La fase preliminare del processo penale. Il contributo dell’approccio socioco - gnitivo a un’indagine terminografica spagnolo-italiano

摘要

This paper aims at presenting the results of a terminographic work on criminalpreliminary investigation in Spain and in Italy through the theoretical framework ofSociocognitive Terminology (Temmerman 2000).The analysis has revealed a significant anisomorphism in the conceptual organizationof the structure and procedure of criminal trials in the two countries, which entailedchallenging problems of terminological equivalence. These were dealt with through theprism 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 andflexible 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 an invaluable means of enhancing theconceptualization of the inevitable gaps and asymmetries between the two frames, i.e. thetwo legal systems.The paper applies this methodology to a select number of terminographic units, byfocusing on the crucial role of Temmerman’s template categories in the identification ofterminological equivalents.