...
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Note added at 1 hr (2011-02-10 04:51:56 GMT)
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Or you can call it criminal property damage - malicious mischief is a type of property damage, but I'd go for a more general translation in this case.
US spelling is "offense," UK spelling "offence."
http://dizionari.corriere.it/dizionario_italiano/D/danneggia...
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Note added at 1 hr (2011-02-10 04:51:56 GMT)
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Or you can call it criminal property damage - malicious mischief is a type of property damage, but I'd go for a more general translation in this case.
US spelling is "offense," UK spelling "offence."
+1
2 hrs
simon tanner
Italy
Italy
Native in English
Specializes in field
Italy
law, philosophy & art history specialist
Native in: English
Works in: Italian to English, English
Related KudoZ points
:
751
Italian term (edited):
Reato - DANNEGGIAMENTO
criminal damage
this is the term in UK law, anyway
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Note added at 2 hrs (2011-02-10 05:27:38 GMT)
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s 1(1) of the Criminal Damage Act 1971 sets out that: "A person who without lawful excuse destroys or damages any property belonging to another...shall be guilty of an offence"
In the case in point, we are dealing with a particular type of damage, since Art. 635 of the Codice Penale, mentioned in your text, deals with "danneggiamento di informazioni, dati e programmi informatici utilizzati dallo stato a da altro ente pubblico o comunque di pubblica utilità".
This would still of course be criminal damage, and under English law, as far as I am aware, there is no specific offence for this type of damage, but you could add "to data, software..." etc
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Note added at 2 hrs (2011-02-10 05:27:38 GMT)
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s 1(1) of the Criminal Damage Act 1971 sets out that: "A person who without lawful excuse destroys or damages any property belonging to another...shall be guilty of an offence"
In the case in point, we are dealing with a particular type of damage, since Art. 635 of the Codice Penale, mentioned in your text, deals with "danneggiamento di informazioni, dati e programmi informatici utilizzati dallo stato a da altro ente pubblico o comunque di pubblica utilità".
This would still of course be criminal damage, and under English law, as far as I am aware, there is no specific offence for this type of damage, but you could add "to data, software..." etc
Peer comment(s):
| neutral |
Adele Fenstermacher
: Under the specific Italian penal code cited, art.635, subp. 2, specifically provides a criminal offence for the destruction or damage of computer data.
54 mins
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If you read what I wrote you would see that I acknowledge this, and also offer an alternative to take it into account. Criminal damage is the official English term, by the way, not just my version!
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| neutral |
Thomas Roberts
: http://www.legislation.gov.uk/ukpga/1995/39/section/52
2 hrs
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criminal damage sounds more appropriate to me than vandalism when talking about digital rather than real property, but you're the legal expert
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| agree |
Ivana UK
: covered by the 'Computer Misuse Act' http://people.exeter.ac.uk/mmaziz/com1409/lect1.pdf
7 hrs
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Thanks Ivana! The link in fact confirms that "Criminal damage" is used in this context
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4 hrs
Caroline Schena
Italy
Italy
Native in English
Italy
Professionalism, Reliability & Quality.
Native in: English 
, French
Works in: English to French, Italian to English, English to Italian, and 1 more.
Italian term (edited):
Reato - DANNEGGIAMENTO
Offense - Damage
Reato is an offense, in this case a first offense. Now since we are talking about a background check. Chances are we the word you are looking for is "exemplary damage": "Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff." (taken from the legal dictionary) or maybe even "punitive damage":"On occasion punitive damages can be greater than the actual damages, as, for example, in a sexual harassment case or fraudulent schemes. Although often asked for, they are seldom awarded." (also taken from the legal dictionary). However, since there are no specific references as to the type of damage, I would should leave it as "damage" because it includes the above mentioned types of damages and all others: "damages
n. the amount of money which a plaintiff (the person suing) may be awarded in a lawsuit. There are many types of damages. Special damages are those which actually were caused by the injury and include medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. The second basic area of damages are general damages, which are presumed to be a result of the other party's actions, but are subjective both in nature and determination of value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, loss of companionship, loss of reputation (in a libel suit, for example), humiliation from scars, loss of anticipated business and other harm. The third major form of damage is exemplary (or punitive) damages, which combines punishment and the setting of public example. Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, as, for example, in a sexual harassment case or fraudulent schemes. Although often asked for, they are seldom awarded. Nominal damages are those given when the actual harm is minor and an award is warranted under the circumstances. The most famous case was when Winston Churchill was awarded a shilling (about 25 cents) against author Louis Adamic, who had written that the British Prime Minister had been drunk at a dinner at the White House. Liquidated damages are those pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract." (the legal definition of Damages in the Legal Dictionary)
n. the amount of money which a plaintiff (the person suing) may be awarded in a lawsuit. There are many types of damages. Special damages are those which actually were caused by the injury and include medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. The second basic area of damages are general damages, which are presumed to be a result of the other party's actions, but are subjective both in nature and determination of value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, loss of companionship, loss of reputation (in a libel suit, for example), humiliation from scars, loss of anticipated business and other harm. The third major form of damage is exemplary (or punitive) damages, which combines punishment and the setting of public example. Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, as, for example, in a sexual harassment case or fraudulent schemes. Although often asked for, they are seldom awarded. Nominal damages are those given when the actual harm is minor and an award is warranted under the circumstances. The most famous case was when Winston Churchill was awarded a shilling (about 25 cents) against author Louis Adamic, who had written that the British Prime Minister had been drunk at a dinner at the White House. Liquidated damages are those pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract." (the legal definition of Damages in the Legal Dictionary)
Reference:
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