英和 ３つの権利の翻訳

質問

この３権利は正しいですか？

The right to a speedy trial
迅速な裁判を受ける権利

The right not to be tortured
拷問されない権利 　か　拷問を受けない権利　　←どっちのほうがいいですか？

The right to present a defense　
抗弁を提出する権利
※上記はself defence ではないです。 Here is means to present a defense (testimony, evidence, statement/argument) to the court.

回答No.2

cbm51901 · ベストアンサー

Hi. Two words come up to my mind here.
One is 「提出」 as you suggested, the other is 「提示」。

「提出」is a word commonly used in legal proceedings to mean "present,"
"exhibit," or "submit." But that is as far as it goes. What I mean is, you are free to 「提出」your materials, but it would be up to the judges whether to take it seriously or not (or to what extent they would take it into consideration.)

In comparison, 「提示」means that you not only "submit" materials, but you go so far as to ensure that the person you are submitting the material to,
"understands" the nature/significance of the allegation (or counter-allegation) that you are making with that material.

So 「提示」seems to have a stronger meaning than 「提出」。
Well, that is what the dictionary says.
https://www.weblio.jp/content/%E6%8F%90%E7%A4%BA

Having that said, 「提出」is still a preferred word as a legal term. So my conclusion is:

Follow the "common sense" and stick to
「抗弁を提出する権利」
But if you are "in for a bit of an adventure," go with;
「抗弁を提示する権利」
!!!

お礼

I'm laughing - I love the explanation and especially the part "in for a bit of an adventure"... I don't why but that made me laugh :o) I mean in a good way because it was cute.

With what you wrote I actually think 提出 would be proper. I think this because the 'right' does not include 'understanding'.

Thanks for explaining - I appreciated that.

回答No.1

cbm51901

The right to a speedy trial
「迅速な裁判を受ける権利」で良いと思います。

The right not to be tortured
「拷問を受けない権利」の方が良いと思います。

The right to present a defense　
「抗弁（を主張）する権利」ではどうでしょう。

補足

一つの質問があります

The right to present a defense　
「抗弁を主張する権利」　？？

この場合は裁判に「証拠、供述など」を拒否することはできないという意味をとるですか

Typically there are 3 types of defences: testimony, a statement of defence and evidence. When I write "The right to present a defence" I want the Japanese to mean that a suspect has a right to submit the 3 mentioned above. This is why used the word 'present'... as if to submit to the court.

さ。。。適当な日本語はなんでしょう

Note that I write both defense and defence ... with a 'c' it's British spelling and with an s it's American spelling. When I write law stuff I use American spelling however I used British spelling above. It's because the spell check on this website is set up for British English... :o/ *actually I prefer British English - well at least the spelling that is.