Apr 21 00:04
19 days ago
33 viewers *
German term

Aktenvorzeugnis*

German to English Law/Patents Law (general) Criminal law
This word appears in a list of "Beweismittel" provided by the public prosecutor for a case in which the defendant used someone else's ID card to try and get a job. The first two pieces of evidence consist of statements by the defendant and the actual ID card owner respectively, then there is this:

III. Gegenstände des Augenscheins: ID-Card, Aktenvorzeugnis.

I'm struggling to understand the concept behind the word "Aktenvorzeugnis", let alone find a suitable translation for it...
Proposed translations (English)
3 +1 preliminary testimony on file

Discussion

Marion Linssen Apr 23:
term not found I am too late now posting this but I couldn't find this term either.
"Aktenvorzeugnis" can mean the testimony of a person heard in a former phase of the procedure which has become part of the file. But I wonder if "(Vor-)Zeugnis" as a general term possibly refers to the so-called "Führungszeugnis" (certificate of good conduct/police clearance) which is issued by the police and lists all previous convictions of a person.
However, due to lack of context this is pure guess.
Can you let us know your client's answer? I would be interested to know.
Heather Starastin (asker) Apr 23:
... which is exactly what I did in the end, since the deadline was pressing. Thank you all very much for your contributions, everyone :)
AllegroTrans Apr 22:
Care needed With all due respect to Adrian he hasn't provided anything but an inspired guess, which may be correct - but which may be quite wrong...
This is legal and in your shoes I would flag this up with the client as a word which does not appear to exist.
Heather Starastin (asker) Apr 22:
Exactly, that's why I asked the question. Although tbh, I'm inclined to take Adrian's credentials as an English-speaking barrister in Austria as grounds enough to accept his answer unless proven otherwise.
AllegroTrans Apr 22:
@ all the problem remains that I cannot find this word anywhere. Can any of you?
Diana Obermeyer Apr 22:
I think Adrian's notion of taking Aktenvorlage as the starting point is on the right track, but it may well include documents that would only become evidence after visual inspection. See e.g. this case: https://blog.burhoff.de/2017/01/gut-aufgepasst-oder-die-vorg...
Heather Starastin (asker) Apr 22:
Hi Marion, it's Germany, and the asterisk is a typo. No additional information available, I'm afraid, other than the context I have already described.
Marion Linssen Apr 22:
@Heather Which country is this from? Austria? Switzerland?
And why there is an asterisk? Is there any additional explanation somewhere in your doc with regard to this?

Proposed translations

+1
1 hr
German term (edited): Aktenvorzeugnis
Selected

preliminary testimony on file

... but not yet on the court record.

On the assumption this is Germany and the term refers to a pre-trial disclosure of testimony: in Anglo-American law, written (deposition) or oral evidence.

Work inductively from Aktenvorlage as prosecution disclosure of evidence.

Compare 'proof of evidence' of witness statements in civil law: 'a Proof of Evidence is a written summary of what a witness will say in evidence during a hearing.'

Example sentence:

Die Pflicht der Behörden zur Aktenvorlage im Strafprozeß

USA: The preliminary exam will allow testimony to be placed on the record which can later be used at trial to impeach a witness

Note from asker:
Thank you, Adrian!
Peer comment(s):

neutral AllegroTrans : This term only appears once on a websearch, and that is in regard to this ProZ question, so I really think you need to adduce some convincing evidence or recuse yourself
10 hrs
only appears once on a websearch - well, it's going to appear twice from this ProZ webite, whether in the glossaries or not and, as you know, could be an inhouse term. Otherwise, offer your own convincing translation based on discussion entries etc.
agree Cilian O'Tuama : Best answer yet! :-)
3 days 37 mins
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Haven't added the term to the glossary, since there still appears to be some doubt. However, I sincerely appreciate you taking the time to answer :)"
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