Las asimetrías entre los procesos penales español y alemán y cómo abordarlos mediante una traducción transparente basada en el derecho comparado

Abstract

Due to the system-bound nature of the law, when a legal text rooted in a legal system A is translated to be received in a legal system B, the translator must deal with the challenges arising from the asymmetries between the legal systems involved. The purpose of this paper is to dive deeper into the nature of these asymmetries and its implications for the translation process. Due to its relevance for professional translation practice, we have chosen the legal subdomain of cross-border criminal prosecution between Spain and Germany as a case study. First, the translation situations that typically arise in these settings are described. Secondly, applying the methodology of comparative law, some important connecting and differentiating points of criminal proceedings in Germany and Spain are outlined. Thirdly, the asymmetries between the two legal systems that have been identified in the comparative legal study are revised to determine their origins and to decide whether a typology can be established for translation purposes. As a last step, the adequate translation method for these settings is discussed and possible translation techniques are outlined.