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Legal Translation of Indictment: inculpation formelle, not a simple accusation

02 July 2025 - False cognates

⚠️ A criminal false friend with heavy procedural weight

The word indictment is often mistranslated into French as accusation. Yet in common law systems, it is far more specific. An indictment is a inculpation formelle, generally issued by a grand jury. It is neither a complaint nor a simple denunciation: it is the act that formally initiates criminal proceedings, typically for serious offenses or crimes.

👉 In French, accuser can be very general, but in legal English to indict implies a solemn, formalized procedure.


⚖️ In criminal law: formal mise en accusation

An indictment occurs after an investigation, once sufficient evidence exists to bring someone to trial. The act of inculpation specifies the charges retained.

Examples:

  • The grand jury returned an indictment for fraud
    Le grand jury a prononcé une inculpation pour fraude

  • He was indicted on multiple counts of embezzlement
    Il a été formellement inculpé pour plusieurs faits de détournement

  • An indictment is required for felony charges
    Une inculpation est requise pour les crimes (felonies)

👉 Translating indictment simply as accusation erases the crucial procedural dimension.


🧾 Related terms

  • to indict = inculper formellement (often by a grand jury)

  • indicted person = mis en accusation, prévenu formellement

  • sealed indictment = inculpation not made public

  • superseding indictment = new inculpation replacing a previous one


✅ In summary

  • Indictment ≠ vague accusation, but a formal inculpation in criminal procedure

  • An official document, often issued by a grand jury, setting out the charges

  • Primarily used in Anglo-American criminal law (U.S., U.K.)


📌 TransLex’s Advice

Before translating indictment, ask yourself:

  • Is it a formal accusation issued by a judicial authority?

  • Does the procedure involve a grand jury or prosecutor?

  • Is the context a serious crime or felony, not a minor offense?

👉 In law, indictment = inculpation formelle, not a simple allegation.
👉 Always preserve its procedural weight, especially in Anglo-American criminal law.

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