Judgment No. 27103 of 2024 and the Rights of the Foreign-Language Defendant

The recent Judgment No. 27103 of May 2, 2024, filed on July 9, 2024, has generated considerable interest in the field of criminal law, particularly regarding the procedural guarantees for defendants who do not know the Italian language. This ruling by the Court of Cassation addresses a crucial issue: the consequences of the non-translation of an order rejecting the request for review for a foreign-language defendant.

The Case and the Court's Decision

The Court quashed, without referral, a decision by the Tribunal of Liberty of Bari, highlighting that the non-translation of the rejection order does not render the order itself void. The Court clarified that the time limits for filing an appeal to the Court of Cassation only begin to run from the moment the defendant has actual knowledge of the content of the order. This decision is based on a careful reading of Articles 143 and 309 of the Code of Criminal Procedure and the European Convention on Human Rights, particularly Article 6, which guarantees the right to a fair trial.

Foreign-language defendant who does not know the Italian language - Non-translation of the order rejecting the request for review - Consequences - Reasons. The non-translation into a language known to the foreign-language defendant, who does not know the Italian language, of the order rejecting the request for review against a measure applying personal precautionary measures does not render it void, but solely results in the time limits for filing an appeal to the Court of Cassation running from the moment the aforementioned person has actual knowledge of the content of the order. (In its reasoning, the Court specified that the order is not included in those that must necessarily be translated pursuant to art. 143, paragraph 2, of the Code of Criminal Procedure, nor in those essential for knowledge of the charges under art. 143, paragraph 3, of the Code of Criminal Procedure).

Implications of the Judgment

This judgment has significant implications for Italian criminal law. In particular, it highlights the need to ensure that defendants, especially those of foreign origin, can access clear information regarding their rights and the charges against them. Although the Court has established that non-translation does not automatically lead to a nullity, it is essential that lawyers and legal institutions take action to ensure that the rights of defendants are always respected.

• Recognition of linguistic rights
• Importance of translation in criminal proceedings
• Protection of foreign-language defendants

Conclusions

In conclusion, Judgment No. 27103 of 2024 represents a significant step towards greater protection of the rights of defendants who do not speak Italian. It underscores the importance of actual knowledge of legal provisions and invites reflection on how to ensure a fair trial for all, regardless of the language spoken. It is essential that the legal system continues to evolve to meet the needs of an increasingly multicultural society.