Analysis of Judgment No. 40153 of 2024: Nullity for Omitted Translation in Extradition

The recent judgment No. 40153, filed on October 30, 2024, by the Court of Cassation, sheds new light on extradition procedures, placing a strong emphasis on the importance of linguistic comprehension during the legal process. In particular, the Court has established that the omission of translation of the precautionary order against an extraditee who does not know the Italian language renders the act null and void.

Context of the Judgment

In the case at hand, the defendant, B. R., was subject to extradition abroad, and the Court of Appeal of Milan had issued a precautionary order. However, the order had not been translated into a language understandable to the defendant, who did not speak Italian. The Court of Cassation deemed this procedural error so serious as to entail the nullity of the act, highlighting the defendant's right to understand the measures concerning them.

Extraditee speaking a foreign language who does not understand Italian - Omission of translation of the order imposing the precautionary measure - Nullity - Existence - Ineffectiveness - Exclusion. In matters of extradition abroad, the omission of translation of the order applying the precautionary measure to a foreign-language speaking extraditee who does not know Italian renders it null and void, with the consequent regression of the proceedings to the state at which the null act was performed, for the translation and renewal of subsequent acts. (In its reasoning, the Court clarified that the ineffectiveness of the coercive measure is not determined in such cases, as the five-day period for conducting the interrogation referred to in art. 717, paragraph 1, of the Code of Criminal Procedure is not peremptory).

Legal Implications of the Judgment

The judgment in question highlights several fundamental legal issues, particularly regarding the respect for the defendant's rights. Among the salient points are:

• Nullity of the Act: The absence of translation not only renders the act null and void but also requires the repetition of the procedural phase concerned.
• Linguistic Rights: The judgment reaffirms the individual's right to understand the legal measures concerning them, in line with the principles of fairness and justice.
• Time Limits: The Court clarified that the lack of translation does not lead to the ineffectiveness of the precautionary measure, emphasizing that the deadlines provided by law are not always peremptory.

Conclusions

Judgment No. 40153 of 2024 represents an important step forward in protecting the rights of defendants in extradition proceedings. It highlights the need to ensure that every person involved in a legal process can fully understand the decisions concerning them, regardless of the language spoken. The implications of this judgment are not limited to the specific case but raise broader questions about justice and fairness in legal procedures in an increasingly global context.