Glossary entry

French term or phrase:

emprisonnement ... réclusion

English translation:

imprisonment...extended imprisonment

Added to glossary by Marc Vitale
Mar 29, 2005 15:33
19 yrs ago
5 viewers *
French term

emprisonnement ... réclusion

French to English Law/Patents Law (general)
Text is from a Swiss confidentiality agreement and says:

..."celui qui aura rendu accessible un secret de fabrication ou d'affaires à un organisme officiel ou privé étranger ... sera puni de l'emprisonnement ou, dans le cas graves, de la réclusion."

My question is "what's the difference between emprisonnement and réclusion?", don't they both mean imprisonment?

Discussion

Non-ProZ.com Mar 29, 2005:
Thanks Nick: Perhaps I could say "imprisonment for a shorter or longer period depending on the gravity of the offence" or something to that effect ...?

Proposed translations

56 mins
French term (edited): emprisonnement ... r�clusion
Selected

imprisonment...extended imprisonment

Another option - 'extended imprisonment' is one of the options suggested by my legal dictionary (after 'imprisonment (for more than five years)'). The Swiss Penal Code indicates that they have different rules for the duration of imprisonment that qualifies for classification as 'emprisonnement' or 'réclusion' (emprisonnement is only up to three years in Swiss law if I have understood it correctly), so using a more vague term will get you off the hook.

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4 KudoZ points awarded for this answer. Comment: "Thanks Charlotte, I like this formula, and thank you to everyone else for their helpful comments too."
13 mins
French term (edited): emprisonnement ... r�clusion

imprisonment, imprisonment at hard labor

According to "Petit Robert", "emprisonnement" is imprisonment and "réclusion" is imprisonment with forced labor.
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4 mins
French term (edited): emprisonnement ... r�clusion

imprisonment, confinement

Which is better? It may be "Life imprisonment"!

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Note added at 5 mins (2005-03-29 15:38:34 GMT)
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I think confinment is much shorter.

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Note added at 24 mins (2005-03-29 15:57:48 GMT)
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Sorry \"P\" for Pamela
Peer comment(s):

agree Pamela Boutin-Bird : But is réclusion not more specifically 'solitary' confinement
16 mins
Yes agreed! Thanks pamela!
disagree Nick Somers (X) : It appears that emprisonnement is shorter than réculsion, but I don't think this difference is reflected in imprisonment vs. confinement // Sorry to be so hard, but confidence 5 is always a red rag to this bull! ;-))
23 mins
You are a bit "stiff" with your "disagree" but I think you are right!
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+1
16 mins
French term (edited): emprisonnement ... r�clusion

see explanation

According to the site I've found, emprisonnement is less than 5 years, réclusion more than 5 years.
If this is right, you'd probably have to be specific in the translation: "imprisonment of up to 5 years, or over 5 years in serious cases" or something like that.
http://menneskeret.dk/menneskeretieuropa/konventionen/baggru...

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Note added at 25 mins (2005-03-29 15:58:16 GMT)
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Here\'s another site which discusses the difference
http://en.lingo24.com/articles/Pitfalls_in_Legal_Translation...
This one says up to 10 years and over 10 years.
The definition also depends on the country.

Good luck!
Peer comment(s):

agree Charlotte Allen : Council of Europe Legal Dictionary says "imprisonment (for more than five years)". But I suspect this is for French law, not Swiss specifically.
30 mins
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1 hr
French term (edited): emprisonnement ... r�clusion

given a prison sentence...given a long prison sentence

is the difference..and reclusion a perpietuity is prison for life

though reclusion can be solitary confinement

your choice of course..
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