Commentary on Judgment No. 15069 of 2023: Precautionary Measures and Translation for Non-Italian Speaking Defendants

The recent judgment No. 15069 of October 26, 2023, issued by the Court of Cassation, has highlighted a crucial issue in criminal law: the right to translation for defendants who do not know the Italian language. This aspect is of fundamental importance, as it ensures respect for the fundamental rights of individuals involved in criminal proceedings.

Context of the Judgment

The Court addressed the case of a defendant, T. N., who did not speak Italian. The judgment clarifies that, in the event of a pre-trial detention order issued against a non-Italian speaking defendant or accused, a translation must be provided within a reasonable timeframe. The absence of such translation can lead to the nullity of the order itself, according to the combined provisions of Articles 143 and 292 of the Code of Criminal Procedure.

Order providing for a personal precautionary measure - Non-Italian speaking defendant or accused - Obligation to translate within a reasonable timeframe - Violation - Consequences. In matters of personal precautionary measures, a pre-trial detention order issued against a non-Italian speaking accused or defendant, where it has already emerged that they do not know the Italian language, is affected, in the absence of translation, by nullity pursuant to the combined provisions of Articles 143 and 292 of the Code of Criminal Procedure. Where, however, it has not yet emerged that the non-Italian speaking defendant or accused does not know the Italian language, the untranslated pre-trial detention order issued against them is valid until the point at which the lack of knowledge of said language becomes apparent, which entails the obligation to translate the measure within a reasonable timeframe, the violation of which results in the nullity of the entire sequence of procedural acts carried out up to that point, including the pre-trial detention order.

Legal Implications of the Judgment

This judgment not only clarifies the obligation to translate but also highlights the consequences of its violation. The Court has established that, if it has not already emerged that the defendant does not know Italian, the order remains valid. However, if such knowledge is subsequently ascertained, translation becomes mandatory, and its absence leads to the nullity of the procedural acts carried out up to that point.

• Obligation to translate for defendants who do not know Italian.
• Nullity of the pre-trial detention order in case of failure to translate.
• Validity of the order until knowledge of the Italian language is ascertained.

Conclusions

In conclusion, judgment No. 15069 of 2023 represents a significant step forward in protecting the rights of defendants in the Italian criminal justice system. It underscores the importance of ensuring that every individual, regardless of their linguistic knowledge, has access to a fair and equitable trial. Translation is not merely a formal requirement but a fundamental right that must be respected to ensure the legitimacy of criminal proceedings.