Judgment No. 14657 of 2024: Mandatory Translation in Precautionary Measures

The recent judgment No. 14657 of 2024 issued by the Court of Cassation offers an important reflection on the procedural guarantees for non-Italian-speaking defendants. In particular, the ruling establishes that the order to aggravate a precautionary measure must be translated into a language understandable to the defendant, under penalty of nullity. This principle, strongly reiterated, is fundamental to ensuring the right to defense and the protection of the personal liberty of individuals involved in criminal proceedings.

Content of the Judgment

According to judgment No. 14657, the Court annulled without referral the order of aggravation issued by the Court of Liberty of Rome. The main reason lies in the fact that the defendant, W. N. P., not knowing the Italian language, could not understand the content of the document due to the omission of translation. This constitutes a violation of the fundamental rights of the individual, particularly the right to defense, enshrined in Article 24 of the Italian Constitution.

Order of aggravation of the measure issued against a foreign-speaking defendant who does not know the Italian language - Omission of translation into a language known to the aforementioned - Nullity - Existence - Reasons. In the context of personal precautionary measures, the order to aggravate the restraint issued against a foreign-speaking defendant, who does not know the Italian language, must be translated, under penalty of inadmissibility, into a language known to him, pursuant to the combined provisions of Articles 143 and 178, paragraph 1, letter c), of the Code of Criminal Procedure, as it significantly affects personal liberty.

Implications of the Judgment

This judgment has significant implications for the Italian legal system and the treatment of foreign defendants. Here are some key points:

• Recognition of the right to translation: The Court reaffirms the principle that every legal provision must be communicated in a language understandable to the interested party, without exception.
• Impact on criminal proceedings: The lack of translation can lead to the invalidity of acts, slowing down the process and raising issues of legitimacy.
• Protection of human rights: The judgment is part of a broader context of respect for human rights, in line with European and international regulations.

Conclusions

Judgment No. 14657 of 2024 marks a step forward in protecting the rights of non-Italian-speaking defendants. It draws attention to the need to ensure fair and understandable justice for all, regardless of the language spoken. The translation of legal documents is not merely a matter of form but an essential element for ensuring respect for fundamental rights and maintaining the integrity of the legal system. Legal professionals should pay particular attention to this aspect to avoid future disputes and ensure a fair trial.