La fase preliminare del processo penale. Il contributo dell'approccio sociocognitivo ad un'indagine terminografica spagnolo-italiano

This paper aims at presenting the results of a terminographic work on criminal preliminary investigation in Spain and in Italy through the theoretical framework of Sociocognitive Terminology (Temmerman 2000). The analysis has revealed a significant anisomorphism in the conceptual organization of the structure and procedure of criminal trials in the two countries, which entailed challenging problems of terminological equivalence. These were dealt with through the prism of the sociocognitive approach. From a methodological point of view, the study is based on the notion of Temmerman’s “template of understanding”, a tool that is particularly suitable to cope with vague and flexible units of understanding typical of the Criminal Procedure of both countries. Temmerman’s approach has proved to be particularly apt for legal terminology: prototypically structured categories are a priceless means of enhancing the conceptualization of the inevitable gaps and asymmetries between the two frames, i.e. the two legal systems. The paper applies this methodology to a select number of terminographic units, by focusing on the crucial role of Temmerman’s template categories in the identification of terminological equivalents.