Intermediate Nullity Regime: Analysis of Judgment No. 48102 of 2023

Judgment No. 48102 of September 15, 2023, represents an important reference point for criminal procedural law, particularly concerning the protection of the rights of foreign defendants. In this article, we will analyze the principles established by the Court of Cassation regarding the appointment of an interpreter for those who do not know the Italian language, and the legal consequences arising from the failure to appoint one.

Legal Context

The Court of Cassation, in its judgment, emphasized that the omission to appoint an interpreter for defendants who do not understand the Italian language results in an intermediate nullity. This principle aligns with Article 143 of the New Code of Criminal Procedure, which establishes the obligation to ensure that defendants can fully understand and participate in the proceedings. The judgment is based on previous case law that reinforces the importance of this fundamental right.

Defendant - Lack of knowledge of the Italian language - Omission to appoint an interpreter - Consequences - Intermediate nullity. Regarding the translation of documents, the omission to appoint an interpreter for a defendant whose lack of knowledge of the Italian language has been ascertained gives rise to an intermediate nullity.

The maxim expressed by the Court of Cassation highlights how the failure to appoint an interpreter is not merely a formality but an essential requirement to ensure a fair trial. Intermediate nullity implies that procedural acts carried out without the presence of an interpreter cannot be considered valid, and this allows for the possibility of appealing decisions made under such circumstances.

Practical Implications of the Judgment

The practical implications of Judgment No. 48102 are manifold. Among these, we can highlight:

• Strengthening the rights of foreign defendants in criminal proceedings.
• The need for training for legal professionals regarding the management of cases involving non-Italian-speaking defendants.
• The possibility of re-examining previous cases where the appointment of an interpreter was not guaranteed.

This decision by the Court of Cassation represents a significant step towards the protection of human rights and respect for the principle of procedural fairness, which are fundamental in a democratic legal system.

Conclusions

In conclusion, Judgment No. 48102 of 2023 offers an important reflection on the necessity of ensuring fair and accessible justice for all, regardless of the language spoken. Lawyers and legal professionals must pay particular attention to this aspect to prevent defendants' rights from being compromised. The protection of linguistic rights is, in fact, a crucial element for a fair trial and for respecting the dignity of individuals involved in the criminal justice system.