Aug 13, 2016 21:39
7 yrs ago
3 viewers *
German term

Vernehmungsniederschrift

German to English Law/Patents Law: Taxation & Customs criminal law - offences
This is a document, or rather a form, with the details of an interrogation procedure at the Customs Investigations Authority Hamburg (Zollfahndungsamt Hamburg) whereby a person is being questioned in relation to a tax evasion offence due to tobacco smuggling. The form to be completed is called the "Vernehmungsniederschrift" and I am unable to find an equivalent in any British English legal glossaries. How to translate this? interrogation transcript? Questioning transcript? Examination record?

Discussion

Adrian MM. (X) Aug 14, 2016:
Dictionary-driven drivel vs. actual UK practice I agree with Lancashireman. We have to assume that the IATE lexicographers are still operating under the pre-PACE Judges' Rules of 1964 https://en.wikipedia.org/wiki/Judges'_Rules
Lancashireman Aug 14, 2016:
"How reliable are the terms in IATE?" "It depends. Some of the material in IATE is very old and has never been properly checked, so its quality is bound to be lower than we would like. Some of the material is recent and results from extensive research on the part of terminologists and from the consultation of experts. And, of course, there is a lot in between those extremes. It is therefore important that you assess each solution on its merits. A simple term, with a low reliability value and no additional information, probably shouldn't be taken at face value."
http://iate.europa.eu/faq/IATE_FAQ_EN.htm
BrigitteHilgner Aug 14, 2016:
minutes of the hearing according to:
http://iate.europa.eu/SearchByQuery.do

Proposed translations

+7
2 hrs
Selected

record/transcript of interview

A tax official or customs & excise officer normally 'interviews' someone suspected of evading tax/duty.
Neither 'questioning' nor 'interrogation' are customary (pun) terms in the context of customs. 'Interview' makes it sound less intimidating, but the outcome is the same. As for 'interrogation', this suggests brutality of either a physical or psychological nature.

It is common to be asked to attend an interview with the Inspector and it is at this point that many people can tie themselves in knots. Even someone who has kept impeccable records would understandably be nervous at the thought of being interviewed by a Tax Inspector. Sadly there have been many cases when perfectly innocent clients have said something to an Inspector in an interview which has come back to haunt them – usually because they are nervous and are trying to tell the Inspector what they think he wants to hear.
http://www.taxenquirysolutions.co.uk/tax.php
Note from asker:
Looks like this is the most suitable answer, given the context. Will went another 15 hours before selecting it. Thank you so much for the valuable feedback.
Peer comment(s):

agree Adrian MM. (X) : Right for the UK - Code E interviewing, PACE 1984
6 hrs
agree Wendy Streitparth : https://www.google.co.uk/?gws_rd=ssl#q="tax enquiry" smuggli...
7 hrs
agree Andrew Bramhall
7 hrs
agree Paul Cohen : http://www.criminalcle.net.au/attachments/Impermissible_Ques...
11 hrs
agree Ramey Rieger (X)
1 day 6 hrs
agree AllegroTrans
1 day 13 hrs
agree gangels (X)
1 day 19 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you Lancashireman. Definitely seems to be the most appropriate translation. Thank you also to all the other excellent suggestions. All of them really good alternatives. "
5 mins

questioning report

According to Fachwoerterbuch Zoll und Aussenhandel, Bundesanzeiger Verlag


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Note added at 8 mins (2016-08-13 21:47:24 GMT)
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Tactical Questioning Report here https://lovdata.no/static/EMDN/emd-2009-029750.pdf
Peer comment(s):

neutral Andrew Bramhall : Really not;
10 hrs
neutral AllegroTrans : not the term used in practice
1 day 22 hrs
Something went wrong...
1 hr

interrogation transcript

There may be a more appropriate term for this in UK English, but this certainly sounds like a verbatim record of an interrogation.

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Note added at 1 hr (2016-08-13 23:03:01 GMT)
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Compare with this:

45 RiStBV
Form der Vernehmung und Niederschrift

(1) Die Belehrung des Beschuldigten vor seiner ersten Vernehmung nach 136 Abs. 1, 163a Abs. 3 Satz 2 StPO ist aktenkundig zu machen.

(2) Für bedeutsame Teile der Vernehmung empfiehlt es sich, die Fragen, Vorhalte und Antworten möglichst wörtlich in die Niederschrift aufzunehmen, legt der Beschuldigte ein Geständnis ab, so sind die Einzelheiten der Tat möglichst mit seinen eigenen Worten wiederzugeben. Es ist darauf zu achten, dass besonders solche Umstände aktenkundig gemacht werden, die nur der Täter wissen kann. Die Namen der Personen, die das Geständnis mit angehört haben, sind zu vermerken.
http://www.rodorf.de/02_stpo/14.htm#01.3
Peer comment(s):

neutral Andrew Bramhall : unidiomatic in UK English
9 hrs
If that's the only reason, I can live with that. Having said that, I'd have my own concerns about calling an interrogation an interview
neutral AllegroTrans : not "usual" to refer to "interrogation" in UK - "interview" is more a propos
1 day 21 hrs
Something went wrong...
-1
12 hrs

hearing minutes

related to offenses such as smuggling and tax evasion by customs officiers
Peer comment(s):

neutral Lancashireman : As he shuffled uncomfortably in his chair, a clock ticked loudly on the wall.
2 hrs
neutral Adrian MM. (X) : UK criminal law students & finalists have to learn the law of PACE, virtually off by heart https://www.gov.uk/government/uploads/system/uploads/attachm...
6 hrs
disagree AllegroTrans : It's not a hearing and the record is not referred to as minutes
1 day 3 hrs
Something went wrong...
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