Terminology of the Penal Code Procedure - Options of Translation in Albanian and German

Ergys Prifti, Mihallaq Zilexhiu
2015 Academic Journal of Interdisciplinary Studies  
The Justice, be it civil or penal should be forwarded through a particular form of language. This linguistic form can be orally and in written form as in the case of different linguistic processes, as well as in only written form as in the case of translation of laws or legal provisions. Discussion on legal right and right's judgment, are processes transmitted with the help of language, which are based on texts such as decisions based on language. Language content of these texts is crucial. An
more » ... xts is crucial. An equally important role is taken therefore by oral interpreters and those who translate written texts from one language to another. Translators (interpreters) forward the language content in linguistic processes between the defendant in the trial and the plaintiff. But how is it possible to correctly translate the content of a text in written or oral form? What can the translator do in cases of uncertainty? In order to give a possible answer to these questions, the following paper will try to address the following issues: -Brief historical overview of the Albanian code of penal procedure: In this way we can better understand the present status of the penal code procedure in our country, whose history becomes quite often the cause of the problems for the translator. The first Albanian penal code was written in 1925. It was conceived based on the Italian penal code procedures at that time. It was approved in 1927 and in 1928 entered into force. In 1948, was written a part of penal code which was totally completed in 1952. In 1977 was compiled a new Albanian Constitution. After the fall of the communist regime, in 1993 we have some minor amendments of the Constitution, while in 1995 comes out the new penal code procedure under the guidance of specialists in the field from Western countries. Shqip -plagosje me dashje /English -Intentional injury Many Words with a Word German -Mord Shqip -Vrasje English -murder German -Totschlag (im Zustand Starker psychischer Erregung) Shqip -Vrasje (në kushtet e një ngarkese të madhe psikologjike) English -Murder German -Tötung (Vorsätzlich) Shqip -Vrasje English -Murder In fact, the word murder for different situations has different words in German: -of man -Either Mord, and Totschlag are intentional killing of other people but the word murder expressed by the word Mord, is punished more severely than that expressed by the word Totschlag. In the German penal procedure code, Totschlag means premeditated murder of a man, which did not fulfill either the criteria to be punished as a Mord, nor even those of mitigation to be considered as a Tötung. Murder by negligence (die fahrlässige Tötung) is considered as an offense of murder in the narrower sense. Art. 76 Sh -Vrasje me dashje E -Intentional murder (killing simple) Gj -Vorsätzliche Tötung Art. 78 Sh -Vrasja me paramendim E -Premeditated murder Gj -Tötung mit Vorbedacht Art. 79 Sh -Vrasja në rrethana cilësuese E -Murder in qualifying circumstances Gj -Tötung unter qualifizierten Umständen Art. 81 Sh. Vrasje e Foshnjës E -Infanticide Gj -Kindestötung Art 82 Sh -Vrasja e kryer në kushtet e tronditjes së fortë psiqike E -Murder under profound psychic troubles Gj -Totschlag im Zustand starker psychischer Erregung Art Sh -Vrasje e kryer me kapërcim të kufijve të mbrojtjes së nevojshme E -Murder committed by overcoming the limits of necessary defense Gj -Totschlag bei Notwehrexzess 5. Many Words with a Word:
doi:10.5901/mjss.2015.v4n1s1p69 fatcat:rxjhykee6bd35kwmlmoaeo5toq