False Friends: When autor is not an “author”

Oh, no! False Friends

autor; author / autoría; authorship

Autor and “author” are obviously cognates when they describe the creator of a literary or artistic work: el autor de la novela (“the author of the novel”). Thus, for example, the expression derechos de autor refers to “copyright,” while derechos morales de autor are an author’s “moral rights.” In this context, autoría is indeed “authorship” (the fact of having authored or created a literary or artistic work), coautoría denotes “co-authorship,” and coautores are “co-authors.”

In contrast, in Spanish criminal law contexts el autor (de un delito) is the “principal” or “perpetrator” of a crimal offense. A distinction is often drawn between the autor material or ejecutor (the person who actually commits the offense) and autor intelectual (the “brains” or “mastermind” behind a crime). Likewise, an autor mediato uses an innocent third party (for example, a minor or mentally incompetent person) as an instrument to execute a crime. In this context, autoría refers to the fact of being directly responsible for the perpetration of a crime, while coautoría denotes the commission of a crime by two or more principals who are, thus, coautores (“co-principals” or “co-perpetrators”) of the offense.

“Legal” Verbs and Prepositions (Criminal Procedure)

Legal English for Spanish Speakers

What’s the right preposition for these “crimpro” verbs??

1. The police suspected Mr. X ____ having committed a crime; indeed they believed they had enough evidence________ him to accuse him _____ committing burglary.

2. After the investigation, the prosecutor brought charges _______ Mr. X, who would be charged ________ two counts of burglary.

3. He was then arrested ______ burglary and taken _______ custody.

4. He was arrested _______ a charge ______ burglary and brought _______ the judge.

5. While ______ arrest Mr. X did not confess _____ the crime, but rather he pleaded not guilty _____ the charges filed ________ him.

6. When he appeared ______ court, the judge ordered that Mr. X be released ________ bail pending trial, during which he would be prosecuted and tried _______ burglary.

7. The arresting officer testified _____ Mr. X at trial, while his defense counsel defended him _________ the charges.

8. The prosecution was prevented ______ introducing illegally-obtained evidence ______ the proceedings.

9. After retiring ____ the deliberations room, the jury passed verdict _______ the accused.

10. The jury found Mr. X guilty ________ charged.

11. In summary, Mr. X was finally convicted ________ burglary and was sentenced ________ ten years in prison.

12. After serving four years of his ten-year sentence, Mr. X was released _________ prison and placed ______ parole.

Answers:
  1. of; against; of
  2. against; with
  3. for; into
  4. on; of; before
  5. under; to; to; against
  6. in; on; for
  7. against; against
  8. from; during
  9. to; on/upon
  10. as
  11. of; to
  12. from; on